Trading terms and
conditions of use
EvtecHs Sports Training for
Rugby Sidestep Central
These terms and conditions regulate the business relationship between you and us.
When you buy from us, you agree to be bound by them.
No person under the age of 18 years may purchase Services.
If you are under 18, please ask an adult for help with your purchase.
||EvtecHs Sports Training
||30, Albert Street, Leichhardt, NSW 2040, Australia
||a visitor to Our Website / our customer
The terms and conditions
In this agreement:
- Consumer means any natural person who, in connection
with this agreement, is acting for purposes which are outside
- Our Website means the entire computing hardware
and software installation that is or supports Our Website.
- Services means any of the membership services we
offer for sale on our Website.
- Content means any material in any form published
on Our Website by us or any third party with our consent.
- Material means Content of any sort posted by you
on Our Website
Our contract with you
These terms and conditions apply:
- So far as the context allows, to you as a visitor
to Our Website; and
- in any event to you as a buyer or prospective
buyer of our Services.
- We shall accept your order by e-mail confirmation.
That is when our contract is made. Our message will
also confirm details of your purchase.
- We may change these terms from time to time.
The terms that apply to you are those posted here
on Our Website on the day you order Services.
- If in future, you buy Services from us under any
arrangement which does not involve your payment via
Our Website, these terms still apply so far as they can
- If we owe you money (for this or any other reason),
we will credit your credit or debit card as soon as
reasonably practicable but in any event no later than
7 days from the date of your order.
Your account with us
- You agree that you have provided, and will continue
to provide accurate, up to date, and complete information
about yourself. We need this information to provide you with
- If you use the website, you are responsible for maintaining
the confidentiality of your account and password and for
preventing any unauthorised person from using your computer.
- You agree to accept responsibility for all activities that
occur under your account or password. You should tell us
immediately if you believe some person has accessed your
account without your authority and also log in to your
account and change your password.
Price, payment and service provision
- You agree to pay the charge for the Services.
- Our Services will be provided in the way we have
explained in our Website.
- You may not share or allow others to use the Services
in your name except in the circumstances where a
parent/guardian/adult is assisting a person under
the age of 18.
- We will do our best to maintain Our Website so that you
have constant use, but there will be times when your
use may be interrupted. Interruption to the Services
for reasonable periods for maintenance or causes beyond
our control is not a ground for repayment of money you
have paid. When we are aware of the likelihood of down
time, we will tell you in advance.
Cancellation of order
- You do not have a right to cancel contracts for services
which commence immediately after confirmation of the order.
- This paragraph does not affect your rights in the event
that you have a genuine and valid complaint about the way
we have provided the Services to you.
Foreign taxes, duties and import restrictions
- If you are not in Australia, we have no knowledge of,
and no responsibility for, the laws in your country.
- You are responsible for purchasing Services which you
are lawfully able to import or use and for the payment
of import duties and taxes of any kind levied in your
Dissatisfaction with the Services
If for any reason you are not completely happy with your purchase,
simply contact us within 90 days and we will refund the entire
- We may make improvements or changes to Our Website,
the Content, or to any of the Services, at any time and
without advance notice.
- You are advised that Content may include technical
inaccuracies or typographical errors. This is almost
inevitable in any large website. We would be grateful
if you bring to our immediate attention, any that you find.
- We give no warranty and make no representation,
express or implied, as to:
- the adequacy or appropriateness of the
Services for your purpose;
- the truth of any Content on Our Website
published by someone other than us;
- any implied warranty or condition as to
merchantability or fitness of the Services
for a purpose other than that for which the
Services are commonly used;
- compatibility of Our Website with your
equipment, software or telecommunications
- Our Website contains links to other Internet websites
outside our power and control. You acknowledge and agree
that we shall not be liable in any way for the Content of
any such linked website, nor for any loss or damage arising
from your use of any such website.
- We are not liable in any circumstances for special,
indirect or consequential loss or any damages whatsoever
resulting from loss of use, loss of data or loss of revenues
or profits, whether in an action of contract, negligence or
otherwise, arising out of or in connection with your use of
Our Website or the purchase of Services.
- In any event, including the event that any term or condition
or obligation on our part is implied into these conditions
by law, then our liability is limited to the maximum extent
permitted by law, to the value of the goods or services you
- The above two sub paragraphs do not apply to a claim
for personal injury.
- See also menu item "Disclaimer" which displays
disclaimer.html on Our Website.
- If you post any Material in Our Website, you warrant that
you own the copyright in it and you accept all risk and
responsibility for it. You grant to us the right to edit,
copy, publish, distribute, translate and otherwise use it
in any medium and for any purpose.
- You agree that if you do post any Material on Our Website,
in doing so, you grant to us a non-exclusive, irrevocable,
royalty-free, right in perpetuity to use that Material in
any way whatever, throughout the World in any medium.
