Privacy & Terms and Conditions

Sports Mind Skills™- Terms and Conditions

This is a legally binding Agreement between you and M. J. Blackburn and Market Worthy Pty Ltd (ACN 098 099 131) jointly trading as Sports Mind Skills ("Sports Mind Skills™").

This Agreement constitutes the entire Agreement between you and Sports Mind Skills

Acceptance of Terms of and Conditions

Please read this Agreement carefully prior to purchase. By accessing the Site, you are consenting to become a party to this Agreement and agreeing to be bound by the terms and conditions as outlined in this Agreement.

Sports Mind Skills reserves the right to change these terms and conditions from time to time at its sole discretion, without prior notice, by posting such revised terms and conditions on the Site.

It is your obligation to routinely review these terms and conditions. Your continued use of the Site following any such change (whether or not you have reviewed such change) constitutes your acceptance to follow and be bound by the revised terms and conditions.

Service

You are able to access products via the Site which can be downloaded in digital form ("Digital Files"), subject to the terms of this Agreement.

You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Digital Files.

User Eligibility

If you are under 18, you should ask your parent or guardian to review this Agreement, to ensure you both understand the terms and conditions.

Your Account

Access to your Sports Mind Skills account (using your e-mail address and password) must be by you only. You must keep your password secret and not permit any other person to access your account.

You are responsible for all activities that occur through your account, whether authorised by you or not, and you agree to immediately notify Sports Mind Skills of any unauthorised use of your account.

Technological and use limitations

The speed at which a Digital File can be downloaded depends on the bandwidth of your internet connection and the equipment used to download the Digital File.

Sports Mind Skills reserves the right to change the software required to download and use the Digital Files, at any time.

Sports Mind Skills will make reasonable efforts to keep the Site operational. However, certain technical difficulties or routine site maintenance/upgrades may, from time to time, result in temporary interruptions to the Site.

Sports Mind Skills also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Site with or without notice.

You agree that Sports Mind Skills shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Site.

Terms of Licence

On payment of the purchase price for a Digital File, Sports Mind Skills grants you a non-transferable, non-exclusive license to reproduce that Digital File by downloading it onto:
(a) a personal computer (from which it may be burnt onto a CD); or
(b) a personal storage device e.g., MP3 player or Ipod that stores digital audio/visual files and plays them back in analogue form,
for your personal, non-commercial use.

Restrictions

You must not:
(a) communicate or distribute the Digital Files to a third party;
(b) modify or adapt the Digital Files;
(c) use the Digital Files in conjunction with any other third party content (e.g. to provide audio for a film);
(d) reverse engineer, decompile or disassemble the Digital Files;
(e) attempt, or assist any other person, to circumvent, modify or disable any security technology or software that is used to administer the Site, including any Digital File copy protection; or
(f) reproduce the Digital Files other than as permitted under this Agreement, including for any commercial purpose.

Payment Terms

All payments must be made through SecurePay. You are responsible for paying any unauthorised amounts billed to your account by a third party.

All prices on the Site are GST inclusive. You must pay all fees and charges incurred in connection with your purchases (including any GST or other applicable taxes), and bank fees for any charges relating to your purchase like but not limited to currency exchange fees and international transaction and fees.

All transactions are charged and settled in Australian Dollars ($AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card. Your credit card will be charged in Australian dollars ($AUD) when you complete the transaction. Many banks also charge a currency conversion fee when you make a payment in a foreign currency. Please contact your bank or credit card provider for details.

Refunds and returns

All sales of Digital Files are final. Sports Mind Skills will only accept returns or refund the purchase price where a Digital File is found to be faulty, or does not perform its intended task and function.

To return an item in these circumstances, please contact info@sportsmindskills.com.

Termination

You agree that Sports Mind Skills, in its sole discretion, may terminate your id, password, account (or any part thereof) or use of the service for any reason, including, without limitation, if Sports Mind Skills believes that you have violated or acted inconsistently with the Agreement. Sports Mind Skills may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Sports Mind Skills may immediately deactivate or delete your account and/or bar any further access to the Site. Termination shall not relieve you of any obligations to pay any accrued charges.

Disclaimer

Information is provided on the Site by Sports Minds Skills in good faith. The information is believed to be accurate and current at the date the information was placed on this Site.

You expressly agree that use of the Site is at your sole risk. The Site is provided on an "as is" and an "as available" basis. None of Sports Mind Skills, its related bodies corporate, any of their directors, officers or employees makes any representation or warranty as to the reliability, accuracy or completeness of the information contained on this Site (including in relation to any products) except for representations and warranties that are implied into these Terms and Conditions by law.

Sports Mind Skills makes no warranty that the Site or any products advertised on the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure or error free.

