PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. IF YOU USE OR ACCESS THE AUSTRALIAN PITCHING DEVELOPMENT WEBSITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS. DO NOT PROCEED FURTHER IF YOU DO NOT WISH TO ACCEPT THESE TERMS.
Thank you for visiting www.australianpitchingdevelopment.com.au (Site).
The Site is a website operated by Montas Pty Ltd (Australian Business Number 29 650 576 597) trading as ‘Australian Pitching Development’ (we, us and our) of 18B Beckenham Street, Beckenham, Western Australia 6107. To contact us, please email us at firstname.lastname@example.org
3. Application of Terms
These Terms are divided into two parts: Part A – General Terms, which applies to all users of the Site; and Part B – Membership Terms, which apply only to those persons who have registered as members (Members).
Part A - General Terms
4. Acceptance of Terms
By using the Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use the Site.
You are responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
5. Changes to Terms
6. Changes to Site
We may update and change the Site from time to time, for any reason, including without limitation to reflect changes to the goods and/or services offered, our users’ needs, changes in law and our business priorities. This may include conducting maintenance or software updates. We will try to give you reasonable notice of any major changes where it is practicable to do so.
We may require you to perform or execute software. If you do not, you may not be able to access or use the Site.
7. Suspension of Withdrawal of Site
The Site is made available free of charge, other than content, features, services and benefits of the Site reserved for Members.
We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. However, we may perform any maintenance or update to the Site, as we consider necessary or appropriate. Such maintenance may render the Site or parts of it temporarily inoperable or unavailable.
8. Eligibility to Use the Site
The Site is directed to users who are 13 years of age or older and who reside in and use the Site within Australia. We do not represent that content available on or through the Site is appropriate for use or available in other locations.
If you access the Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
9. Account Details
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know, or suspect that anyone other than you knows, your user identification code or password, you must promptly notify us using the contact details in clause 1of these Terms.
10. Use of Material
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works may be protected by copyright and trade mark laws and treaties around the world. All such rights are reserved.
10.2 Permitted use
You may print off one copy, and may download extracts, of any page(s) from the Site which may be accessed without payment of a fee for your personal use and you may draw the attention of others to content posted on the Site. You must not print off or download any page(s) from the Site which require payment to access, except as expressly permitted in the terms and conditions for accessing such page(s).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on the Site must always be acknowledged.
10.3 Prohibited use
The Site is for your personal, non-commercial use only. You must not use any part of the content on the Site for commercial purposes, including any advertising or advertising revenue generation activity on your own website, without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
11. Accuracy of Information
This Site is provided on an “as is” and “as available” basis, and we do not make any representations or warranties, whether express or implied, regarding the operation or availability of the Site.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely, except as expressly stated otherwise.
Although we make reasonable efforts to update the information on the Site, we do not make any representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date.
12. Third Party Providers
The Site may contain advertisements for, or offers for sale of, goods and services provided by third party suppliers or service providers (Third Party Providers). We endeavour to identify and distinguish such goods and services from those which are provided by us.
In respect of goods or services of Third Party Providers, you acknowledge and agree that:
we are not offering to sell or supply such goods or services;
the Site acts as a format by which the Third Party Providers may advertise such goods or services, including any offers for sale;
we are not responsible and will not be liable in relation to such goods or services, or any sales transaction related to the same, and you will not hold us responsible for any act or omission on the part of the relevant Third Party Provider;
any sales transaction for such goods and services is between you and the relevant Third Party Provider, and we are not a party to such transaction;
the Third Party Provider may offer such goods or services subject to their own separate terms and conditions;
we do not have any control over, nor do we provide any guarantee, representation or warranty in respect of, the goods or services being advertised or offered, including in respect of condition, quality, safety, legality, accuracy, delivery/performance time, or the ability of the Third Party Provider to perform/deliver the goods or services; and
if any Third Party Provider breaches their obligations to you in respect of such goods or services, including under any sales transaction for the same, you (and not us) will be responsible for enforcing your rights and pursuing any action or claim against the Third Party Provider which may be available to you.
