TERMS AND CONDITIONS
(V2.0 Mar 18, 2015)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. By i) using this site, ii) purchasing any products or services from Hank Cookie & Skink Pty Ltd (HC&S) T/A The Sports Model Project. or iii) utilizing any of the products or services from HC&S through this site, you are deemed to have agreed to these Terms and Conditions. We reserve the right to modify them at any time. You should check these Terms and Conditions periodically for changes. By using this site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized from HC&S , the version of these Terms and Conditions that were posted at the time of purchase or utilization apply. If at any time you choose not to accept these Terms and Conditions of use, do not use this site.
GENERAL TERMS & CONDITIONS
User Public Forum Submission/Participation Policy and Terms
III. Special Notes with regard to Product and Service Purchases
Product and Service Purchase Agreement / Refund Policy
GENERAL TERMS & CONDITIONS
a) Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.sportsmodelproject.com.au as well as any of its sub-domains and related domains (collectively the “Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
b) Restrictions on Use
The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material.
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.
You agree not to do any of the following while using the Site:
harass, stalk or otherwise abuse another user;
transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site.
impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
violate any applicable local, state, federal or international law, rule or regulation.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may contact us via www.sportsmodelproject.com.au/contact. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time
We do not endorse, warrant or guarantee any products or services offered on the any third party site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
d) Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
e) No Personal Advice
The information contained in or made available through this Site (including but not limited to information contained on message boards, in text files, in products, from services, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site (including but not limited to any product or service purchased, utilized or otherwise obtained from this Site). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
f) Parental Permission; Minimum Age Requirement
This Site is not directed to persons under the age of 13. The sale of any of the Site’s products or services is not directed to persons under the age of 18. We will not knowingly collect personally identifiable information from persons under 13. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN’S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site to be over 13 and all purchasers of HC&S’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 13, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 13 years of age. If you are purchasing any of the products or services of HC&S, you represent that you are at least 18 years of age.
g) MEMBERSHIP FEES
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days’ prior written notice to you.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HC&S or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this site is the exclusive property of HC&S and protected by Australian and international copyright laws.
i) CONTACTING US
The address and phone number for HC&S is:
Hank Cookie & Skink Pty Ltd T/A The Sports Model Project.
Registered Business Address: Suite D, L4
140 Williams Street
East Sydney NSW 2011 Australia
You can reach our customer support by calling us at 0449280380, or contacting us via www.sportsmodelproject.com.au/contact
For cancellation of a subscription, call 0449280380, or contact us via www.sportsmodelproject.com.au/contact
For refund requests, call 0449280380, or contact us via www.sportsmodelproject.com.au/contact
Privacy matters can addressed to us at 0449280380, or via www.sportsmodelproject.com.au/contact
III. Special Notes with regard to Product and Service Purchases
a) Shipping Methods
Products shipped by HC&S may be shipped by Australia Post Standard or by any other method in the discretion of HC&S. If a shipping charge will be imposed, it will be defined on the order form.
All orders require at least 24-48 hours processing time before shipping.
NMA does not process orders during weekends.
No deliveries will be made on Saturday or Sunday.
NMA does not guarantee same day shipping.
Taxes and other charges may apply depending on the country, state or territory of the delivery address.
Exact delivery times to any location cannot be guaranteed.
d) Product listings
NMA strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained herein or referenced on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, HC&S shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information. Additionally, all hyperlinks to other websites from HC&S are provided as resources to customers looking for additional information and/or professional opinion. NMA does not assume responsibility for the claims and/or representations made on these or any other websites.
e) Product Revisions
HC&S is not responsible for changes or variations in product specifications and/or physical appearance, since in some cases HC&S acts as a distributor for others. In the interest of our customers, HC&S puts forth its best efforts to ensure that all product information is up-to-date and factual. Unfortunately there are varying determinates which, although infrequent, could cause the information on our website to become outdated without our immediate knowledge. This includes but is not limited to new versions or revisions, color deviations, retail package alterations and other variations that may be considered inconsequential by the manufacturer. In some cases, HC&S relies on the manufacturer of a product to communicate these differences. Presently we have no way of alerting customers prior to purchase in the event the manufacturer fails to do so. Consequently, HC&Swill not be held responsible for product revision changes.
Product and Service Purchase Agreement
By accepting delivery of any product or service delivered from HC&S, viewing such products, or otherwise using such products or services, you (“Customer”) agree to be bound by the terms and conditions listed below. You and NMA agree that the following terms and conditions are the exclusive terms governing the sales transaction between you and HC&S. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods or services from HC&S.
a) Product Issues
If you have problems or concerns regarding HC&S or your purchases, you may contact us through www.sportsmodelproject.com.au/contact
b) Refund/Return Policy
You may request a refund within 30 days of purchase. You must contact us by submitting a request through www.sportsmodelproject.com.au/contact within 30 days of your purchase.
We comply with the Australian Competition and Consumer Commission in regards to returns and refunds. Please go to https://www.accc.gov.au/consumers/consumer-rights-guarantees/repair-replace-refund#replacements-and-refunds to read about Australian Consumer Law.
You can ask a business for your preference of a free repair, replacement or refund, but you are not always entitled to one. For example, the consumer guarantees do not apply if you got what you asked for but simply changed your mind, found it cheaper somewhere else, decided you did not like the purchase or had no use for it.
If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.
If the problem with a product or service is minor, you must accept a free repair if the business offers you one.
