Website Use Terms
Access to and use of this Website is subject to you agreeing to these Website Use Terms. By accessing or using this Website you agree to be bound by these Website Use Terms.
If you are under 18 years old, you must also have the consent of your parent or guardian to use this Website and they must agree to you being bound by these Website Use Terms.
If you do not agree to these Website Use Terms, or you are under 18 years old and your parent or guardian does not agree to you being bound by these Website Use Terms, you must not use this Website.
In this document:
- us, we and our refers to BLK International Pty Ltd (ACN 616 696 242);
- Website means the website located at blksport.com and includes any online functions and services provided or accessible via the Website.
Warnings and disclaimer
The Website is provided on an "as is" and "as available" basis. You rely on the Website, or any information on the Website, at your own risk.
Whilst we have no reason to believe that any information on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of that information (including information about the specifications and prices of any goods or services), nor do we undertake to keep the Website updated. The Website provides general information only.
We update the Website, and goods and services we offer, from time to time. The contents of the Website may change at any time, without notice, including to correct any errors or omissions.
Unfortunately, no online service or data transmission can be guaranteed as safe and secure. Whilst we strive to protect our online services, including the Website, and our data transmissions, we cannot ensure, and do not warrant, that the Website is free of viruses or other malicious software code, or that information you transmit to us or we transmit to you will be transmitted safely and securely. You must take your own precautions to ensure that accessing the Website does not expose you to viruses or other malicious computer code or other forms of interference which may damage your computer system. Any information you transmit to us is transmitted at your own risk.
We make no representations that, and do not represent or warrant:
- the Website will function uninterrupted or will be available at any particular time or location;
- the Website will be free of errors and defects; or
- the Website is suitable for any purpose you may have, or will meet your requirements.
Alternative or additional terms may apply to specific portions or features of the Website, including promotions or other similar features. If alternative or additional terms apply to a specific portion or feature of the Website, relevant information will be provided on the Website.
Responsibility for any third party content appearing on the Website (such as third party advertisements) rests solely with the applicable third party. The inclusion of third party content on the Website does not constitute a recommendation or endorsement by us of the third party’s goods or services, and any third party (and not us) is responsible for any representations made in connection with the third party’s content.
The Website may contain hyperlinks to websites or services not operated or controlled by us. Those hyperlinks are provided for convenience only and may not remain current, and those other websites and services may not be maintained or kept up to date. We are not responsible for the content, privacy practices or other activities of hyperlinked websites or services.
Our hyperlinks to other websites or services do not represent, and should not be understood as, an endorsement, approval or recommendation by us of the owners or operators of those websites or services, or of any goods, services or information referred to on, or contained in, those hyperlinked websites or services.
Goods and services
The Website provides general information only and is not intended to provide advice regarding any goods or services are fit for any particular purpose you may have for them. You must satisfy yourself that goods or services you wish to order are appropriate for your requirements.
Purchases of, and requests for, any goods or services made through the Website are subject to our Sale Terms. Our usual Sale Terms can be accessed here. If other sale terms apply to any particular goods or services, you will be advised about that before you agree to acquire the goods or services.
If you create or are provided with an account with us (if we make such a service available to you), you must provide us information that is accurate and complete. If any of information in your account becomes out of date you must promptly update the information in your account.
You are responsible for all activity that occurs using your account, unless the activity was not conducted or authorised by you and occurred due to our wilful or wrongful conduct, negligence or failure to comply with these Website Use Terms.
You must keep any security credentials (eg a username and/or password) required for access to your account confidential and secure.
If you become aware of any actual or suspected unauthorised use of your account, or you believe your security credentials have or may have been stolen or compromised in any way or are or may be known by any person other than you, you must immediately notify us, change your security credentials, and provide us with any information and assistance we reasonably require.
We may suspend or terminate and delete your account at any time, including without notice to you, if we reasonably believe you have breached these Website Use Terms or for any other reason in our absolute discretion.
To avoid any doubt, any suspension or termination of your account is without prejudice to any accrued rights or obligations, and these Website Use Terms continue to apply even if we have suspended or terminated your account.
Things you must not do
You must not:
- disclose your security credentials (eg a username and/or password) for any account you have with us with anyone, or let anyone else access or use your account, or do anything which might put the security of your account at risk;
- communicate any other person’s personal information or confidential information, or anything which incorporates someone else’s intellectual property, to us without their authorisation;
- impersonate another person, use or present a fake identity, or misrepresent that you have any association with any organisation or group, in connection with your use of the Website (including any account associated with the Website);
- upload or install malicious software to, attempt to gain unauthorised access to, or interfere with the security or integrity of, the Website or our information technology systems or networks;
- do anything which unreasonably interferes with the operation of the Website;
- copy, reproduce, alter, publish, distribute, rent, communicate, adapt, translate, or use in any way, any content on the Website except with the permission of the copyright owner;
- copy, reproduce, reverse assemble or reverse compile the Website or any part of it by any means or in any form;
- publish or post on any website, or other online location, any hyperlink to a web page or other online location that is part of the Website other than a hyperlink to the home page of the Website (except with our written consent);
- publish or post on any website, or other online location, any hyperlink to a web page or other online location that is part of the Website which uses any method or mechanism of linking which results in the web page or other online location appearing to be part of a website or internet location other than the Website; or
- access or use the Website if that would be unlawful under, or prohibited by, any law which applies to you.
You must not:
- choose or use a username for any account associated with access to the Website or any other service we provide (if you are able to choose your username);
- communicate anything via the Website or any account you have with us;
- communicate anything to us (via the Website or any account you have with us or otherwise); or
- publish or post on any website, or other online location, any hyperlink to the Website if that other website or location contains content, which:
- is not in conformity with accepted standards of public decency and good taste; or
- will or is reasonably likely to expose us to any legal liability, including for defamation or intellectual property rights infringement.