13. Linked Websites
Where the Site contains links to other websites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
We may disclose that information to third parties that help us deliver services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide certain goods or services. We may also disclose your personal information to recipients that are located outside of Australia, including to Third Party Providers.
how we collect, hold, handle, use, disclose, process, transfer, access, destroy and otherwise deal, and how you may access and correct, your personal information;
how you can lodge a complaint regarding the handling of your personal information; and
how we will handle any complaint.
15. User-Generated Content
This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values.
This Site may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (Post) content or materials (collectively, User Contributions) on or through the Site.
All User Contributions must comply with the content standards set out in clause 18 of these Terms.
Any User Contribution which you Post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content. However, by providing any User Contribution on the Site, you grant us (including our ‘related bodies corporate’ within the meaning of that term under the Corporations Act 2001 (Affiliates) and our service providers, and each of their and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, subject to your specific account settings (if any).
We also have the right to disclose your identity to any third party who is claiming that any content Posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any Posting you make on the Site if, in our opinion, your Post does not comply with the content standards in clause 18 of these Terms.
You are solely responsible for securing and backing up your content.
You represent and warrant that:
You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us (including our Affiliates and service providers, and each of their and our respective licensees, successors and assigns).
All of your User Contributions (if any) do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you Post, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions which are Posted by you or any other user of the Site.
We have the right to remove, refuse to Post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us using the contact details in clause 1 of these Terms.
For certain promotions, campaigns or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
17. Intellectual Property Rights
Unless otherwise indicated, and without limiting clause 10, we own or license from third parties all rights, title and interest (including intellectual property rights) in the Site, including all of the content and material (including all text, graphics, logos, audio and software) made available on this website (Content).
All intellectual property rights created (including future copyright) on or in relation to the Site vest in us (or a third party licensee, as the context requires).
For these purposes, “intellectual property rights” means all existing and future statutory, industrial and other proprietary rights in relation to trade marks, designs, patents, copyright, confidential information, trade secrets and all other intellectual property rights as defined in Article 2 of the convention establishing the World Intellectual Property Organisation of July 1967 as amended from time to time, including all modifications, improvements and/or adaptations of the same.
17.2 No rights
Your use of the Site and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Site or the Content. However, we do grant you a licence to access the Site and view the Content on and subject to these Terms and, where applicable, as expressly authorised by us and/or our third party licensors.
17.3 Prohibited conduct
Any reproduction or redistribution of the Site or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
All other use, copying or reproduction of the Site, the Content or any part of it is prohibited, except to the extent permitted by law.
‘Australian Pitching Development’ and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our Affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under clause 10. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.
18. Content Standards
The content standards in this clause 18 apply to any and all User Contributions and use of social media features.
User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations.
You warrant that your User Contributions will not:
Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Contain or promote sexual or pornographic material, violence, or discrimination based on race, ethnicity, sex, gender, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trade mark, design, copyright or other intellectual property or other rights of any other person.
Publish any trade secret or other confidential information, or other intellectual property or other rights of any other person.
Be likely to mislead or to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards in this clause 18.
You warrant that any such contribution complies with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We may report any breach of your warranty to the relevant law enforcement or regulatory authorities, and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
19.1 Limitation of liability
We will not (nor will our Affiliates or their licensors, service providers, employees, agents, officers or directors) be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of opportunity, damage to reputation, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause 19 affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law as well as any other applicable law.
19.2 Exclusion of implied terms
All terms, conditions, guarantees and warranties which might apply to, arise out of, or be implied into, these Terms or the transactions that they contemplate are excluded to the extent permitted by law.
If we are liable for a breach of a term, condition, guarantee and warranty which by law cannot lawfully be excluded or modified by contract (including those under the Competition and Consumer Act 2010 (Cth), the Fair Trading Act 2010 (WA) and any other applicable equivalent legislation), our liability to you is, to the extent permitted by law, limited to any one or more of the following, at our discretion:
if the breach relates to goods, replacement or repaid of the goods, supplying equivalent goods, or paying the costs of replacing, repairing, procuring or hiring equivalent goods; or
if the breach relates to services, repair or reperforming the services, supplying equivalent services, or paying the costs of repairing, reperforming or procuring equivalent services.
