Terms & Conditions
1.1 Our Web Site
(a) The Web Site is owned and operated by Associated Retailers Limited. (“ARL” – ACN 004 520 030) under the domain name ‘www.sportspower.com.au‘.
(b) These terms and conditions govern Your use of the Web Site. By accessing the Web Site You agree to observe these terms and conditions and all applicable laws.
(c) While ARL has made every effort to ensure that information is free from error, ARL cannot accept any responsibility for any errors or omissions in the information on the Web Site. You agree that your access to, and use of, the Web Site or Third Party Web Sites is at your own risk. ARL makes no representation or warranties of any kind as to the operation of the Web Site or Third Party Web Sites, or the information on or content of the Web Site or Third Party Web Sites, except as otherwise required under applicable laws.
(d) ARL does not guarantee that the Web Site or Third Party Web Sites will be free from viruses or other conditions which could damage or interfere with any hardware or software with which it might be used, or that access to the Web Site or Third Party Web Sites will be uninterrupted.
(a) These are the current terms and conditions. They replace any other terms and conditions for the Web Site published on the Web Site to date.
(b) ARL may at any time vary the terms and conditions by publishing the varied terms and conditions on the Web Site.
(c) You are responsible for informing yourself of any changes to these terms and conditions. You accept that by accessing the Web Site after any variation of the terms and conditions, You are deemed to have agreed to comply with the varied terms and conditions.
1.3 Our Products
(a) Material on the Web Site may contain general information about ARL products. Unless expressly stated otherwise, this information:
1. does not constitute an offer or inducement to enter into a legally binding contract; and
2. does not form part of the terms and conditions for sale of ARL products.
(a) The Web Site and all material provided on the Web Site is owned or licensed by ARL, including the “look and feel” of the Web Site, the colour combinations, layout and all graphical elements.
(b) Except where necessary for viewing the material on this Web Site on Your browser, or as permitted under the Copyright Act 1968 or other applicable laws or these terms and conditions, nothing on the Web Site may be modified, reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of ARL.
(c) If You believe You own the copyright in any work and that work is displayed on the Web Site without Your permission, please contact ARL and the matter will be investigated.
Trade Marks. This Web Site includes registered trade marks, and other trade marks that are protected by law. The use (or misuse) of any of these trade marks without the prior written consent of ARL is strictly prohibited.
1.5 Third Party Web Sites
(a) The Web Site may contain links to Third Party Web Sites. The links are provided solely for your convenience. ARL is not responsible for the condition, information or materials on Third Party Web Sites as they are not under ARL’s control. ARL does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites.
(b) Subject to any applicable law, which cannot be excluded, ARL makes no warranties or representations:
1. regarding the quality, accuracy, merchantability or fitness for purpose of material, products or services available through Third Party Web Sites; or
2. that material appearing on Third Party Web Sites does not infringe the intellectual property rights of any person. ARL is not authorising the reproduction of material appearing on Third Party Web Sites by linking the Web Site to Third Party Web Sites.
(c) When You follow a link on the Web Site, material at a Third Party Web Site may be displayed in Your browser framed by the Web Site. This material is third party material for the purpose of these terms and conditions
(d) ARL is not responsible for the privacy practices of Third Party Web Sites. Please take care at all times to check whose site you are visiting.
Subject to clause 1.7, You hereby agree to indemnify and hold ARL free from any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs on a full indemnity basis) whatsoever arising out of or referable to Your use of the Web Site and/or Your breach of these terms and conditions.
1.7 Limitation of Liability
(a) Subject to any responsibilities implied by law and which cannot be excluded, ARL is not liable to You for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to your use of the Web Site or your use of Third Party Web Sites linked to the Web Site, whether in contract, tort including negligence, statute or otherwise
(b) Liability of ARL for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at ARL’s option, to:
1. the supply of the information, goods or services again;
2. the repair of the goods; or
3. the payment of the cost of having the goods or services supplied again or repaired.
(c) All other implied conditions, warranties or rights howsoever arising, are excluded to the fullest extent permitted by law. In particular, ARL does not warrant the operation of the Web Site or the server which stores and transmits the Web Site is free from viruses or harmful components.
These terms and conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. ARL makes no representation that the content of the Web Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Web 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 Web Site.
These terms and conditions (and the agreement constituted by Your use of the Web Site) and Your access to the Web Site may be terminated at any time by ARL without notice.
1.11 Gift Cards
(a) The SportsPower Gift Card is redeemable for merchandise at participating SportsPower stores only. You can select gifts up to the value of the card, or above the value of the card – you will need to make up the difference with an additional form of payment.
(b) The store is not obliged to accept the use of the card on a sale of under $20. Treat this card like cash. Defaced, mutilated, altered, lost or stolen cards will not be replaced, refunded or redeemed. The gift card is not redeemable for cash and cannot be used for payment of credit or retailer accounts. The gift card will be void and cannot be redeemed after the expiry date which is 12 months from the date of issue. Any unused balance on expiry will not be refunded or credited. Cash will not be given on any unused balance. The Gift Card cannot be reloaded.
(c) The gift card is partially redeemable. You are liable for all transactions on this card. We reserve the right to change these terms and conditions of use at any time. For more information or for assistance with your Gift Card call the Gift Card Help Desk on 1300 55 33 80