No advice or information, whether oral or written, obtained by you from or through this Site creates any warranty not expressly made in these Terms and Conditions.

Should the Site and/or the products prove defective and/or cause any damage to your computer or inconvenience to you, you, and not company, assume the entire cost and all damages which may result directly and indirectly from any and all such defects. This disclaimer constitutes an essential part of the Agreement.

Information on this Site relating to products and services has been prepared in accordance with Australian law for the supply of goods and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this Site, it is not directed at you and cannot be relied upon by you and you are unable to order any goods from this Site. If you do, you agree to indemnify Sports Mind Skills for any losses; costs, expenses or damages Sports Mind Skills may suffer as a consequence.

Limitation of liability

Subject to any applicable law to the contrary which cannot be excluded, any liability incurred in relation to the site is limited to the re-supply of the site, or the reasonable cost of having the products resupplied. Under no circumstances will Sports Mind Skills be liable for any incidental, special or consequential damages, including damages for loss of business, anticipated savings or profits arising out of or in relation to the use of the site or products.

Links to other Sites

The content may contain links to other sites. Sports Mind Skills does not necessarily sponsor, endorse, or approve of any material on such sites. Sports Mind Skills makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other web sites to which this web site is linked. Sports Mind Skills makes no warranties or representations that material on other web sites to which the content is linked does not infringe the intellectual property rights of any person anywhere in the world.

Miscellaneous

The failure of either party to exercise in any respect any right provided for in this Agreement will not be deemed a waiver of any further rights in this Agreement. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

Sports Mind Skills property

Unless otherwise indicated, copyright in the information on the Sports Mind Skills Site is owned by Sports Mind Skills.

This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose without express permission of Sports Mind Skills.

Governing Law

This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them.

Sports Mind Skills Privacy Policy

Sports Mind Skills is committed to protecting your personal information. The following statement details how your personal information is treated by Sports Mind Skills as you access and interact with the Sports Mind Skill's web site or in circumstances where your personal information is provided by you outside of this web site. We are making you aware of this information so that you may make a fully informed choice whether to provide your personal information to Sports Mind Skills. We also wish to provide you with the opportunity to inform us how you would like your personal information to be treated by us.

Sports Mind Skills fully supports the National Privacy Principles as stated in Schedule 3 of the Privacy Act 1988. Changes may occur to our Privacy Statement at times so we encourage you to check this site regularly.

Data Collection

The information that we collect about you will depend on how you use and interact with the facilities offered by our web site. Some of the types of information collected by us are your name, surname, address, email address and contact numbers. Depending on the products you seek from the Sports Mind Skills, it may also be necessary for you to provide us with credit card details or other information necessary to fulfill your purchase requirements. These types of information are essential to us accurately identifying who is using a particular service. As such, if you are unable to provide this information, we may not be able to provide certain services to you.

Other information we request may be optional, but when provided, assists us in tailoring our products to the changing needs of our members and customers.

Sports Mind Skills may use your personal information for the purpose of direct marketing activities. Where it is impractical for us to obtain your consent, we will provide you with an opportunity to decline any further promotional material.

Cookies

Sports Mind Skills makes use of cookies to enhance your visit to our site. A cookie is a file which is located on your hard drive as part of your web browser. The cookie allows us to identify your computer on your visit to our web site. Cookies do not contain personally identifiable information about you unless you are a registered member of our web site. Generally, their use is for the tracking of purchases or the recognition of your user name and password so you do not have to enter your details on each visit.

Disclosure

Personal information supplied by you is stored in the Sports Mind Skills database. Sports Mind Skills will not sell or otherwise disclose your personal information to any unrelated third party without your prior consent. Sports Mind Skills may use your information for the purposes of direct marketing or other promotional activities. Where it is impractical for us to obtain your consent to receiving marketing materials, we will provide you with the opportunity to decline any further marketing material at the time that we collect your personal information from you, via an "opt-out" option.

Security

Sports Mind Skills will take all reasonable steps to ensure that the information we collect from you is accurate and stored in a secure environment.

For online credit card transactions we use secure pay. Despite this we do not warrant or guarantee the security of any transaction conducted over the internet. When participating in credit card transactions, please ensure you are on a secure server. This can be verified by the appearance of a small padlock shown in the bottom status bar of your browser. This lock will only appear when credit card information is required.

Access

You have the right to access your personal information held by Sports Mind Skills. If at anytime you wish to review or update your personal information you are able to do this by contacting Sports Mind Skills at info@sportsmindskills.com

Consent

By contributing your personal information to this web site or by otherwise providing your personal information to Sports Mind Skills, you consent to our collecting, using, disclosing and retaining that personal information as set out in this statement or otherwise permitted under the National Privacy Principles, until such time as you request us to stop using or disclosing that information.