These terms and conditions of use, together with any site or other policies (Terms & Conditions) govern your use of onsport.com.au services (the Site).
In addition to these Terms & Conditions, you should also refer to the terms and conditions of each Experience Provider (Experience Provider) and Wholesale Partner (Wholesale Partner), which may be included in or attached to, product descriptions within product detail pages on the Site. These terms govern your purchases of sporting Products (Products) and Services (Experiences) and participation in Experiences.
onsport.com.au does not take responsibility for other websites, including websites that may be linked to this Site from time to time, or any device used to access or view our site.
onsport.com.au will not be liable for any loss incurred from relying on this Site, including data corruption on download.
1. About onsport.com.au
onsport.com.au is operated by Onsport Pty Limited, ACN 146 138 945, Level 2, 57 Grosvenor St, Neutral Bay NSW 2089 (onsport.com.au).
onsport.com.au allows users to purchase Products from Wholesale Partners and purchase services, in the form of Experiences, from Experience Providers who have a commercial relationship with onsport.com.au.
onsport.com.au transmits orders from users to the Experience Providers and in some cases, to Wholesale Partners, from whom users are purchasing Experiences and/or Products, respectively. In the case of Experiences, the resulting legal contract is between you and the Experience Provider from whom you are purchasing Experiences and is subject to, in addition to these Terms & Conditions, the terms and conditions of each Experience Provider.
Subject to law, and other than in relation to any liability which under law cannot be excluded, onsport.com.au is not liable for any costs, damages or other loss incurred as a result of or in connection with the purchase of Services from an Experience Partner. onsport.com.au is not liable for any costs, damages or other loss incurred as result of your use of the Site.
Before making a purchase from an Experience Provider through the Site, you should carefully review the Experience Partner’s terms and conditions included in the Experience description within the Experience detail pages on the Site, as Experience Providers’ individual terms and conditions may vary. onsport.com.au does not review or control, and is not responsible in any way for Experience descriptions and detailed information communicated to you, including information supplied to you after submitting your order, whether sent by the Experience Partners or onsport.com.au.
Experiences are sold by onsport.com.au as an agent for Experience Providers that provide services to you. onsport.com.au is not a provider of such services or Experiences and has no responsibility for any services or Experiences provided by the Experience Providers or any other party. An Experience Provider provides Experiences directly to you. onsport.com.au makes no warranty or representation regarding the standard of any Experience to be provided. onsport.com.au does not control the business operations of any Experience Provider. onsport.com.au makes no guarantees or warranties about the Experiences that are provided to you by the Experience Provider.
2. Acceptance of terms
Your access to and use of the Site, including your use of the materials and information accessible on or from the Site and the ordering of products from the Site, is governed by these Terms & Conditions.
Your use of the Site is conditional upon your acceptance and compliance with these Terms & Conditions. You should read the Terms & Conditions carefully. By using the Site, you agree to be bound by, and comply with, these Terms & Conditions. You must not access, browse or otherwise use the Site unless you agree to be bound by the Terms & Conditions.
onsport.com.au reserves the right to amend or vary the Site and these Terms & Conditions at any time and from time to time without notice to you. Your continued use of the Site after any amendment or variation to the Terms & Conditions constitutes an agreement by you to abide by and be bound by the Terms & Conditions as so amended. If you breach these Terms & Conditions, your right to use the Site will cease immediately and we may refuse you access to the Site at our complete discretion.
3. Accessing the Site
Access to the Site is not provided on a continuous, uninterrupted or permanent basis. Products offered by onsport.com.au and Experiences offered by Experience Providers on the Site may vary from time to time. Not all sections of the Site may be able to be accessed by all users of the Site. onsport.com.au reserves the right to withdraw or amend the service onsport.com.au provides on the Site without notice. onsport.com.au will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, onsport.com.au may restrict access to some parts of the Site, or the entire Site, to users who have registered an account with us. When you register, you are required to provide onsport.com.au with information about yourself that is true, accurate, current and complete in all respects. onsport.com.au may change registration requirements from time to time at its complete discretion.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of onsport.com.au’s security procedures, you must treat such information as confidential, and you must not disclose it to any third party. onsport.com.au has the right to disable any user identification code or password, whether chosen by you or provided to you by onsport.com.au, at any time, if in onsport.com.au’s opinion you have failed to comply with any of the provisions of these Terms & Conditions.
4. Contract between you and onsport.com.au or Experience Partners
Each order you submit is deemed an offer by you to purchase the Products and/or Experiences specified within the order, subject to these Terms & Conditions, Experience Partner terms and conditions and any additional Terms & Conditions notified to you by a Wholesale Partner or Experience Provider.
