Clubmart

Website Terms and Conditions

(For $1,000 Giveaway Competition Terms and Conditions, see bottom section)

Before you use or purchase any goods from www.clubmart.com.au (the Website) it is important that you carefully read these terms and conditions as they set out the legally binding terms and conditions for your use of the Website.

By accessing or using the Website, you unconditionally and irrevocably agree to be bound by these terms and conditions and our Privacy Policy If you do not agree to be bound by these terms and conditions and our Privacy Policy, then you should not access or use the Website.

We may change these terms and conditions at any time By continuing to use the Website, you agree to be bound by the changes.

A. Marketplace Platform

A.1 The Website operates as a marketplace platform that enables third party suppliers (sellers) to list and sell their products on the Website The relevant seller is indicated on the respective product detail page.

A.2 While ClubMart helps facilitate transactions that are carried out on the Website, ClubMart is neither the buyer nor the seller of the seller’s goods or services ClubMart provides a venue for sellers and buyers to complete transactions.

A.3 By purchasing goods from the Website, you are transacting directly with the seller and ClubMart does not control any aspect of the transaction, including the quality, shipping and delivery of the goods.

A.4 The contract formed at the completion of a sale on the Website is solely between the buyer and the seller ClubMart is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller’s agent The seller is responsible for the sale of their products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and the seller.

A.5 You acknowledge and agree that the Website is a platform for third party suppliers and therefore ClubMart is not responsible for any transactions that occur between you and a seller, nor is ClubMart in any way responsible for a seller’s goods or services.

A.6 The Website provides information about the goods and services supplied by third party sellers The information on the Website has been supplied to ClubMart by third party sellers and therefore ClubMart cannot be held liable or responsible in any way (except as required by law) for any errors, inaccuracies or incorrect information provided to us by third parties It is important that you undertake your own enquiries to ensure that any products or services purchased from the Website are suitable for your needs.

B. Use of the Website

B.1 We try to ensure the Website is available twenty-four hours a day However, we do not warrant that the Website will always be available without disruption We will not be liable to you if the Website is unavailable at any time or for any period.

B.2 We may change, suspend or discontinue any aspect of the Website at any time, including the layout and availability of the Website’s features or content without any prior notice or liability.

B.3 You are not permitted to use the Website or any of its materials for marketing purposes unless with our express written permission to do so.  Any links to third-party websites on the Website are provided for your conveniences only and we provide no warranties in relation to the content of any third-party websites and disclaim any liabilities for the use of these third-party websites.

B.4 You agree that you will not use any device, software, process or means to interfere or attempt to interfere with the proper working of the Website or do anything which is intended or reasonably likely to damage, impair, interrupt or interfere with the Website or the computer equipment on which the Website is hosted or where its databases and code are located.

C. Registration

C.1 Only clubs or schools that have registered an account with ClubMart are able to purchase goods and services from the Website and access certain parts of the Website Individual representatives of clubs and schools will be able to be linked to each club or school account.

C.2 When registering your club or school or individual representatives (including yourself), you shall provide us with personal information, including name, telephone number and email address You warrant and represent that all information you provide is accurate and current and that you are authorised and permitted to provide that information to us.

C.3 Upon registration of your club or school, each individual representative will be issued with a username and a password and it is each persons’ responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility. Registration and continuing access through your club or school account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

C.4 By registering and using the Website, you provide your express consent, permission and authority for us to send you direct marketing material and communications to each of the email addresses you provide to us You can unsubscribe from such material at any time.

D. Placing Orders

D.1 Once you have selected the Products you wish to order, you may be invited to submit your Order by clicking or selecting the “proceed”, “place my order”, “checkout” or similar button. You will then be required to make payment for your order It is therefore very important that you check all the information that you enter and correct any errors before proceeding.

D.2 On receipt of your order, it will be sent to the relevant seller together with your contact information. Any confirmation page that you may see on the Website or any order confirmation email that you receive merely indicates that your order has been received and is being processed by the seller. This does not necessarily mean that your order has been accepted by the seller. A seller has the discretion to reject orders at any time because of availability, logistic or operational reasons, weather conditions or for any other reason.

D.3 After your Order is submitted, it may not be amended or cancelled. You should contact us promptly if you wish to amend or cancel your order and we will endeavour to assist you with your amendment or cancellation however we make no guarantee that your request to amend or cancellation will be accepted by the relevant seller. If it is accepted, then administration fees or cancellation fees may be applied and you must pay for these fees before an amendment or cancellation can be accepted.

