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Conditions of Use

Terms and Conditions

Disclaimer and legal notices – please read

Access to and use of this website (located at the URL www.myreplay.com.au) is provided by Sports Film Pty Ltd (“Sportsfilm”, also “we”, “us” and “our”) on the following conditions and any other directions or rules of use on this website (“Terms”).

If you access this website (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the website after any changes are posted, you agree to all of those changes.

The Terms may also govern goods and services advertised by any company or business affiliated with Sportsfilm (an “Affiliate”). If these Terms govern goods and services advertised by an Affiliate, then the identity of that Affiliate will be apparent from the pages of the website upon which those goods and services are advertised.

Placing orders through the Web Site

You must be at least 18 years old to place any orders with Sportsfilm. By using this web site you acknowledge that you are at least 18 years old.

By purchasing any goods through the web site, you make an offer to us to purchase the goods you have selected based on these Terms. Information contained on our web site constitutes an invitation to treat. No information on our web site constitutes an offer by us to sell any goods. Sportsfilm reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered. If we are unable to process or accept your order after payment is received we will contact you by email or telephone.

Please note each product can only have one discount applied. Therefore if you are purchasing a discounted product, then you will not be able to apply a further discount to that product. But it will work for the other products in your cart.

Customs, Duties and Taxes

In relation to products located outside Australia, you are responsible for ensuring that the goods the subject of your order can be lawfully imported to the destination country (ie New Zealand). You are the importer of record and must comply with all laws and regulations of the destination country. For New Zealand customers, your orders may be subject to import costs such as customs duties and GST. You are responsible for the payment of any such costs (which may be in addition to the stated purchase price for such goods on our web site).

Unless otherwise specified, all prices quoted and sales transactions are in Australian Dollars. GST is included in sales to Australian customers but not to New Zealand customers.

Disclaimers, liability limitation and indemnity

General disclaimers

Use of this website is at your risk. To the maximum extent permitted by law, none of Sportsfilm, its Affiliates or any of their respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or will be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this website, its use, its content or any products or services (including our products or services) referred to on this website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) your reliance on the completeness, accuracy, suitability or currency of the website or its content;

(b) failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(c) accessing any websites or servers maintained by other organisations through links on this website. Links are provided for the convenience of our website users only and without responsibility for the content or operation of those websites. Unless otherwise stated, linked websites and their products and services are not endorsed by us and you link to any such website at your own risk; and

(d) defamatory, threatening, offensive or unlawful conduct of third parties.

No advice given

If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this website.

Exclusion of implied warranties

To the maximum extent permitted by law, we exclude all conditions and warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this website (including warranties of satisfactory quality, merchantability and fitness for purpose).

Limitation of our liability (if any) to you.

To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

(a) in the case of information or services supplied or offered by us — the re-supply of the information or services or payment of the cost of doing this; or

(b) in the case of goods supplied or offered by us — repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

Statutory Conditions and Warranties

Statutory conditions and warranties apply. Nothing in these Terms excludes the application of those statutory conditions and warranties. For more information about your rights as a consumer, see the ACCC website at www.accc.gov.au.

Indemnity

You indemnify us, our Affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us as a direct or indirect consequence of you (or, where applicable, any other person using your username and password) using this website.

Rights we cannot exclude, limit or disclaim

The disclaimers, liability limitations and indemnities herein do not exclude any of your rights which by law may not be excluded; nor do they limit any of your rights which by law may not be so limited.

Copyright and intellectual property notices

International copyright protection

The material on this website is protected by copyright under the laws of Australia and, through international treaties, other countries.

Trade Marks Notice

No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission. Other product names and images on this website may be trade marks or registered trade marks of ours, our Affiliates or third parties (including advertisers, sponsors, and stakeholders). The use or misuse of these trade marks, except as expressly authorised, is prohibited.