In the case of Products, onsport.com.au, or a Wholesale Partner, will pick, pack and ship Products ordered to you. In the case of Experiences, onsport.com.au will transmit each Experience order, including your contact details, to the relevant Experience Provider who will then arrange with you the fulfilment of the Experience.
You will receive notification from onsport.com.au as to the next steps you need to take to participate in the Experience and the contact details of the Experience Provider. Please be aware that your order is not complete, and no contract with onsport.com.au or an Experience Provider, is formed until you receive an email indicating confirmation of shipment of the order or confirmation that the Experience will be proceeding on a particular date and at a particular time - these emails will specify the Products and/or Experiences to which the order applies. An email is deemed to be received by you 24 hours after it is sent by onsport.com.au or an Experience Provider, unless that email is reported as undeliverable to onsport.com.au or the Experience Provider.
The following should be noted:
(a) onsport.com.au does not share your credit card or other financial information with Wholesale Partners or Experience Providers. onsport.com.au does however provide Wholesale Partners and Experience Providers with information to assist in the fulfilment of orders and customer service. This information may include your name, address, telephone number and email address.
(b) From time to time Wholesale Partners or Experience Providers will manage and support your order, including, where relevant, shipping and handling, fulfilment of the Experience, customer service and other activities.
(c) onsport.com.au, Wholesale Partners or Experience Providers reserve the right to accept or reject your offer to purchase Products and/or Experiences for any reason, including, without limitation, the unavailability of any Good or Experience, an error in the price or the description of the Good or Experience published on the Site, or an error in your order.
5. Experiences
5.1. onsport.com.au's liability
onsport.com.au has no liability for any act, omission or default, whether negligent or otherwise of any Wholesale Partner or Experience Provider or any other third party. onsport.com.au has no liability for any loss or damage occasioned by any negligent act or omission of any Experience Provider or other third party. Where onsport.com.au's liability cannot be excluded, such liability is limited to the value of the Products or Experiences purchased.
5.2. Availability of Experiences
All Experiences are offered by Experience Providers subject to availability. Bookings for Experiences are not finalised until you have received a confirmation email from onsport.com.au or the Experience Provider confirming the Experience is booked. Please be advised that some Experiences display availability dates on the website. These dates are guidelines only and are subject to change. We suggest that if you plan to purchase an Experience for a date listed at short notice, you contact onsport.com.au to ensure there is still availability before completing the transaction.
5.3. Contact Details Given to Experience Providers
It is your responsibility to ensure you enter your email address and other contact details correctly when you complete the account registration and Experience booking processes on onsport.com.au. Failure to do so may result in loss or incorrect delivery of the email confirmation of your Experience. As the Experience provider will be expecting your attendance on the date the Experience commences, you may end up forfeiting your Experience (subject to the Experience provider's terms and conditions) if you are unable to show your confirmation email before the Experience commences.
5.4. Booking Cancellations
Once your booking has been made, if you cancel it, you may incur a cancellation fee from onsport.com.au. Please refer to the specific Cancellation Policy details published in the product detail and descriptions pages for each Experience. In the case of short notice cancellations by you, you may not be entitled to a refund of any of the purchase amount if onsport.com.au or the Experience Provider is unable to successfully sell the ticket to the Experience that you have cancelled prior to the commencement of the Experience. If an Experience Provider needs to cancel an Experience for any reason, you will be notified as soon as possible in order to notify you of the cancellation and to reschedule a convenient alternative date or to refund your purchase of that Experience. onsport.com.au will not reimburse any travel, accommodation or other expenses incurred by you or any other person in the event of a cancellation. If an Experience is cancelled after the Experience has commenced and prior to completion of the Experience, onsport.com.au and the Experience Provider will use its discretion in determining whether to reschedule and deliver the remaining parts of the Experience, to reschedule and rerun the entire Experience, or to refund part or all of the amount paid for the Experience.
5.5. The Weather
Many Experiences are weather dependent. You will have the Experience Provider's details so that you can call to confirm whether adverse weather affects your proposed Experience. We suggest you call on the morning of your Experience if you have any doubt about the weather suitability. If bad weather prevents an Experience from commencing as scheduled, it will be rescheduled at no cost to you.
5.6. Complaints or Issues During Your Experience
If you have a complaint or issue on the day of your Experience, please bring this to the Experience Provider's attention immediately so that issues may be addressed on the spot, where possible. Please contact onsport.com.au on 1300 351 461 if the cause or consequence of the issues or complaint are not addressed within a reasonable period of time after bringing the issue or complaint to the Experience Provider’s attention.