You agree to defend, indemnify and hold us, our Affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms.
19.5 Other terms
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our Terms of Trade, a copy of which can be obtained using the following link – www.australianpitchingdevelopment.com.au/termsoftrade.
20. Cyber Security
We do not guarantee that the Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your computer, digital device and other technology to access the Site. You should use your own antivirus software.
21. Linking to the Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in clause 18.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The Site must not be framed or mirrored on any other Site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on the Site other than that set out above, please contact us using the contact details set out in clause 1 of these Terms.
22. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
use the Site in any way that violates any applicable federal, state, local or international law, regulation or code (including, without limitation, any laws regarding the export of data or software to and from other countries);
use the Site for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
use the Site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 18 of these Terms;
use the Site to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
use the Site to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
use the Site to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
use any automatic or manual process to reverse engineer or decompile any part of the Site;
use any device, software or routine that interferes with the proper working of the Site;
introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
23. Online Purchases
All purchases of goods or services through the Site or other transactions for the sale of goods or services formed through the Site or as a result of visits made by you are governed by our Terms of Trade (www.australianpitchingdevelopment.com.au/termsoftrade), which are incorporated into these Terms.
24. Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.
25. General Provisions
25.1 Governing law
These Terms, their subject matter and their formation, are governed by the laws applicable in the State of Western Australia. You agree that the courts of that State, as well as the courts of the Commonwealth of Australia, sitting in Perth, Western Australia will have exclusive jurisdiction for all matters related to these Terms and the Site.
If any provision of these Terms is invalid, illegal or unenforceable, that provision must be severed from and ignored in the interpretation of these Terms to the minimum extent necessary and to the intent that the remaining provisions remain in full force and effect.
If a provision is severed due to it being unenforceable against you (including due to your age or lack of legal capacity) but is or may be enforceable against other persons, that provision will be severed in respect of you and will remain in full force in respect of those other persons.
You must obtain our prior written consent before you assign, transfer, licence or otherwise dispose of a right or obligation under these Terms, and any purported assignment, transfer, licence or other disposal contrary to this clause is void.
We assign or novate any rights or obligations to a third party by giving you written notice to that effect. Your consent is not required for such assignment or novation.
25.4 Notices and communications
We may provide communications (including notices, consents, approvals, requests, demands and tax invoices) to you using internal messaging or communication function through the Site, or by pre-paid post, email or hand delivery using the contact information (including SMS) that you provide to us from time to time.
You must provide communications (including notices, consents, approvals, requests and demands) to us using the contact details in clause 1 of these Terms.
must be in the English language;
through any internal messaging or communication function through the Site, is taken to be received immediately;
by email, is taken to be received at the time it is delivered to the recipient party’s host server;
by post to a party in the same country as the sender, is taken to be delivered on the 3rd business day after posting; and
by post to a party in a different country as the sender, is taken to be delivered on the 7th business day after posting.
Notwithstanding the above, if a communication is taken to be received on a day that is not a business day or after 5.00pm in the place where the communication is received, it will be taken to be received at 9.00am on the next business day.
