Introduction

Welcome to the Footyology website (“website”). The Footyology Terms and Conditions (“Terms and Conditions”) govern the use of the website and the purchase of any goods from it. The website is owned and operated by Footyology Pty Ltd (ABN 31 613 241 179).

Agreement Deemed by Use

Use of or access to this website deems that you agree to be bound by the Terms and Conditions of use. Footyology reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you.

Use of Materials, Graphics and Text from this Website

Unless otherwise specified, the materials in this website are presented for the purposes of promoting Footyology’s news posts and providing information about Footyology to suppliers and the general public. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification or use of the materials for any other purpose is a violation of Footyology copyright and other proprietary rights. Use of any material in this website on any other website or networked computer environment is prohibited. All trademarks and trade names are proprietary to Footyology. All other rights are reserved by Footyology as the copyright owner.

Limitation of Liability

You waive and release Footyology, its servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website. Footyology, its servants or agents shall not, under any circumstances be liable for any injury, loss or damage arising out of or related to the use, or the inability to use, the materials in this website. This limitation of liability includes but is not limited to incidental, special or consequential damages.

Information Provided by You

If you purchase goods and services from this website or create a membership account with us, we may require you to provide your name, address, email address, credit card number or other details (“Customer Information”). We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Footyology with current, complete and accurate Customer Information when asked to do so by the website or an employee or agent of Footyology. For more information, please review the Footyology Privacy Policy.

Duties and Taxes

Any prices listed on this website includes the Australian Goods and Services Tax.

Price

Any prices charged for goods on offer from this website are in Australian dollars.

Security

When you purchase products from this website, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. Footyology makes no warranty in respect of the strength or effectiveness of that encryption and Footyology is not responsible for events arising from unauthorised access of the information you provide.

Membership

A website member or subscriber may not have more than one active membership, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as promotional benefits and the value therein. Membership and subscriber accounts are non-transferable. You may update, edit or terminate your membership or subscriber account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.

As a Footyology member or subscriber, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your membership account and password.

Products Promoted and Contract Development

Prices listed on this website and terms and conditions of any kind relating to products or services displayed on this website may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Footyology. Footyology reserves the right to vary or modify the information in the website without notice. Footyology makes no representation that the products or services listed in this website are currently available.

Orders, Claims and Returns

Orders for products or services will not be processed or despatched until payment in full has been received and Footyology is satisfied with the integrity of the order. Without limiting the operation of any other Terms and Conditions herein, Footyology is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product or service. Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way. Footyology may accept (in whole or part) or decline any order. Any claims or complaints must be made within 7 days of delivery date. No returns will be accepted if product(s) are returned after use. Products must be returned in identical condition and not be tampered with. Products that have been used or damaged within the return process will not be refunded and will be returned at customers expense. Footyology retains the right to decline returns, refunds or exchanges.

Delivery claims

All delivery claims for products or services must be made to Footyology within 48 hours of receipt of the relevant products. Delivery claims will only be accepted if the carrier has accepted liability for loss, damage or short delivery. If a signed receipt is held by the carrier, no claim will be entertained. Returns: Footyology reserves the right to replace faulty goods. Returns must be authorised by Footyology and will incur a 10% handling charge prior to the Product being returned. Any product that has been opened, used, damaged or defaced in any way will not be accepted for return by Footyology.

Promotions and Competitions

Links to this website are permitted, provided the full html page is loaded and is not more than one layer from the index.html page.

Links to individual graphics or to areas that are considered “security areas” that bypass any security protection or password protect that Footyology establishes are expressly prohibited.

Jurisdiction

This website is controlled and operated by Footyology from its offices located in Victoria, Australia. By using this website, you agree to submit to the jurisdiction of the courts of Victoria if a conflict arises from the use of this website. If you choose to access this website from other locations you are responsible for compliance with local laws, if and to the extent such local laws apply.

Severability

If any provision of the Terms and Conditions is unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions. This is the entire agreement between the parties relating to the subject matter.

Release and Indemnity

You agree to waive any and all claims that you now have or may have in the future against Footyology which relate to or are incidental to any transaction. You agree to indemnify and hold Footyology harmless from and against any and all claims, loss or expense that may be incurred by Footyology which relate to or are incidental to the performance of its duties as described in these Terms and Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding. You further agree to indemnify and hold Footyology harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.

Photographic usage

Any images used throughout the site are used by permission or owned and protected under copyright by Footyology Pty Ltd. Use of these images, without the express permission in writing from Footyology, is expressly prohibited.