5.7. Insurance
Some of the Experiences that we promote as agent are considered dangerous. Prior to ordering or participating in any Experience you should be aware of and consider the risks involved. onsport.com.au requires our Experience providers to hold appropriate and valid public liability insurance before we publish their Experiences for sale on the Site. onsport.com.au makes no warranty or representation about the risks of Experiences whatsoever. The responsibility rests with you to make independent enquiries with the Experience Provider or other third parties as to the need to acquire your own insurance cover.
5.8. Description of Experiences
Experience Providers provide the information about their Experiences. We try to ensure that the information published on the Site is accurate. However, the content of any Experience may change from time to time. The Experience Provider will provide the details to you about the Experience. The Experience Provider will notify you of any subsequent changes. Your participation in each Experience is conditional upon your acceptance of the Experience Provider's terms and conditions at the time your booking is confirmed by the Experience Provider.
5.9. Images on the Site
The images published on the Site are provided by our Experience Providers and are used as an indication of the Experience only. Your actual experience may vary from the images published on the Site. If a photograph of you is taken during an Experience for the purpose of promoting the Site or the Experience, you provide us with your full consent to use this photograph indefinitely in future promotions and to publish it on the Site. Where you agree to provide a testimonial, you agree to allow us to use this testimonial in promoting the Site or the Experience by publishing it on the Site or in email or other marketing communications to customers of onsport.com.au or the general public.
5.10. Experience Locations
onsport.com.au Experience Providers are located at Australia’s best sporting venues and other locations around Australia and offshore from Australia. Occasionally we may, for any reason, be required to cease offering Experiences at certain venues. From time to time Experience Providers may have conflicts with other unforseen events or media conferences or sponsorship conflicts that take priority over the Experience and the Experience may need to move to another location or be cancelled at short notice. Where locations are described as "Australia-wide" the description is indicative only. Some Experiences may not be available in all areas of Australia.
5.11. Experience times and running times
Experience times and running times are approximate only and are given by Experience Providers as a guide to the total time you will be at their venue or participating in the Experience. Unless otherwise stated, there may be waiting time involved in these Experience running times. Itineraries provided to you, including the order of events are indicative only and may change.
5.12. Attending Experiences – restrictions
Certain Experiences provided by Experience Providers are subject to minimum age, weight, health or other restrictions. These restrictions are outlined on the relevant product detail and description pages and also in the email containing your booking confirmation. Please read this information carefully. It is your responsibility to understand any restrictions prior to purchasing an Experience. If you are later forced to cancel due to restrictions, you may be forced to pay a cancellation fee to onsport.com.au or forfeit part of or the entire amount of the price of the Experience.
6. ON! Exclusives (group deals)
6.1. Placing Orders
6.1.1 onsport.com.au provides its customers with opportunities to purchase Products or Experiences at discounted or special rates (Deals) and on certain terms and conditions provided by our Wholesale Partners or Experience Providers. By making an order to purchase a Deal on the Site, you agree to receive and be charged for the Deal either upon submitting your order for Deals or once onsport.com.au has received a minimum quantity of offers from customers for the Deal to during the specified availability period (Minimum Quota).
6.1.2 For the avoidance of doubt, the promotion and/or publication of Deals on the Site or within any email correspondence that you receive from onsport.com.au does not constitute an offer from onsport.com.au to sell you the Deal, or the Products or Experiences that are the subject of the Deal. The promotion and/or publication of Deals on the Site or within any email correspondence that you receive from onsport.com.au are invitation to treats only.
6.1.3 By placing an order for a Deal on the Site, you are making an offer and commitment to purchase a Deal on the Deal Specific Terms and otherwise on the terms and conditions set out in these Terms & Conditions.
6.1.4 onsport.com.au reserves the right to accept or reject your offer to purchase a Deal for any reason. If onsport.com.au cancels your order to purchase a Deal, including where the Minimum Quota has not been met, onsport.com.au will refund the full purchase price by processing a reversal to your credit card, PayPal account, onsport.com.au Gift Voucher or paying you via Electronic Funds Transfer (EFT) where the transaction was made via Velocity Points, or in the case of an order where payment has not been processed, we will notify you that your order for a Deal has been cancelled. Where EFT payment is required, we will contact you to request your bank account details in order to process your refund via EFT.
6.1.5 Once you have made an order to purchase a Deal on the Site, you cannot cancel or reverse that order.
6.2. Issue of Deals
6.2.1 Once you have placed an order for a Deal, you will receive a confirmation of your order (Deal Confirmation) by email and your credit card, PayPal account, onsport.com.au Gift Vouchers or Velocity Frequent Flyer account, where relevant will be charged for the purchase price of the Deal.
6.2.2 You will only be issued a Deal Confirmation if: (a) full payment for that Deal has been received by onsport.com.au; and (b) the Minimum Quota has been met.
