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).
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 Emacity Pty Ltd (trading as Onsport), ACN 636 135 030, 11 Burrows Road South, St Peters, NSW, 2044 (onsport.com.au).
onsport.com.au allows users to purchase Products from Wholesale Partners who have a commercial relationship with onsport.com.au.
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 result of your use of the Site.
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 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
Each order you submit is deemed an offer by you to purchase the Products specified within the order, subject to these Terms & Conditions and any additional Terms & Conditions notified to you by a Wholesale Partner.
In the case of Products, onsport.com.au, or a Wholesale Partner, will pick, pack and ship Products ordered to you.
The following should be noted:
(a) onsport.com.au does not share your credit card or other financial information with Wholesale Partners. onsport.com.au does however provide Wholesale Partners with information to assist in the fulfillment of orders and customer service. This information may include your name, address, telephone number and email address. Your information is passed to and used by the Wholesale Partner for fulfillment purposes only.
(b) From time to time Wholesale Partners will manage and support your order, including, where relevant, shipping and handling, customer service and other activities.
(c) onsport.com.au, Wholesale Partners reserve the right to accept or reject your offer to purchase Products for any reason, including, without limitation, the unavailability of any Good, an error in the price or the description of the Good published on the Site, or an error in your order.
The Products on the Site are only available for sale to individuals who can enter into legally binding contracts. The Products 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, 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.
6. Accepted Payment Methods
Orders through onsport.com.au may be finalised and paid for by using the following acceptable payment methods:
(a) Credit/debit cards – Visa, Mastercard and American Express only;
(c) onsport.com.au Gift Vouchers;
(d) Rewards Program Partner Points (see clause 7 for a listing of accepted Rewards Program Partner Points); or
(e) a combination of (a), (c) or (d).
All Velocity Points amounts listed and displayed next to Products are Velocity Points redemption amounts only, they are not the amount of Velocity Points you can earn from the purchase.
All prices listed on the Site are in Australian dollars ($) unless specified otherwise and Products are payable in Australian dollars ($) only, including any applicable taxes. If your payment cannot be successfully processed onsport.com.au may contact you or we may cancel your order.
7. Rewards Program Partner Points
7.1 Velocity Frequent Flyer (Velocity Points) – Virgin Australia
7.1.1 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 membership and Points earn and redemption are subject to the Member Terms and Conditions, available at virginaustralia.com/velocity, as amended from time to time.
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 currently 5 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.
7.1.2 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 6 (except for PayPal). 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.
7.1.3 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.
Where Products are returned within 21 days from the date of purchase in accordance with the terms and conditions set out in the Returns Policy, a refund will be processed for the Customer. Returned Products must be received by onsport.com.au at the return address specified in the Returns Policy within 21 days from the date of purchase for a refund to be process. Where a refund is processed, Velocity Points that would otherwise have been earned on the original purchase will not be earned or allocated to the Member’s Velocity Rewards Account, as a result of returning the Products or Experiences.
8. 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 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 6 of these Terms and Conditions. Your transaction must be approved in order for us to complete your order. Where Velocity Points have been used to pay or part-pay for your order, your order is not considered accepted until the date upon which your order is despatched. 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.
9. 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.
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.
11. 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 and cannot be used with other offers;
(e) Where multiple discounts may apply, the user will receive the smallest 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;
(h) You may be prevented from or deemed ineligible for other Promotional Offers or other Discount Offers if you use a Discount Code;
(i) Discount Codes cannot be applied to e-Gift Cards or e-Gift Vouchers and are excluded from use.
12. 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 International residents and we require all onsport.com.au 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.
13. International orders and delivery
Onsport.com.au currently delivers domestically (within Australia) and to selected countries internationally only.
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.
14. 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.
15. Product listing errors
In the event a Good 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 description information received from our Wholesale Partners, onsport.com.au may refuse or cancel any orders placed for Products 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.
16. 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.
onsport.com.au uses advanced internet encryption technology ("SSL" or "Secure Socket Layer" technology) managed by world-class encryption suppliers DigiCert, 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 NAB. 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.
18. 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.
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 you purchase from Wholesale Partners 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. Where you order Products through the Site onsport.com.au may disclose your customer information related to that transaction to the relevant Wholesale Partner.
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 on the Site is for information purposes only and does not constitute an endorsement or a recommendation of those Products 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.
20. 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.
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.
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.
24. 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.
25. 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.
26. Feedback and complaints
General comments about the Site or our service are welcome via firstname.lastname@example.org or by live chatting with us online.
onsport.com.au will try to help users resolve disputes with Wholesale Partners or logistics 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.
27. 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.