Terms and Conditions

Please read these Terms and Conditions of Use of 360Athlete.com.au carefully. By using this website, you have indicated your acceptance of these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use of 360Athlete.com.au, then you should cease to access, view or otherwise use 360Athlete.com.au [Emery and Hermann Pty Ltd] trading as 360 Athlete (“360 Athlete”) maintains this website for the use of its clients and potential clients. Your use of 360Athlete.com.au is subject to these Terms and Conditions of Use.

Intellectual property information

Unless otherwise indicated, 360 Athlete claims any and all copyrights, and all other relevant intellectual property rights in the content published and contained on 360Athlete.com.au. All content published on 360Athlete.com.au is for your own personal and non-commercial use and may not be copied, published or redistributed without prior written permission from 360 Athlete .

Use of 360Athlete.com.au and its content

360 Athlete makes no representations or warranties, either express or implied, that the information or content found on this website is in any way effective or accurate. The information found or contained on 360Athlete.com.au shall not be considered advice or a prescription for physical activity, and you hereby agree to undertake any and all activities discussed, depicted or demonstrated on 360Athlete.com.au at your own risk. You should consult with a medical practitioner before undertaking any activity discussed, depicted or demonstrated on 360Athlete.com.au.

Further, you hereby agree to hold 360 Athlete , its directors, officers, employees, agents and assigns harmless for any and all injuries, either physical or financial, that may result from the use of 360Athlete.com.au. Under no circumstances shall 360 Athlete , its directors, officers, employees, agents, and assigns be liable for any loss, claim, damage allegation, debt, cause of action, liability, proceeding, suit or demand of any nature whatsoever that results from the use of, or the inability to use this 360Athlete.com.au, the content of or the information contained on 360Athlete.com.au. Nor shall 360 Athlete its directors, officers, employees, agents, and assigns be liable under any circumstances whatsoever for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use 360Athlete.com.au, the content of or the information contained on 360Athlete.com.au.

All conditions and warranties (express or implied, statutory or otherwise) and other obligations and liabilities 360 Athlete , including but not limited to warranties and conditions of fitness for purpose and satisfactory quality, are hereby excluded and negated to the fullest extent permitted by law, except where such exclusion is prohibited by law including, without limitation, in relation to any consumer guarantees under the Competition and Consumer Act 2010 (Cth).

The liability of 360 Athlete for any breach of any statutory guarantee or any condition, warranty or other obligation which is implied into this Agreement by the Competition and Consumer Act 2010 (Cth) or any other applicable legislation for the time being in force which cannot be excluded by agreement, shall not exceed, if permitted by law, at 360 Athlete option:

 

(a) in the case of the supply of goods:

(i) the replacement of the goods or the supply of equivalent goods; or

(ii) the repair of the goods; or

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; or

 

(b) in the case of the supply of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

 

For the avoidance of doubt, nothing in this Agreement shall operate to exclude or restrict a party’s liability where such exclusion or restriction is prohibited by law including, without limitation, in relation to any consumer guarantees under the Competition and Consumer Act 2010 (Cth).

If notwithstanding the above, if 360 Athlete is held liable to any party using, viewing or interacting with 360Athlete.com.au for any reason in connection with this Agreement, whether grounded in contract, negligence or other tortious conduct, equity, statute or otherwise, unless prohibited by law the aggregate liability of 360 Athlete in respect of all liabilities under this Agreement shall be capped at any fees received from the claimant in the preceding 6 months to the claim.

The liability of a party (First Party) under this Agreement shall be reduced proportionately to the extent the other party’s act or omission or any failure by it to comply with its obligations under this Agreement causes or contributes to (whether negligently or otherwise), directly or indirectly, the loss or damage for which the First Party is liable.

Additionally, 360 Athlete makes no representations or warranties that the information found on 360Athlete.com.au or that the products sold on 360Athlete.com.au are appropriate, fit for purpose or of a satisfactory quality.

Links to Third Party Websites

This website may contain links to websites that are not under the control or affiliated with 360 Athlete . These links are provided as a convenience and 360 Athlete is not responsible for the content or information contained on any linked website or the actions of those who may have provided the linked website to 360 Athlete . Any website accessed from 360Athlete.com.au is independent from 360Athlete.com.au, and 360 Athlete has no control over the content of that website. Further, a link to a non-360Athlete.com.au website does not imply that 360 Athlete endorses or accepts any responsibility for the content found therein or the use of that website.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by 360 Athlete of that third party or any product or service provided by a third party.

Enforcement of Terms and Conditions of Use

These Terms and Conditions of Use are governed and interpreted pursuant to the laws of New South Wales. All disputes arising out of or relating to these Terms and Conditions of Use or your use of 360Athlete.com.au shall be under the jurisdiction of the Courts of New South Wales.

If any part of these Terms and Conditions of Use are unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. 360 Athlete may, at its sole discretion and without notice, revise these terms and conditions of use at any time by updating this posting them to 360Athlete.com.au

Policy Updates

360 Athlete may update these Terms and Conditions of Use at any time and without notice.

Entire Agreement

These Terms and Conditions of Use represent entire between the parties relating to the subject matter herein and shall not be modified except by a new posting of terms and conditions of use to 360 Athlete , as described above.

Privacy Policy

This policy covers how 360 Athlete treats personal information that the company collects and receives through your use of the website 360Athlete.com.au. Personal information is information that is personally identifiable, and that is not otherwise publically available. This policy does not apply to the practices of any websites and/or company that you may be directed to via 360Athlete.com.au that 360 Athlete does not own or control, or to people that 360 Athlete does not employ or manage. By using this website, you indicate your acceptance of the terms of this privacy policy. If you do not accept the terms of this privacy policy, then do not access, view or otherwise use 360Athlete.com.au

Collecting Information

360 Athlete collects personal information from you, including but not limited to health information, when you access 360Athlete.com.au register with 360Athlete.com.au and/or subscribe to subscription-based content provided by 360Athlete.com.au. 360 Athlete does not rent, sell, or share personal information about you with other people or non-affiliated companies and/or individuals without your express written permission, unless required by the laws of Australia. All information collected about you in the process of your registering with 360Athlete.com.au or subscribing to 360Athlete.com.au subscription only content shall be kept private and confidential and only employees and/or agents of 360 Athlete who reasonably need access to your personal information shall have access to your personal information.

Policy Updates

360 Athlete may update this privacy without notice and any time.

Effective Date

This privacy policy is effective as of 1st February 2014.