D.4 Sellers utilise their own shipping and distribution networks and may charge different rates for shipping with different delivery timeframes.

D.5 All prices shown on the Website are in Australian Dollars and unless otherwise stated, all prices are inclusive of any goods and services tax.

D.6 While we endeavour to regularly monitor and ensure all prices displayed on our Website are accurate and up to date, we make no guarantee to it and therefore we reserve the right to correct the prices subsequent to your order. You have the right to cancel your order if the prices displayed on our Website are incorrect.

D.7 If you make a payment via credit card, you agree that your payment will be processed via Stripe. We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card.

E. Limitation of Liability

E.1 To the maximum extent permitted by law, ClubMart shall not be liable for any direct, indirect, special, punitive, incidental, exemplary, contractual, or consequential damages, or any damages whatsoever of any kind, resulting from any loss arising out of or in any way connected with the use of the Website.

E.2 You agree to indemnify and render harmless ClubMart and its applicable affiliates, officers, directors, agents, and employees, from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, incurred by ClubMart as a result of:

  • (a) claim that any information that you provided or upload on the Website or made available on our Website, its use, storage, reproduction or communication, infringes another person’s rights;
  • (b) information, or Products purchased or sold on the Website; and
  • (c) breach by you of your obligations under these Terms and Conditions or as a result of any use of the Website.

F. General

F.1 This agreement is governed by and interpreted in accordance with the laws of New South Wales, Australia You unconditionally and irrevocably consent to the exclusive jurisdiction of the Courts of that state.

F.2 If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not effect the validity and enforceability of any remaining provisions.

F.3 If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Terms for Sellers

These additional terms apply when you are offering goods and services for sale on the Website. By offering to supply goods or services on the Website you agree to be bound by these terms.

1. Listing

1.1 Once you are registered with a ClubMart account, you may list your goods and services on the Website. When listing your goods and services, you may include information such as:

  • a brief description
  • photograph or image
  • availability
  • shipping or deliver costs

2. Orders

2.1 We will send you an email when an order is received. The email will contain information to enable you to complete and process the order.

2.2 It is your responsibility to ensure all goods and services are delivered safely. We take no responsibility for the delivery of your goods and services.

2.3 If upon receiving an order, you are unable to supply the goods or services ordered, you must inform us as soon as possible. You are also required to provide a reason for your inability to supply the Products.

3. Fees

3.1 We will charge you a fee for our services, being a percentage of the total amount (GST inclusive) of an order Our fee will be reviewed from time to time. We will notify you when the fees change.

4. Intellectual Property

4.1 You unconditionally represent and warrant to us that:

  • (a) you own or are authorised or licenced to use all the content, photographs, images, trade marks, logos, or any other works that are featured on the Website for your goods and services (the Materials); and
  • (b) the use of the Materials on the Website does not infringe the intellectual property or other rights of any third parties.

4.2 You will at all times indemnify, and keep indemnified, ClubMart together with its directors, officers, employees and agents, from and against any loss (including legal costs and expenses) arising directly or indirectly out of any claim, demand, suit, action,  or proceeding made against in respect of use of any of the Materials on the website.

5. Disclaimer

5.1 The Website provides a platform that enables you to advertise and sell your goods and services to sporting clubs and schoolThe agreement to supply and purchase your goods and services is a contractual arrangement directly between you and the club or school.

5.2 ClubMart does not act as your agent in relation to the goods and services you advertise for sale on our Website. We are not a party to any contractual relationship between you and a club or school, even if the Website facilitates an order for your Products.

6. Termination

6.1 In addition to any other rights we may have, we may refuse, revoke or suspend at any time at our absolute discretion your access to the Website where:

  • (a) your listings of goods and services on our Website contains any material that infringes any law, applicable regulations or the rights of any person or entity, including any copyright, trade secret, privacy right or any other intellectual property or proprietary right;
  • (b) you are supplying information or materials which are in our sole opinion, not reasonable and not for the purpose of the Website;
  • (c) you are supplying misleading or inaccurate descriptions of your goods and services;
  • (d) you engage in conduct which is unethical;
  • (e) you are in material breach of our Terms and Condition, including these Terms for Sellers;
  • (f) you use a false identity; or
  • (g) you otherwise misuse the Website.

 

 

$1,000 Giveaway Competition Terms and Conditions

 

Your entry into ClubMart’s $1,000 Giveaway Competition (the Competition) is deemed acceptance of the following Terms and Conditions. Information on how to enter the Competition and the Prize form part of these Terms and Conditions.