In these Terms, headings are for convenience only and do not affect interpretation, and unless the context otherwise requires:
a reference to a “party” or to “parties” is a reference to you, to us or to both, as the context requires;
a reference to “you” or “your” is a reference to a user of the Site, including a Member;
if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
the singular includes the plural, and vice versa;
a reference to a gender includes any gender;
a reference to an inanimate thing includes a living thing, and vice versa;
the word “including” and similar words are not words of limitation;
a reference to a statute includes its subordinate legislation, proclamations, ordinances and a modification, replacement or re-enactment of the same;
a reference to person, includes a reference to:
an individual, a body corporate, a trust, a partnership, a joint venture an unincorporated body or other entity, whether or not it is a separate legal entity; and
the person’s personal representatives, successors and assigns (as applicable);
a term, condition or warranty in favour of or on the part of two or more people, benefits or binds them jointly and severally;
a reference to time is to the time in Perth, Western Australia;
a reference to a “business day” is a reference to a day other than a Saturday, Sunday or public holiday in Western Australia;
if the date on which an act, matter or thing must be done or take place is not a business day, then that act, matter or thing must be done or take place on the next business day;
if a period of time runs from a given date, act or event, then the time is calculated exclusive of the date, act or event;
a clause must not be construed adversely to a party solely on the ground that the party was responsible for the preparing these Terms or that clause;
a reference to “writing” or “written” includes any electronic transmission or communication by facsimile; and
a reference to a right includes a benefit, remedy, discretion or power.
Part B – Membership Terms
This Part B – Membership Terms (Membership Terms) applies to all Members. By registering as a Member, you accept and agree to be bound by the Membership Terms. Your acceptance and agreement creates a legally binding contract between you and us on these Terms.
If you accept the Membership Terms on behalf of another person, you warrant and represent to us that you have the authority to do so.
You warrant and represent that you are at least 13 years of age (or if applicable law requires that you must be older in order for you to become a Member, you warrant that you are that older age). We may terminate your membership immediately if you are not such minimum age.
When you register and activate your account as a Member, you will provide us with personal information such as your name, address, email address and telephone. You must ensure that this information is accurate and current.
If you are under the age of 13 years, you may not create an account or register as a Member.
If you are 13 or older, but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Membership Terms.
If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
exercise supervision over the Minor’s use of the Site and account;
assume all risks associated with the Minor’s use of the Site and their account, including the transmission of content or information to and from third parties via the internet;
ensure that the content and information that the Minor may encounter on the Site are suitable for the Minor;
assume liabilities resulting from the Minor’s use of the Site and their account;
ensure the accuracy and truthfulness of all information submitted by the Minor; and
provide the consents contained in the Membership Terms on behalf of the Minor.
We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to the Membership Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the Site and your account on this basis.
29. Membership Plans and Benefits
Certain content, features, services and benefits of the Site, or that are provided by us through the Site, (Member Benefits) are only available to Members.
As a Member, you will have the right to access and use the Member Benefits for your personal, non-commercial use only. You must not to share your access privileges with any other person or organisation.
The specific Member Benefits you will be entitled to access are those which correspond with the membership plan (Membership Plan) for which you registered, as displayed on the Site.
We reserve the right to amend the Member Benefits applicable to your or any other Membership Plan from time to time. We will try to give you reasonable notice of any major changes where it is practicable to do so. All changes will be reflected in the Member Benefits description of each Membership Plan on the Site.
30. Fees and Payment
All membership fees for each Membership Plan (Membership Fees) will be displayed on the Site in Australian dollars, [inclusive of GST]. The Membership Fees will be charged for the period of time over which each corresponding Membership Plan operates (e.g. monthly, annually). You may elect to pay annual Membership Fees in equal monthly instalments.
You must pay us the Membership Fees applicable to the Membership Plan for which you registered in order to receive the relevant Member Benefits for that plan.
We may change the Membership Fees for different Membership Plans from time to time. You will be notified of any changes to your Membership Fees before your Membership Plan expires. All changes will be reflected in the description of each Membership Plan on the Site.
31. Plan Roll-Over
When you become a Member, you may elect for your Membership Plan to roll-over and automatically renew for a new term.
If this is the case, payment of your Membership Fees will be made on a recurring/continuing basis. This means that we will debit your nominated credit card or bank account at the time your Membership Plan renews, unless you cancel your plan.
You may cancel your Membership Plan at any time by contacting us using the using the contact details in clause 1 of these Terms. However, if you cancel a monthly Membership Plan, your Membership Fees will not be refunded.
If you cancel an annual Membership Plan which is payable in monthly instalments, you will be required to pay the Membership Fee that would have been payable for the unused balance of your Membership Plan.