Collection of personal information from you
We collect personal information from users of our website at https://www.hawthorncricketcentre.com.au/home
("Website"), our customers, and other individuals who provide us with information in connection with the Website or our business. We collect this information when it is reasonably necessary for the purposes of our business. We collect personal information about you, including, for example, your contact details (such as email address, name, address and phone number). In particular, we collect personal information:
- when you submit information through our Website, such as when you register a user account, retrieve log-in information, or request a new password;
- when you register for subscriptions to mailouts (including via email), newsletters, updates, or other related information/publications through our Website;
- when you use our Website, in which case our system may automatically collect information relating to your visit to our Websites, such as your IP address;
- when you are involved in providing content for use on the Website or otherwise;
- when you contact us (through our Website, via email or phone) with queries or issues or request that we contact you;
- when you place an order through our Website; or
- when you participate in our promotions or competitions.
If you do not provide us with all requested personal information, you may be unable to participate fully in our Website or obtain all of the benefits from use of our Website or interaction with us.
Using your personal information
- provide you with information, content, products and/or services;
- improve information, content, products and/or services or our Website;
- keep you informed about activities, content, products and services associated with our business;
- respond to your queries, requests and issues;
- facilitate access to and management of our Website;
- process and fulfill an order placed by you;
- conduct promotions and competitions, and to manage Company related events, subscriptions and sponsorship's;
- understand market trends (by reviewing aggregated order information only); and
- operate our business efficiently.
Using your personal information for marketing
We will only contact you in this way if you have consented to receive such messages.
We may use personal information you have provided to us, including your email address, postal address and telephone number, to contact you to provide you with information in relation to content available on our Website, new or updated content, special offers, promotions or competitions or other items or material that you may be interested in.
If you are receiving promotional information from us and do not wish to receive this information any longer, please contact us directly at email@example.com asking to be removed from our mailing lists, or use the unsubscribe facilities included in our marketing communications.
Disclosing your personal information
In order to run our business efficiently, improve and provide content, products and services to you, respond to your queries and/or send you information about future content, products, services and/or activities that you may be interested in, your personal information may be disclosed to service providers (eg. independent contractors and consultants, off-site security storage providers, payment processors, fulfilment agents, website hosts, mail-houses, electronic database managers, event managers).
We will not otherwise use or disclose any personal information about you without your consent, unless:
- the use or disclosure is required or permitted by law;
- we believe it necessary to provide you with content, products and/or services which you have requested or to otherwise implement the terms relating to our content, products and/or services or relevant competition;
- we believe it necessary to protect the rights, property or personal safety of another person or the Company; and/or
- the assets and operations of our business are transferred to a third party.
Links to other websites
Access and accuracy
Upon request, we will provide you with access to personal information that we hold about you, except in the limited circumstances in which it is permitted or required by law for us to withhold this information. To request access to your personal information, please email us at firstname.lastname@example.org
If at any time you wish to change personal information that is inaccurate or out of date, please contact us by emailing us at the email address set out in the paragraph above and we will amend your record to make the necessary corrections.
If you wish to have your personal information deleted, please let us know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal, auditing or internal risk reasons.
We may ask you for proof of your identify in relation to any of the above requests that you make.
Storage and security of your personal information
We will endeavour to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date. Your information is stored on secure servers that are protected in controlled facilities. We require our employees and data processors to respect the confidentiality of any personal information held by the Company.
Please note also that we may use overseas facilities to process or back up information/ use overseas providers to manage or process your personal information. As a result, we may disclose your personal information to overseas facilities for storage/ overseas contractors for such management or processing. However, this does not change any of our commitments to safeguard your privacy.
In respect of all online dealings, however, unfortunately, no data transmission over the internet can be absolutely guaranteed to be secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us through our Websites and you use our Websites at your own risk.
You, the user of this website.
(the Website), including any purchases you may make via the Website, and form a binding agreement between the Company and you in relation to your use of the Website and any purchases you may make from the Website. Please note that additional terms and conditions governing your relationship with us are contained in other Website pages (including the Delivery Policy at https://www.hawthorncricketcentre.com.au/home
and the Returns Policy at https://www.hawthorncricketcentre.com.au/home
which are incorporated into and will form part of this Agreement.
The Company may, from time to time, update or amend this Agreement in its sole discretion. You should therefore carefully read this Agreement each time you use the Website. Any amendments will be posted on the Website and will take effect 7 days after such posting.
1.1 Subject to clause 1.2, we will make the Website available to you on the terms and conditions set out in this Agreement. You must use the Website only in accordance with this Agreement.
2.1 Notwithstanding anything in this Agreement, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, this Agreement must be read subject to those statutory provisions and nothing in this Agreement is intended to alter or restrict the operation of such provisions.
3. Intellectual Property
3.1 You may use the Website, including Content, only in the manner permitted by this Agreement. You must not do anything which breaches or otherwise interferes with the Company's intellectual property rights or any of the Company's other third party licensors.
3.2 Nothing in this Agreement constitutes a transfer of any intellectual property rights. All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights and all other forms of intellectual property rights existing in the world) in the Website, including all Content, are owned by or licensed to the Company.