6.2.3 A ‘Deal Confirmation’ will be made via an email containing a unique code.
6.2.4 onsport.com.au is not liable or responsible for any loss suffered as a result of a Deal Confirmation not being received by you (including, without limitation, due to an email being blocked by a firewall or filter or where you have registered an incorrect email address).
6.3. Redemption of Deal Confirmation
A Deal Confirmation that onsport.com.au issues to you will outline the steps required for you to engage with the relevant Wholesale Partner or Experience Provider in order to receive the Good or Experience that is the subject of the Deal you ordered. The relevant Wholesale Partner or Experience Provider, not onsport.com.au, is the provider of the Good or Service and is solely responsible for honouring the Deal that you have purchased.
6.4. Terms of Deal
6.4.1 You agree that your purchase of a Deal from onsport.com.au may be subject to specific terms, conditions, rules and/or limitations (including, without limitation any eligibility terms attached to a Deal, any Minimum Quotas, any expiration dates for purchasing a Deal) (Deal Specific Terms), which will be communicated to you on the Site prior to your purchase of the Deal. To the extent there is any inconsistency between the Deal Specific Terms and these Terms & Conditions, the Deal Specific Terms will prevail. By placing an order for a Deal on the Site, you agree that all Deal Specific Terms will be legally bind you in relation to that Deal.
6.4.2 Unless otherwise stated in the Deal Specific Terms or required by law, the following terms apply to all Deals (without limiting these Terms and Conditions):
(a) If, for any reason, you do not or cannot use a Deal you have purchased in full, you will not be entitled to any consideration, credit or full or partial refund on the purchase price of that Deal, except as required by law.
(b) onsport.com.au is not liable for Deal Confirmations lost or stolen.
(c) Deals may not, without the prior written consent of onsport.com.au, be resold or offered for resale, duplicated, used, traded or used for advertising, promotion or other commercial purposes (including competitions and trade promotions).
6.4.3 All Deals are subject to the Wholesale Partner’s or Service Provider’s standard terms and conditions and policies. onsport.com.au will use reasonable endeavours to advise you on the Site of any material terms and conditions and policies of the Wholesale Partner or Service Provider that will impact your ability to use or enjoy the Products or Experiences.
6.4.4 All Deals relating to services provided by Service Providers are subject to availability. onsport.com.au cannot guarantee that services will be available to you at the preferred date or time.
6.4.5 If you cancel a service booking you have made through onsport.com.au with a Service Provider, onsport.com.au or the Service Provider may charge you a cancellation fee.
7. Pre-orders and order cancellation
7.1 Pre-orders
A pre-order is where you order Products or Experiences before they become available for sale or is available in stock. You will not be charged for a pre-order until the Good is available for shipping or no more than 15 business before the Experience event or fulfilment date.
The delivery time for your pre-ordered Products or Experiences may change. To obtain an updated estimate of your pre-ordered Products or Experiences, email us at service@onsport.com.au or if it is urgent, call 1300 351 461.
Where your order contains pre-ordered Products, the other Products in your order may not be shipped until the pre-ordered Products are available.
7.2 Cancellations
If you notify onsport.com.au that you wish to cancel an order soon after you placed your order and before Products have been despatched from our warehouse, onsport.com.au will try to accommodate your order cancellation. If goods have been despatched, onsport.com.au reserves the right to refuse order cancellation or charge a cancellation fee should we be able to request the return of the package from our delivery service.
8. Capacity
The Products and Experiences on the Site are only available for sale to individuals who can enter into legally binding contracts. The Products and Experiences are not available to persons under the age of 18 years and any other persons who are legally prohibited from entering into binding contracts. By making a purchase on onsport.com.au.com.au with any of the Wholesale Partners or Experience Providers, you accept these Terms & Conditions and acknowledge that you are over the age of eighteen (18) years and are able to make a legally binding contract.
9. Accepted Payment Methods
Orders through onsport.com.au may be finalised and paid for by using the following acceptable payment methods:
(a) credit card – Visa or Mastercard only;
(b) PayPal;
(c) onsport.com.au Gift Vouchers;
(d) Rewards Program Partner Points (see clause 10 for a listing of accepted Rewards Program Partner Points); or
(e) a combination of (a), (c) or (d).
All prices listed on the Site are in Australian dollars ($) unless specified otherwise and Products and Experiences are payable in Australian dollars ($) only, including any applicable taxes. If your payment cannot be successfully processed onsport.com.au may contact you or we may cancel your order.