Use of material
If you communicate any material to us, you grant us a non-exclusive, royalty-free, licence to copy, communicate and use in any way (including translate, adapt, amend, assign, and sub-licence) that material, anywhere in the world, in any way we consider reasonably necessary or appropriate for the purpose of providing you with any information, goods or services.
Intellectual property rights in the Website, including its content, features and functionality, are owned or licensed by us. For the avoidance of doubt, we do not grant you any right to copy, communicate or use in any way any intellectual property used in connection with the Website, and nothing in these Website Use Terms gives you any right or interest in any intellectual property. Our trademarks and trade dress may not be used in connection with any person (including any company or other legal entity), goods or services without our written consent.
If you acquire goods or services from us, you grant us a non-exclusive, royalty-free, worldwide licence to identify you, including in promotional materials, media releases, publications and advertisements in any format, as having acquired our goods or services.
You agree to indemnify us and our successors and assigns, and our related bodies corporate, officers, employees, agents and contractors, from and against all actions, claims, demands, damages, loss (including loss of business profits, revenue, opportunity, goodwill, or anticipatory profits or business interruption, loss of data or any indirect or consequential loss), costs (including legal costs actually incurred), expenses and other liabilities, directly or indirectly suffered or incurred as a result of your breach of these Website Use Terms, any applicable law or the rights of any other person (including any company or other legal entity), whether or not legal proceedings are instituted and, if such proceedings are instituted, irrespective of the means, manner or nature of any settlement, compromise or determination.
Nothing in these Website Use Terms excludes, restricts or modifies any condition, warranty, guarantee (including consumer guarantee), right or liability implied in these Website Use Terms or provided or protected by law to the extent that such exclusion, restriction or modification would render these Website Use Terms or any provision of these Website Use Terms void, illegal or unenforceable.
Any guarantee (including consumer guarantee), condition, warranty or other right which otherwise would be implied in these Website Use Terms, or provided by any law, in relation to any information, goods or services we may supply, is excluded (except to the extent any such exclusion is not permitted by law).
In respect of any goods or services supplied by us which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, to the extent we have any liability for breach of any consumer guarantee under the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), our liability for breach (other than breach of a guarantee conferred by sections 51 to 53 (inclusive) of the Australian Consumer Law) is limited to any one of the following as determined by us (except if and to the extent you establish that reliance on this clause would not be fair and reasonable):
- if and to the extent the breach relates to goods: repair or replacement of the goods, the supply of equivalent goods, or payment of the cost of repairing or replacing the goods or of acquiring equivalent goods; and
- if and to the extent the breach relates to services: supply of the services again or payment of the cost of having the services supplied again.
To the maximum extent permitted by law:
- we are not liable for any failure to comply with these Website Use Terms where that failure is due to circumstances beyond our reasonable control;
- we are not liable for loss of business profits, revenue, opportunity, goodwill or anticipatory profits, loss or damage due to business interruption or due to loss, disruption or disclosure of data, or any indirect or consequential loss or damage, however caused (including through negligence or wilful misconduct), which you may directly or indirectly suffer or incur in connection with your access to or use of the Website (including reliance on any contents of the Website) or our failure to comply with these Website Use Terms: and
- to the extent no other term or law applies to exclude or limit our liability, our liability for any damages and loss of any nature whatsoever (including direct loss and damage, loss of business profits, revenue, opportunity, goodwill or anticipatory profits, loss or damage due to business interruption or due to loss, disruption or disclosure of data, and any indirect or consequential loss or damage) and costs (including legal costs) and expenses, however caused (including through negligence and/or wilful misconduct), which you may directly or indirectly suffer or incur in connection with your access to or use of the Website (including reliance on any contents of the Website), or our failure to comply with these Website Use Terms, is limited to a maximum of, in the aggregate in respect of all claims by you taken together, $100.
We have the right, at our sole discretion, to modify (including replace) these Website Use Terms at any time. Modifications to these Website Use Terms will be effective immediately upon posting on the Website. It is your responsibility to check for any changes to our Website Use Terms. If you do not agree with any changes to our Website Use Terms (or if you are under 18 years old and your parent or guardian does not agree with you being bound by the modified Website Use Terms), you must immediately stop using the Website. Your continued use of the Website following the posting of any modified Website Use Terms will be deemed to represent your agreement to be bound by the Website Use Terms as modified.
If we waive any rights available to us under these Website Use Terms on one occasion, that does not mean those rights are, or will be, waived on any other occasion.
If any of these Website Use Terms are held to be invalid, unenforceable or illegal for any reason, in any jurisdiction:
- in that jurisdiction, the remaining terms will nevertheless continue in full force and effect; and
- the validity and enforceability of the term in any other jurisdiction will not be affected.
The provisions of these Website Use Terms which are capable of surviving termination of these Website Use Terms will survive such termination. Termination of these Website Use Terms, and termination of access to, or the unavailability of, the Website, will be without prejudice to any accrued rights and obligations.
These Website Use Terms constitute the entire agreement between us regarding the Website, and supersede and replace any prior agreements we had with you regarding the Website.
These Website Use Terms shall be governed and construed in accordance with the laws of the State of Queensland and the Commonwealth of Australia. You irrevocably submit to the jurisdiction of the courts of the State of Queensland and the Commonwealth of Australia to hear and determine any claim, suit, action or dispute arising out of or in connection with these Website Use Terms (including as to their validity).