Who Can Enter

  1. The Competition is open to local community sporting Clubs and Schools in Australia.
  2. Employees and immediate families of ClubMart Pty Ltd (the Promoter) and associated Clubs and Schools are not eligible to enter the Competition. Immediate family includes: spouse, ex-spouse, defacto spouse, child or step-child (including by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
  3. By entering the Competition, you warrant that you meet the entry requirements and accept all conditions detailed in these Terms and Conditions.
  4. The Promoter reserves the right, in its sole discretion, to disqualify any individual deemed by the Promoter to be ineligible to enter the Competition, who has breached any of these Terms and Conditions or who has engaged in unlawful or improper misconduct compromising the fair and just running of the Competition.
  5. The Promoter reserves the right to verify the validity of any entry or individual entering the Competition at any time.
  6. Unless otherwise stated in these Terms and Conditions, you are not required to purchase any goods or products from the Promoter in order to enter the Competition. Purchasing goods or products will not increase your chances of winning.

How to Enter

  1. The Competition commences on 5 February 2021 and closes on 31 March 2021 at 6.00 p.m. Australian Eastern Daylight Savings Time (the Competition Period).
  2. Entries must be received within the Competition Period.
  3. To enter the Competition, eligible clubs and schools within Australia must register at www.clubmart.com.au by completing the registration process at clubmart.com.au/register.
  4. Multiple entries are not permitted. A maximum of one (1) entry per club or school is permitted in total.
  5. Late, incomplete, indecipherable, discriminatory or otherwise offensive entries will be deemed invalid and may be disqualified.

The Prize

  1. The Prize (the Prize) is one thousand Australian dollars (AU$1,000) to be spent by the winning Club or School on any goods or services available at the ClubMart platform (clubmart.com.au).
  2. The winning Club or School will notify ClubMart Pty Ltd of the goods or services it wishes to purchase from the ClubMart platform that total AU$1,000 (inclusive of GST and shipping costs). ClubMart Pty Ltd will then make the payment for the Club or School to order those goods or services.
  3. The total Prize pool is valued at AU$1,000. The Prize, or any portion of the Prize, is not transferrable or exchangeable and cannot be redeemed for cash.
  4. Additional costs, including shipping costs, and any other ancillary costs resulting from acceptance of the Prize that are not stated as inclusions are not included as part of the Prize and are the responsibility of the winner.
  5. The Prize must be redeemed within 6 months of the draw date.

The Prize Draw and Judging Process

  1. The Prize draw will take place on 17 April 2021 at 00 p.m. (the Draw Date).
  2. The first valid entry to be drawn by computer-generated, random selection will be deemed the winner of the Competition (the Prize Winner).
  3. The odds of winning the Prize will depend on the number of eligible entries submitted.
  4. The Prize Winner will be notified via email within 48 hours of the Draw Date. Upon acceptance of the Prize, the Prize Winner's name will be published on the Promoter’s website at clubmart.com.au and may be published on the Promoter’s social media profiles.
  5. The Promoter's decision is final and no correspondence will be entered into.
  6. Please note that third parties may also have terms and conditions that apply to the Prize. Prize Winners must review and agree to any terms and conditions provided by the third parties in order to redeem or participate in the Prize.

Liability and Release

  1. Your entry into the Competition, confirms that you own all necessary rights to provide the intellectual property constituting your entry.
  2. As a condition of entering the Competition, you hereby grant the Promoter, the supplier and their affiliates irrevocable, royalty-free rights to reproduce, modify and republish any material created as a result of entry into the Competition, including but not limited to your competition entry, photographs, sound recordings and video recordings and acknowledge you will not be entitled to any fee for such use.
  3. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia.
  4. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook and/or Instagram and the Prize Winner fully releases Facebook and/or Instagram from any liability.
  5. The Prize Winner may be required to enter into a deed of release in the form prescribed by the Promoter. The Prize Winner acknowledges and agrees that a failure to enter into this deed may result in the Prize being forfeited.

Personal Information

  1. Any personal information submitted to the Promoters will be held in accordance with the Privacy Act 1998 (Cth). The Promoter may disclose personal information of entrants to suppliers and affiliates in order to administer or otherwise run the Competition.
  2. Personal information collected during the Competition Period may be used for direct marketing purposes.
  3. All personal information will be handled in accordance with the Promoter's Privacy Policy available here clubmart.com.au/privacy-policy.

Promoter Information

  1. The Promoter is ClubMart Pty Ltd (ABN 90 635 074 627). You can contact the Promoter by email at admin@clubmart.com.au.