3.3 You must not distribute, reproduce, publish, alter, modify or create derivative works from any Content without the prior written permission of the Company and you must not exploit any Content for commercial benefit.
3.4 Content means all Company content contained on the Website (including without limitation all software, text, graphics, videos, sounds, scripts, photos, audio-visual material, icons, advertisements, photographs, databases, trade marks and other information and materials).
4. Website Access and Availability
4.1 The Company reserves the right to modify, discontinue or disable the Website or any part of the Website (on a permanent or temporary basis) at any time. The Company will, where reasonably practicable and possible, endeavor to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the Website. However, you accept that it may not always be possible to provide such prior notice.
4.2 If you materially breach the terms of this Agreement, the Company may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the Website on a permanent or temporary basis. If this occurs, you must not access or use the Website during the period of your suspension.
5 . Website Use
5.1 You must not use the website to:
a. upload or send any content that is, or may be reasonably considered likely to be, material that:
i. is false or misleading, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy;
ii. infringes the intellectual property rights of another party;
iii. is not owned by you;
iv. might encourage any criminal activity;
v. contravenes any applicable laws, regulations, codes or standards;
vi. disturbs or damages the Website or its Content;
vii. damages the Company or our reputation;
viii. otherwise breaches this Agreement; or
ix. otherwise breaches this Agreement; or
b. transmit any advertising, promotional materials or similar materials without the express written consent of the Company.
5.2 You must not violate the security of, or otherwise hack into, the Website, the Company's computer systems.
Hack means any unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website
5.3 Without limiting clauses 5.1 and 5.2 above, you must comply with all applicable laws, regulations, codes or standards when using the Website.
6. Order process and fulfillment
6.1 Any order you submit via our Website is subject to our acceptance of your order and the availability of items. Until you complete a purchase, any items in your shopping bag are not reserved and may be purchased by other customers.
7.1 You must pay for items at the time you place your order. You may pay using the agreed purchase methods which are set out on the payment page. In addition to the price of the items, you must pay the specified delivery charges and all taxes which the Company is required to collect from you. All prices are inclusive of GST.
7.2 The Company will deduct all amounts owing at the time of processing your order. If we are unable to deduct from your credit card the total amount owing to us in one transaction, we may process any number of transactions on your credit card until the total amount owed to us is paid.
8. Changes to Items
8.1 We may withdraw and/or re-offer any item listed for sale on the Website if the item:
a. becomes unavailable;
b. is withdrawn by the manufacturer or supplier; or
c. was incorrectly described or listed.
9. Pricing & Currency
9.1 Unless otherwise shown, all the prices listed on Website are displayed in Australian Dollars (AUD). If a product inadvertently appears on the Website at the wrong price, the Company may decline or cancel any orders placed at the wrong price, even if the order has been confirmed and a credit card charged. If your credit card was charged for the purchase and the order is cancelled, the Company will notify you and issue a credit to your credit card account in the amount of the cancelled order.
12.1 To the fullest extent permitted by law but subject always to clauses 1.2 and 12.2:
a. the Website and all Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement and without warranty or guarantee of any kind and the Company excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in this Agreement;
b. the Company does not guarantee continuous, uninterrupted or secure access to the Website or that its servers are free of computer viruses, bugs or other harmful components or that defects will be corrected. As a result, you may at times experience disruption or other difficulties in using the Website;
c. the Company excludes all liability for any damages or loss of any kind (including without limitation direct, indirect, consequential, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue, profit or loss or corruption of data) arising in connection with your access to, or use of, or inability to use or access the Website or otherwise in connection with:
i. your use of, or reliance on, the Website (or in any of the Content) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence) statute or otherwise);
ii. any disruption or other difficulties in accessing or using the Website; or
iii. the accuracy, timeliness, quality, utility or completeness of the information contained on the Website (or in any of the Content).
12.2. If the statutory provisions outlined in clause 1.2 apply, notwithstanding any other provision of this Agreement, to the extent that the Company is entitled to do so, the Company limits its liability in respect of any claim under those provisions to (at its option):
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
12.3 You agree to fully compensate and hold harmless the Company and its officers, employees agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses) and penalties suffered or incurred by any of them arising out of:
a. your material breach of this Agreement (noting that for the purposes of this clause, any breach of clause 3 or 5 will be deemed material); or
b. any act of fraud by or on behalf of you.
14.1 We may provide you with notices in connection with this Agreement by posting such notices on the Website, or where we consider it appropriate, by email or mail if you have provided contact details for that purpose
14.2 his Agreement and any other documents referred to in this Agreement is the entire agreement of the parties about the subject matter of this Agreement and supersedes all other representations, arrangements, understandings or agreements and all other communications.
14.3 If a provision of this Agreement is invalid or unenforceable in a jurisdiction:
a. it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and
b. that fact does not affect the validity or enforce-ability of that provision in another jurisdiction or the remaining provisions.
14.4 This Agreement is governed by the laws of [Victoria, Australia], and the parties submit to the non-exclusive jurisdiction of the courts of [Victoria] and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.