10. Rewards Program Partner Points
Rewards Program Partner Points accepted as payment when redeemed through onsport.com.au.com.au include:
Velocity Frequent Flyer (Velocity Points) – Virgin Australia
10.1 Velocity Frequent Flyer (Velocity Points) – Virgin Australia
10.1.1 Earning Velocity Points
To earn Velocity Points through onsport.com.au you must be a registered Member of Velocity Frequent Flyer and have provided onsport.com.au with accurate credentials, including your Velocity Frequent Flyer Membership Number and Velocity Frequent Flyer Member password and other Velocity Frequent Flyer account details we may ask you for in order to identify and authenticate your account.
Velocity Points are earned on purchases (or the part of a purchase) made by credit card or PayPal only. Taxes, Shipping Fees, payment (or part payment) made via redemption of Velocity Points and payment (or part payment) made via redemption of onsport.com.au Gift Vouchers are excluded from Velocity Points earn.
The base rate (“Base Rate”) at which onsport.com.au customers earn Velocity Points is 2 Velocity Points per dollar spent on onsport.com.au. Velocity Points are earned in accordance with these Terms and Conditions and onsport.com.au may change the Base Rate or the Terms and Conditions associated with Velocity Points earn from time to time.
From time to time onsport.com.au may run a promotion where you may earn extra Velocity Points in addition to the Base Rate published on the Site (“Bonus Points”). Where a promotional period for Bonus Points ends, unless stated otherwise in the terms and conditions of the Bonus Point promotion, the rate at which you earn Velocity Points on onsport.com.au will revert to the Base Rate as displayed on onsport.com.au.
Velocity Points will be allocated to Members’ Velocity Frequent Flyer Accounts on or around 4 weeks from the date payment via credit card or PayPal is approved.
10.1.2 Redeeming Velocity Points through onsport.com.au
To redeem Velocity Points through onsport.com.au you must be a Velocity Frequent Flyer Member and have provided onsport.com.au with accurate Velocity Frequent Flyer account credentials, including your Velocity Frequent Flyer Membership Number and password. To redeem Velocity Points you must have a Velocity Points balance greater than zero. You may transact on onsport.com.au by using a combination of redeeming Velocity Points and any Accepted Payment Methods in clause 9 (except for PayPal). Redemption of Velocity Points through onsport.com.au will be available from mid-October 2011 onwards. To redeem Velocity Points for your order you need to sign in before or during the checkout process and either add your Velocity Frequent Flyer Membership number and password to the payment details when prompted during the checkout process or alternatively add your Velocity Frequent Flyer Membership number and password to your onsport.com.au Account.
When attempting to pay for your order using Velocity Points, if your Velocity Frequent Flyer Membership credentials cannot be authenticated, you will not be able to use Velocity Points to pay for your order or part of your order, as the case may be. Please check the Velocity Frequent Flyer Membership details you entered either during the checkout process or into your onsport.com.au account are correct. If after checking your details you believe you have entered them correctly and still cannot pay for your order using Velocity Points, please contact Velocity Frequent Flyer.
If you need to reset your Velocity Frequent Flyer password or administer your Velocity Frequent Flyer account in any way, please contact Velocity Frequent Flyer. onsport.com.au is unable to amend or action changes to your Velocity Frequent Flyer account, you must contact Velocity Frequent Flyer directly.
10.1.3 Refunding of Velocity Points
At no stage is onsport.com.au able to or allowed to refund Velocity Points that have been redeemed for purchases or any other reason on onsport.com.au. See the Returns Policy available on onsport.com.au to review refund options for purchases made using Velocity Points or a combination of Velocity Points and other acceptable payment methods on onsport.com.au.
11. Acceptance of order / transaction
onsport.com.au may refuse to process an order for any reason or refuse to service onsport.com.au customers at any time at our sole discretion. Wholesale Partners and Experience Partners may also refuse to process an order for any reason or refuse service to onsport.com.au customers. All orders placed must by placed using one or a combination of our Accepted Payment Methods, as described in clause 9 of these Terms and Conditions. Your transaction must be approved in order for us to complete your order. We may require additional verifications or information before accepting any order. Additionally, your financial institution may also decline to process payment requests. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
12. Delivery arrangements
Refer to the Delivery Policy available on onsport.com.au.com.au for details of delivery fees, eligibility for free delivery and other terms and conditions relating to delivery or shipping.
13. Returns
See the Returns Policy available on onsport.com.au for detail on how to return Products to onsport.com.au and eligibility for free returns and other terms and conditions relating to return of Products.