Ownership of copyright

Unless otherwise indicated, Sportsfilm owns the copyright in the content on this website, including the copyright works, text, software, images, graphics, advertisements, databases, sound recordings, streaming audio, cinematograph films (videos), animation, e-cards, downloads and streaming video) (collectively referred to as “content” in these Terms). Some of the copyright in the content on this website may be owned by someone else and is included on our website under licence or other agreements.

Using content subject to copyright on this website

You must not modify, make available, adapt, copy, reproduce, decompile, communicate, transmit, broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute the content in any way except as expressly permitted by us in writing.

Provided that you keep all content intact and in the same form as made available by Sportsfilm on this website, you may (via your browser) temporarily download and view the content for your personal, non-commercial use but only in the course of browsing this website. Otherwise no part of the content on this website may be reproduced in any material form without our prior written consent. Sportsfilm reserves all of its rights not expressly granted in these Terms.

We have been careful to only compile the content from sources we believe and understand to be reliable. However, we do not warrant, guarantee, or accept, any responsibility for the accuracy or completeness of any content.

If we specifically allow you to use any content, you may:

(a) use that content only in accordance with our directions from time to time; and

(b) only in relation to content or material specifically approved by us in writing, without any alteration and incorporating notices indicating our ownership of the typographical arrangements of the text incorporated in that copyright material and the ownership of any other person that we advise you is the author in the copyrighted material.

If you think your copyright has been infringed

We take issues of copyright and intellectual property very seriously. If you believe that any part of this website in any way infringes your copyright or other intellectual property rights, please contact us via our website at www.sportsfilm.com.au.

Creating links to this website

You must not link to this Sportsfilm website without firstly obtaining our consent in writing.

If we consent to you creating links to this website, any links from your web pages to these web pages must be subject to you displaying our URL and our name, Sportsfilm, clearly and prominently, without in any way damaging our reputation or the goods or services we provide, or suggesting any association between us and other persons (including you), organisations, goods or services, unless we first approve of that association in writing.

Our links to other websites

This website may contain links or references to Internet websites operated by other record labels, artists, film companies, sponsors, etc. (“Other Sites”). We have provided these links only as a courtesy – this should not be interpreted in any way as an endorsement of those Other Sites. Other Sites are not under our control and so Sportsfilm is not responsible for the content of any Other Site. We make no representations or warranties and accept no responsibility for the accuracy, completeness, content or use of the information you may access at Other Sites.

We can use your feedback

When you send us any feedback or suggestions about this website or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

User conduct

Lawful and authorised use only

You must use this website only for lawful purposes and for the purposes explicitly outlined and authorised in this website (including in these Terms).

If any part of this website requires you to provide a username and password in order to access or otherwise use any part of this website, you must keep that username and password confidential and not provide them to anyone other than us. You are authorised to:

(a) download and view content; and

(b) use the software included in this website in doing this,

for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You must not, without our prior written permission, exploit any of our website materials for commercial purposes.

Except as stated in these Terms, you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to make available, modify, copy, adapt, decompile, communicate, transmit, broadcast, reproduce, republish, store (in any medium), broadcast, show or play in public, commercialise, frame, upload or otherwise distribute or change in any way the content, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this website which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

General prohibitions

You must not:

(a) use this website, or any tools offered through this website in a manner; or

(b) up-load, post, transmit, or otherwise make available through this website any material, which:

(i) violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);

(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;

(iii) encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;

(iv) restricts or inhibits any other user from using or enjoying this website;

(v) affects the functionality or operation of this website or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or

(vi) breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials that the requesting or directing authority claims violates any applicable law.

Disclaimer about others’ materials

You acknowledge that any third party materials appearing on this website are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

Applicable Law

New South Wales, Australia law applies

This website (excluding any linked, third party websites) is controlled by us from Australia at Level 2 16-18 Carlotta Street, Artarmon New South Wales. Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

Access to this website from outside of Australia

You must ensure that access to and use of this website is in accordance with the laws of your jurisdiction.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this website is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

No offers where illegality arises

Nothing on this website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.