You agree to waive your right to be identified as the
author and your right to object to derogatory treatment
of your Material.
- You agree to perform all further acts necessary to perfect
any of the above rights granted by you to us, including the
execution of deeds and documents, at our request.
- You represent and warrant that:
- you own the rights to all of the Material that you post,;
- any fact stated in your Material is accurate;
- You agree that you will not, and will not allow any other
person to violate or attempt to violate any aspect of the
security of Our Website.
- You may not use any software tool for the purpose of
extracting data from our website.
- You understand that any such violation is unlawful in many
jurisdictions and that any contravention of law may result
in criminal prosecution.
Acceptable use Policy
As a condition of your use of Our Website, you agree to comply with
- You will not use or allow anyone else to use the Web Site
to post or otherwise publish:
- copyright works;
- commercial audio, video or music files;
- any Material which violates the law of any established
- unlicensed software;
- software which assists in or promotes: emulators,
phishing, hacking, password cracking, IP spoofing;
- links to any of the material specified in this paragraph;
- pornographic Material;
- any Material promoting discrimination or animosity to
any person on grounds of gender, race or colour.
- You will not use the Services for spamming. Spamming
includes, but is not limited to:
- The bulk sending of unsolicited messages, or the
sending of unsolicited emails which provoke
complaints from recipients;
- The sending of junk mail;
- The use of distribution lists that include people
who have not given specific permission to be
included in such distribution process;
- Excessive and repeated posting off-topic messages
- Excessive and repeated cross-posting;
- Email harassment of another Internet user, including
but not limited to, transmitting any threatening,
libellous or obscene Material, or Material of any
nature which could be deemed to be offensive;
- The emailing of age inappropriate communications
or content to anyone under the age of 18.
Confidential Information and Intellectual Property Rights
- You agree to keep safe the Confidential Information and
not to disclose or make available for disclosure to any
person, any part of it.
- We will defend the intellectual property rights in
connection with our Product and Our Website, including
copyright in the Content whether provided by us or by any
other content provider (including copyright in: text,
graphics, logos, icons, images, audio clips, digital
downloads, data, and software).
- We also claim copyright in the designs and compilation
of all Content of Our Website. Title, ownership rights,
and shall remain the sole property of us and / or the
other content provider. We will strongly protect those
rights in all countries.
- Except as set out below, you may not copy, modify,
publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or
in any way exploit any of the Content, in whole or in part.
- You may not use our name or logos or trade marks or any
other Content on any website of yours or that of any other
- Subject to the other terms of this agreement, you may
download or copy Content only for your own personal use,
provided that you maintain all copyright and other notices
contained in it. You may not store electronically any
significant portion of any Content.
Your email address
- You represent that any username or email address selected
by you, when used alone or combined with a second or third
level domain name, does not interfere with the rights of
any third party and has not been selected for any unlawful
- You acknowledge and agree that if we believe such selection
does interfere with the rights of any third party or is
being selected for any unlawful purpose, we may immediately
suspend the use of such name or email address, and you will
indemnify us for any claim or demand that arises out of your
- You acknowledge and agree that we shall not be liable to
you in the event that we are ordered or required by a court
or judicial authority, to desist from using or permitting
the use of a particular domain name as part of a name or
You agree to indemnify us against any claim or demand, including
reasonable lawyers fees, made by any third party due to or arising in
any way out of your use of Our Web Site, your posting any Material, or
the infringement by you, or by any other person using your computer, of
any intellectual property or other right of any person.
- When we communicate with you we do so by email. You agree
that email communications are contractually binding in the
same way as properly signed and dated paper sent by post.
- Where we provide goods or services without specific charge
to you, then it (or they) is deemed to be provided free of
charge, and not to be associated with any other goods or
service for which a charge is made. Accordingly, there is
no contractual nor other obligation upon us in respect of
those goods or service.
- Nothing in this agreement or on Our Website shall confer
on any third party any benefit or obligation.
- If any of these terms is at any time held by any
jurisdiction to be void, invalid or unenforceable, then it
shall be treated as changed or reduced, only to the extent
minimally necessary to bring it within the laws of that
jurisdiction and to prevent it from being void and it shall
be binding in that changed or reduced form. Subject to that,
each provision shall be interpreted as severable and shall
not in any way affect any other of these terms.
- No waiver by us, in exercising any right, power or provision
in this agreement shall operate as a waiver of any other
right or of that same right at a future time; nor shall any
delay in exercise of any power or right be interpreted as a
- In the event of a dispute arising out of or in connection
with these terms or any contract between you and us,
then you agree to attempt to settle the dispute by engaging
in good faith with us in a process of mediation before
commencing arbitration or litigation.
- We are not liable for any breach of our obligations
resulting from causes beyond our reasonable control
including strikes of our own employees.
- This Agreement shall be governed by and construed in
accordance with the law of Australia. This agreement shall
not be governed by the United Nations Convention on
Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.