14. Promotional Discount Codes and Promotional Offers
From time to time onsport.com.au may offer promotional discount codes or special offers (Promotional Offers or Promotional Discount Codes). If you have a Promotional Discount Code, it should be entered where prompted during the checkout process. By redeeming any of onsport.com.au's Promotional Discount Codes or accepting a Promotional Offer, you agree to comply with all of the following terms and conditions:
(a) All discounts arising from Promotional Offers (percentage or dollar discounts) and Promotional Discount Codes are applied to transactions only after any onsport.com.au account credit, where relevant, is used;
(b) If you have been provided a valid Promotional Discount Code, you must enter it into the designated field in the checkout process. Otherwise, your discount will not be applied. We cannot apply discounts manually;
(c) Promotional Discount Codes must be used before the designated expiration date. No extensions will be allowed under any circumstances;
(d) Promotional Discount Codes and Promotional Offers cannot be combined in the one transaction;
(e) Where multiple discounts may apply, the user will receive the maximum discount available and applicable to a single code only;
(f) onsport.com.au reserves the right to verify the validity of Promotional Discount Codes issued at any time. If there has been (or we have reason to believe there has been) any unauthorised use or circulation of Promotional Discount Codes, we will immediately disable any or all Promotional Discount Codes created and may close your Account;
(g) onsport.com.au reserves the right to remove, disable or revoke, individually or otherwise any Promotional Offer or Promotional Discount Code without notice at any time.
15. Products and Services Tax (GST) and other taxes
Prices displayed on the Site are inclusive of GST unless expressly excluded (except Gift Card purchases where GST does not apply).
You are responsible for the payment of any and all taxes, duties, charges, imposts or other liabilities imposed by any government agency, government taxation agency or other government body, including without limitation, any customs duty, any additional GST payable or any value added tax imposed on any products or services acquired or ordered by you from the Site.
The Site is designed and provided for use by Australian and New Zealand residents and we require all onsport.com.au Experiences Providers to provide an estimate of any such taxation or other liabilities on the assumption that you are an Australian resident.
Without limiting section 15, if you are not an Australian resident you must make your own enquiries about whether any such liabilities will be imposed if Products are delivered to you. onsport.com.au cannot process a refund of GST or any other taxes or fees for non-residents of Australia.
16. International orders and delivery
Some orders may incur a customs or import duty charge. onsport.com.au does not have any control over these charges or are unable to advise whether they will apply, how they will apply or at what rates, as it is based on individual country regulations & compliances. For further information, please contact your local customs office.
All customs charges are to be paid by the customer on delivery of the order. onsport.com.au will never pay customs charges or other taxes or fees on your behalf. If you refuse to pay any applicable customs charges or other taxes, your parcel may be abandoned, and onsport.com.au will not be held responsible for any loss of funds as a result of this occurrence. We cannot mark International orders as a gift in order to bypass or reduce any customs fees.
17. Copyright and intellectual property rights
onsport.com.au, or a member of the onsport.com.au Group, is the copyright owner of the content of the Site or is licensed by the copyright owner to use the content on the Site. Except as permitted by the Copyright Act 1968 (Cth), you must not in any form or by any means:
(a) copy, adapt, reproduce, broadcast, store, transmit, distribute, print, publish or create derivative works from any information or material on the Site;
(b) alter, decompile, disassemble, reverse engineer or modify any material or information that you receive from the Site which can be accessed through the Site;
(c) perform in public or transmit in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) any of the information or material on the Site without the specific prior written consent of onsport.com.au; or
(d) use or apply, for commercial purposes any material or information on the Site, without the prior written consent of onsport.com.au.
All trademarks, brands and names appearing on the Site are the property of their respective owners. Nothing contained on the Site is intended to grant any express or implied right to you to use or exploit any patent, copyright, trademark or trade secret information. No trademarks, brands or names, including as part of domain names or email addresses, may be used in any manner that is likely to cause confusion.
18. Products and Experiences listing errors
In the event a Good or Experience is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or an error in the Good or Experience description information received from our Wholesale Partners or Experience Providers, onsport.com.au may refuse or cancel any orders placed for Products or Experiences listed at the incorrect price. onsport.com.au may refuse or cancel any such orders whether or not the order has been confirmed and your payment approved. Where payment has been approved and your order is cancelled, onsport.com.au will as soon as possible, refund your purchase in full in accordance with the Returns Policy.
19. Links and Third-Party Statements on the Site
The Site provides links to other websites not maintained or controlled by, or associated with, onsport.com.au. onsport.com.au makes no endorsements, representations or warranties about any other website which you may access through the Site (Other Website). When you access an Other Website, that Other Website is independent from onsport.com.au and we have no control over the content on that Other Website.
