- (a) These are the Terms and Conditions of sale of Western United FC.
- (b) These Terms and Conditions will apply to all orders made online through the Western United FC website .
- (c) By placing an Order, you agree to be unconditionally bound by these Terms and Conditions and acknowledge that you have read and understood these Terms and Conditions.
2. Your Account
- (a) If you use the website to buy goods from Western United FC, you agree to:
- (i) maintain the confidentiality of your user name and password;
- (ii) keep your user name and password safe;
- (iii) prevent unauthorised access to your account.
- (b) You must inform Western United FC immediately if you have reason to believe that your user name or password is being, or is likely to be, used in an unauthorised manner.
- (c) You agree to release and indemnify Western United FC in connection with any use (whether authorised or unauthorised) of your user name or password.
- (d) Western United FC will take reasonable care in ensuring its website is free from viruses or other dangerous content, however, it cannot guarantee that use of the website will not cause damage to your computer or other devices. It is your responsibility to have appropriate equipment and anti-virus software to use the website safely.
- (e) Western United FC reserves the right to terminate your access to the online store through the website if Western United FC reasonably believes that you have breached these Terms and Conditions.
- (a) All Orders are subject to confirmation and acceptance by Western United FC.
- (b) When Western United FC accepts an order, it represents an agreement by Western United FC to supply the goods in accordance with the Order and these Terms and Conditions.
- (c) Western United FC reserves the right to terminate your account or accept or reject an Order at its discretion.
- (d) If Western United FC rejects an Order pursuant to clause 3(c) above, it will do so without charge to you and it will refund any money paid regarding the Order.
- (e) In placing an Order, you agree that you have not engaged in any fraudulent conduct or contravened any law.
4. Price and payment
- (a) Prices are displayed in Australian dollars (inclusive of GST) and you must pay for the goods in Australian dollars.
- (b) Prices displayed are subject to change by Western United FC without notice. Prices for an Order are fixed once the Order has been confirmed and accepted.
- (c) In respect of any Order, Western United FC will charge you, and you agree to pay:
- (i) the price displayed (Price); and
- (ii) if applicable, any delivery or handling fee displayed at the time of purchase (Delivery Fee).
- (d) All purchases must be by way of credit card acceptable to Western United FC. You must provide your nominated credit card details during the purchase process described on the Website. Western United FC is unable to accept cash on delivery.
- (e) Once the goods ordered are received by Western United FC from suppliers and are ready for despatch to you, Western United FC will process payment for the goods (plus any Delivery Fees) using your nominated credit card.
- (f) All reasonable steps are taken to ensure that the Order and credit card details provided by you to Western United FC are safe and secure.
- (g) All personal and credit card information provided by you to Western United FC is encoded using industry standard technology for security and authentication. While Western United FC takes all reasonable precautions, the security of the transaction cannot be guaranteed.
- (h) You authorise Western United FC to debit the Price plus the Delivery Fees from your nominated credit card.
- (i) Western United FC will not despatch the goods until payment is cleared. If the payment cannot be processed, the Order will be rejected in accordance with these Terms and Conditions and you will be notified.
5. Delivery, Title and Risk
- (a) Subject to availability, Western United FC will endeavour to deliver the goods ordered to your nominated delivery address. However, Western United FC will not be liable to you or anyone else for any losses suffered or incurred due to delay.
- (b) You acknowledge that some of the goods may not be available for delivery to certain locations outside Australia. Western United FC retains the right to determine what it can and cannot deliver to any particular location.
- (c) Property and risk in the goods transfers to you upon delivery of the goods to the nominated delivery address.
- (d) If the goods appear to have been damaged or lost during delivery, please contact email@example.com as soon as possible. Orders will be deemed as successfully delivered once the order has been signed for or the tracking of the orders confirms it has been delivered (as applicable).
- (e) You acknowledge that orders may be subject to quantity restrictions. Where the goods are unavailable, Western United FC will notify you.
- (f) You agree that if you provide inaccurate or incomplete personal detail when making an Order, Western United FC:
- (i) will not be liable to you for any loss resulting from delay or failure to process or deliver goods to you (or a nominated recipient); and
- (ii) is under no obligation to resend the Order, and you may be liable to pay a further Delivery Fee.
- (g) The person who receives the goods at the nominated delivery address will be presumed by Western United FC to be authorised to receive them.
- (h) If there is no-one at the delivery address, Western United FC may charge you additional Delivery Fees.
6. Information and Images of Goods
- (a) Western United FC will endeavour to provide accurate descriptions and images of goods sold on the Website.
- (b) Notwithstanding the above, you acknowledge that the images of the goods may, at times, differ from the actual goods.
- (c) Western United FC recommends that you read the labels on the goods carefully before using the goods.
- 7. Limitation of Liability
- (a) To the extent permitted by law: (a) the goods are provided 'as is' and Western United FC makes no representation as to the goods' merchantability or fitness for purpose; and (b) Western United FC excludes all conditions or warranties which would otherwise be implied into these Terms and Conditions whether by law, statute or otherwise.
- (b) To the extent permitted by law and notwithstanding anything else in these Terms and Conditions, Western United FC's total aggregate liability to you under or in relation to the Terms and Conditions on any other grounds whatsoever whether in contract, tort, (including negligence) or under statute, common law or in equity or otherwise will not exceed an amount equal to the total amount paid by you under the Terms and Conditions to Western United FC.
- (c) To the extent permitted by law, Western United FC's liability for a breach of any and all terms implied into these Terms and Conditions or otherwise conferred on you by statute or law including, but not limited to, the Competition and Consumer Act 2010 (Cth), is excluded, but to the extent that such liability cannot be excluded, is limited to one or more of the following, as determined by Western United FC: the replacement or repair of the goods, supply of equivalent goods or the payment of the cost of replacing or repairing the goods or supplying equivalent goods.
- (d) Western United FC is not liable for any loss resulting from the interception or 'hacking' of data through the website by unauthorised third parties.
- (e) Western United FC is not liable for any direct or consequential loss. Nothing in these Terms and Conditions is intended to limit or exclude any liability on Western United FC's part where or to the extent that applicable law prohibits such exclusion or limitation.
- (f) You must only use the goods for the purposes for which they are intended and in accordance with any instructions provided.
- (b) Western United FC may use or disclose your personal information for the purposes of:
- (i) providing goods and administering sales;
- (ii) providing you with information or promotional material; or
- (c) Western United FC may share your personal information with third parties such as other commercial operators or providers of goods/services, companies engaged by Western United FC to carry out functions and activities on its behalf including direct marketing, Western United FC's professional advisers, and Western United FC's insurers. Outside of the above, information is not generally disclosed to anyone outside Australia unless noted.
- (e) If you do not wish to receive promotional material from Western United FC's sponsors or other third parties you must advise Western United FC in writing or via the opt-out procedures in the relevant communication.
- (g) You have certain rights to access your personal information held by Western United FC.
- (a) Western United FC may change these Terms and Conditions from time to time without prior warning.
- (b) The Terms and Conditions which appear on the Website at the time you place an Order are those that apply to the Order.
- (c) It is your responsibility to read and understand the Terms and Conditions that are in place each time they place an Order through the Website.
10. Events beyond Western United FC's control
- (a) Western United FC will not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control.
11. Governing Law and Terms
- (a) These Terms and Conditions are governed by the laws of Victoria and the courts of Victoria and shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
- (b) Aside from terms and conditions provided on the SportsSubs website as part of its provision of services to Western United FC, these Terms and Conditions contain all the provisions of the agreement between you and Western United FC in relation to the purchase of goods from this Website.