If the business fails to give you a free repair within a reasonable time or cannot fix your problem, you can:
get it done elsewhere and pass on the costs to the business
ask for a replacement
ask for a refund
recover compensation for the drop in value below the price paid.
Under the Australian Consumer Law, businesses accepting goods for repair must provide consumers with repair notices when:
the goods being repaired are capable of retaining user-generated data, for example, mobile phones, computers, portable music players and other similar electronic goods
it is the repairer’s practice to supply refurbished goods rather than repair defective goods, or to use refurbished parts in the repair of defective goods.
The consumer must receive the repair notice in writing before the goods are accepted by the business for repair.
Replacements and refunds
You can ask for a replacement or refund if the problem with the product is major.
Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.
The business may take into account how much time has passed since you bought the product considering the following factors:
type of product
how a consumer is likely to use the product
the length of time for which it is reasonable for the product to be used
the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.
What is a major problem?
A product or good has a major problem when:
it has a problem that would have stopped someone from buying it if they’d known about it
it is unsafe
it is significantly different from the sample or description
it doesn’t do what the business said it would, or what you asked for and can’t easily be fixed.
A service has a major problem when:
it has a problem that would have stopped someone from buying it if they’d known about it
it is substantially unfit for its common purpose and can’t easily be fixed within a reasonable time
it does not meet the specific purpose you asked for and cannot easily be fixed within a reasonable time
it creates an unsafe situation.
Returning the product
You are responsible for returning the product, unless the cost of doing so is significant. In this case, the business must organise and pay for the return or exchange.
Examples of goods the supplier would have to collect:
127 cm LCD TV
swimming pool filter connected to a pool by fixed pipes
extension ladder stuck in the extended position.
You do not have to return products in the original packaging in order to get a refund.
In compliance with Australian Consumer Law, we may not offer you a refund on services where the entirety of the service has been delivered to you as agreed. We may also request you to show proof of work completed, or otherwise substantiate your claim for a refund, including covering the points listed under Major Problems above. If you purchased a physical product that we shipped to you, you may be required to return the entire product back to us before we process your refund.
c) WARRANTIES; ALL PRODUCTS AND SERVICES ARE SOLD “AS-IS” OR “WITH ALL FAULTS”.
NMA MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT OR SERVICE EXCEPT THOSE STATED IN THIS DOCUMENT. COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT OR SERVICE, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
ALL PRODUCTS OR SERVICES SOLD THROUGH OR BY COMPANY ARE SOLD “AS-IS” OR “WITH ALL FAULTS.” THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THESE PRODUCTS OR SERVICES IS WITH THE BUYER. SHOULD ANY OF THESE PRODUCTS OR SERVICES PROVE DEFECTIVE, DO NOT FUNCTION, OR FUNCTION IMPROPERLY IN ANY WAY FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT COMPANY, ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
d) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES COMPANY’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
e) CUSTOMER AGREED TO RESTRICTIONS, OBLIGATIONS AND LIMITATIONS; CONFIDENTIALITY AND LIMITED USE:
Customer acknowledges that the products and services sold by HC&S are the confidential and proprietary information and property of HC&S. Customer hereby agrees to protect such products and services as confidential. As a further condition to the purchase and/or receipt of such products and/or services of HC&S by Customer, Customer agrees it will not, nor allow others, to directly or indirectly copy, distribute, resell, lend, lease, display, teach to others or show these products and/or services to others. A “Customer” includes anyone who receives the products or services of HC&S, even if for free.
Customer agrees that no one may use these products and/or services in any manner without the written approval of HC&S, except for the Customer who has agreed that his/her use is limited to his/her own personal use. In the event Customer disagrees with these terms, Customer must immediately discontinue using the products purchased from HC&S. Anyone viewing or otherwise utilizing the products of HC&S by such conduct is agreeing to be bound by the terms of set forth herein, and as such must immediately comply with the terms of this agreement. In the event that HC&S discloses any portion of its information to the public, it should be understood that anything not publicly disclosed by HC&S remains information that you have an obligation to protect and maintain as confidential.
Customer represents and warrants that he or she is at least 18 years old. In the event that Customer is under 18 years old, Customer will immediately discontinue using the products purchased from HC&S.
f) TERMS AND CONDITIONS SPECIFIC TO MONTHLY SUBSCRIPTIONS.
By providing your credit card and other information, agreeing to this Terms and Conditions, or selecting the “Purchase” button (or similar such button for monthly subscription) displayed on www.sportsmodelproject.com.au, you are purchasing a monthly subscription and are agreeing to allow us to charge your credit card for amounts payable to us pursuant to this subscription.
You acknowledge and understand that you can cancel anytime by contacting customer support at 0449280380 or by submitting a cancellation request at www.sportsmodelproject.com.au/contact
g) GENERAL TERMS AND CONDITIONS
Payment Terms; Orders:
An order is not binding upon HC&S until it is accepted; HC&S must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment or provision of services. Customer can make payment by credit card, or some other method prearranged with HC&S. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Your total cost for purchase of any product will include shipping and handling charges shown on the HC&S invoice.
Title; Risk of Loss:
HC&S will arrange for shipment of ordered product(s) to you, the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to you upon delivery to the carrier. HC&S reserves a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow HC&S to sign appropriate documents on your behalf to permit HC&S to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. You agree to be bound by any software license agreement once the seal on the package is broken. HC&S will advise you of estimated shipping dates, but HC&S will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes
Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Australian law.
Waiver:The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement:These Terms and Conditions are the complete and exclusive agreement between the HC&S and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between HC&S and you relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.