Any link to an Other Website is provided as a convenience to users of the Site. Other Websites are not under the control of onsport.com.au and we are not responsible for the accuracy of any information on any Other Website. onsport.com.au does not monitor or review the content of any Other Website. You must take your own precautions to ensure that any Other Website that you access by link from the Site are free from viruses, worms, Trojan horses and other material of a destructive nature.
onsport.com.au will not routinely monitor or review statements made by persons other than onsport.com.au (Third Parties) on the Site. Third Parties may post statements or information on some portion of the Site, from time to time (Third Party Posted Material). onsport.com.au has the right at all times to remove any Third Party Posted Material from the Site or to edit any Third Party Posted Material, including in response to complaints received in relation to that material. onsport.com.au makes no representations to you about the accuracy, quality, legality, ownership or other aspect of any Third Party Posted Material.
onsport.com.au expressly disclaims any liability to you for all Third Party Posted Material. Subject to any liability which cannot by law be excluded, onsport.com.au is not liable to you or any other person for any direct, indirect, special or other consequential damages arising out of any use of the Site, the use of any other hyper-linked website, the use of any Other Website or any Third Party Posted Material, and including but without limitation, any loss of profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if onsport.com.au has been expressly advised of the possibility of such loss or damages.
You must indemnify and keep indemnified onsport.com.au in respect of all loss and expense suffered by you as a result of any use or exploitation by you of any Third Party Posted Material or any Other Website, or both.
20. Security
onsport.com.au uses advanced internet encryption technology ("SSL" or "Secure Socket Layer" technology) managed by world-class encryption suppliers Verisign (www.verisign.com), to encode personal data that you send to onsport.com.au when placing an order through the Site and when sending data to our Australian-based support partners such as SecurePay and ANZ. To check that you are in a secure area of the Site before sending personal data to onsport.com.au, please look at the bottom right of your website browser and check that it displays an image of a closed padlock or an unbroken key.
For the purposes of keeping your account details and personal information secure, if you are using a computer or terminal in a public location, onsport.com.au recommends that you always log out and close the website browser when you complete an online session for your security. In addition onsport.com.au recommends that you take the following security measures to enhance your online safety:
(a) Keep your account passwords private;
(b) When creating a password, use at least 6 characters. A combination of letters and numbers is best. onsport.com.au also recommends that you frequently change your password;
(c) Avoid using the same password for multiple online accounts.
onsport.com.au will never ask you to confirm any account or credit card details via email. If you receive an email claiming to be from onsport.com.au.com.au asking you to do so, please ignore it and do not respond.
21. Viruses, hacking and other offences
You must not misuse onsport.com.au.com.au by knowingly introducing viruses, trojans, worms, logic boms or other material that is malicious or harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to our Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
If we become aware that you have breached any law in connection with your use or access of this Site, we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
onsport.com.au does not represent that any information (including any file) obtained from or through the Site are free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. onsport.com.au will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information or due to your use of the Site or any website linked to the Site, howsoever caused. To the extent that any liability may be imposed on onsport.com.au, to the extent permitted by law it shall be limited to the cost of re-supplying that information.
22. Disclaimers
The Site has been prepared under Australian law.
onsport.com.au updates the Site as often as is practicable, but information can change rapidly and no member of onsport.com.au guarantees its accuracy at any time.
onsport.com.au cannot give any undertaking, that Products or Experiences you purchase from Wholesale Partners or Experience Providers through the Site will be of satisfactory quality, and any such warranties are disclaimed by onsport.com.au absolutely. This disclaimer does not affect your statutory rights against the Wholesale Partner or Experience Provider. Where you order Products or Experiences through the Site onsport.com.au may disclose your customer information related to that transaction to the relevant Wholesale Partner or Experience Provider.
By using the Site, you agree that your access to, and use of, the Site is subject to these Terms & Conditions and all applicable laws, and is at your own risk. While the information and material contained on the Site is believed to be accurate and current, it is provided by onsport.com.au in good faith on an "as is" basis, and onsport.com.au and the directors, officers and employees of onsport.com.au accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site. Any reference to Products or Experiences on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those Products or Experiences by onsport.com.au or any onsport.com.au company.
Subject to any non-excludable provisions in the Competition and Consumer Act 2010 (Cth) and similar State or Territory legislation in Australia:
(a) onsport.com.au expressly disclaims any implied or express warranties or conditions of any kind, including non infringement of intellectual property rights relating to information or materials accessible from or on the Site; and
(b) onsport.com.au shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement Products, or otherwise, even if onsport.com.au is expressly advised of the likelihood of such loss or damage.
To the extent (if any) that the content of the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use the Site.
23. Confidential information
You should not send any information or material that you consider to be confidential or proprietary, to onsport.com.au or any other person, through the Site. Any information or material sent to onsport.com.au at, or through the Site, other than personal information or financial information submitted during the account registration or checkout process is deemed to be not confidential. You are deemed to grant to onsport.com.au an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute all materials or information sent by you to or through the Site. onsport.com.au is free to use any ideas, concepts, know-how or techniques that you send to onsport.com.au, for any purpose.
24. Privacy
onsport.com.au may collect your personal information through your use of the Site or through your contact with onsport.com.au. Any personal data and other information provided by you will be processed by onsport.com.au in accordance with the onsport.com.au.com.au Privacy Policy available on onsport.com.au.
By providing any such personal data or other information you agree to the terms of the onsport.com.au Privacy Policy and in particular you agree that onsport.com.au can collect, hold, use and disclose your personal information in the ways set out in the Privacy Policy.
25. Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
26. Severability
If any of these Terms & Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
27. Applicable Law
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of the state of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of the state of New South Wales, Australia.
The Site may be accessed throughout Australia and overseas. onsport.com.au makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the website.
28. Alterations to Terms & Conditions
onsport.com.au may revise or alter these Terms & Conditions at any time. Revisions and alterations will be posted on the Site. Users are responsible for reviewing the Site from time to time to ensure compliance.
29. Feedback and complaints
General comments about the Site are welcome via service@onsport.com.au or by calling us on 1300 351 461.
onsport.com.au will try to help users resolve disputes with Wholesale Partners or Experience Providers. However, onsport.com.au has no obligation to do so and, to the extent that onsport.com.au attempts to resolve a dispute, onsport.com.au will do so in good faith based solely on onsport.com.au policies and will not make judgements regarding legal issues or claims.
If you have a complaint about a specific purchase, and have paid by Visa or Mastercard, you may have charge-back rights and you should contact your financial institution to discuss any charge-back rights you may have.
30. Entire agreement
These Terms & Conditions and any document expressly referred to in them represent the entire agreement between you and onsport.com.au and supersede any prior agreement, understanding or arrangement between you and onsport.com.au, whether oral or in writing.
31. Velocity Frequent Flyer Footy's Back Terms and Conditions
Offer valid from 23 February 2012 to 31 March 2012, inclusive (“Promotional Period”).
In addition to 2 Velocity Points (“Standard Points”) earned on every $1 spent on onsport.com.au, Velocity members will earn 500 Velocity Points (“Bonus Points”) for every $50 spent during the Promotional Period on footy products (“Footy Products”) only (excludes Experiences).
Velocity members must spend at least $50 to earn Bonus Points. Bonus Points are earned and allocated on whole $50 increments or brackets of spend only (e.g. $50, $100, $150 etc.) and will not be pro-rated or fractionally earned on remaining portions of spend that are less than $50. For example, where $110 is spent on eligible products, 1,000 Bonus Points will be earned. Footy Products are displayed on the “Footy’s Back” product listing pages on onsport.com.au.
Only Aussie Rules, Football (Soccer), Rugby League and Rugby Union products found on product listing pages directly linked to the "Velocity Offers/Footy's Back" page, via the sporting code or sporting team buttons (found at http://www.onsport.com.au/store/shop-by/velocity-offers.html), are eligible for Bonus Points earn. Offer excludes any events, experiences, tickets or memberships.
Velocity members must enter their Velocity membership number at time of purchase to receive the Bonus Points.
All purchases are subject to onsport.com.au terms and conditions:
The following payment methods are accepted by onsport.com.au:
a) Velocity Points (redemption);
b) Credit card;
c) onsport.com.au e-Gift Cards (redemption);
d) PayPal;
or a combination a), b), c) or d).
Standard Points will only be earned on payments, or part payments, made by credit card or PayPal only. No Standard Points will be earned on amounts paid by way of redemption of onsport.com.au Gift Vouchers or redemption of Velocity Points.
Shipping Fees are excluded from earning either Standard Points or Bonus Points. Payments (or part payments) made via redemption of Velocity Points are eligible for Bonus Points Earn.
Standard Points will be allocated to members’ Velocity Accounts on or around 4 weeks from the date that payment via credit card, PayPal is approved, or where Velocity Points are redeemed for payment in full, from the date the redemption request is processed. Purchases eligible for Bonus Points will be allocated to
members’ Velocity Accounts by 30 April 2012.
Where Products or Experiences are purchased using credit card, PayPal or an onsport.com.au e-Gift Card, or a combination of Velocity Points redemption and any other accepted payment method and products
are returned within 21 days from the date of purchase, in accordance with the terms and conditions set out in the Returns Policy available at the time on onsport.com.au, a refund will be processed for the Customer.
Returned Products must be received by onsport.com.au at the return address specified within 21 days from the date of purchase for a refund to be processed. Where a refund is processed, Standard and Bonus Points that would otherwise have been earned on the original purchase will not be earned or allocated to the member’s Velocity Account. If onsport.com.au or a Customer of onsport.com.au cancels an order at any time, Standard and Bonus Points will not be earned on the order. Click here to return to Footy's Back landing page >