Terms and Conditions
1. About this website
(1) This website is published by Merewether Bowling Club (Trading as Merewether On The Green) (“Publisher”,"Merewether Bowling Club").
2. About Merewether Bowling Club
This website is owned and operated by Merewether Bowling Club ( Trading as Merewether On The Green ), ABN 86 001 040 062, operating from 23 Caldwell Street, Merewether, NSW. Telephone (02) 4963 1461. Email: firstname.lastname@example.org
3. Website Content
(1) The Publisher may, at any time, add or remove content from this website without notice.
(3) Although the Publisher uses its best endeavours to confirm the accuracy of any information published on this website, you agree that the Publisher cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to the Publisher or by manufacturers or suppliers changing product specifications without notice to Merewether Bowling Club or the Publisher. You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase.
(4) The information, materials and services in this website is provided for general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
(5) This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, the Publisher does not in any way represent that the Publisher recommends or endorses the relevant advertiser, its products or services.
(6) The Publisher nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. You, nor any other person, may hold the Publisher liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
(7) Merewether Bowling Club may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. The Publisher does not accept any responsibility in connection with your participation in activities conducted by any other party.
5. Your Use of the Website
(2) You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
(3) You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
(4) The Publisher may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
(5) The Publisher may in its sole discretion restrict your access to this website. If the Publisher does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. The Publisher will not be liable to you or any third party for doing so.
(6) As electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
6. Intellectual Property Rights
(2) Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. The Publisher makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
(3) You may view this website and its contents for personal and non commercial use only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of the Publisher or, in the case of third party material, from the owner of the copyright in that material.
(4) You may not modify or copy the layout or appearance of this website nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
(5) If you correspond or otherwise communicate with the Publisher, you automatically grant to the Publisher an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials, comments, letters and documents on this website.
7. Links to Other Websites
(2) The Publisher reserves the right to prevent third parties from linking to this website.
8. Secure Data and Transmissions
(1) Given the nature of the internet, the Publisher cannot guarantee that any data transmission is totally secure, free from viruses, fault or other conditions which could damage or interfere with your computer systems and the Publisher does not warrant that your access to the website will be uninterrupted, error free or that any defects will be corrected. Whilst the Publisher and its third parties take precautions to protect information, the Publisher does not warrant and cannot ensure the security of any content or information you transmit via the website. You therefore transmit to the website at your own risk. However, once the Publisher or its third party receives your transmission, the Publisher and its third parties will take reasonable steps to preserve its security. If you become aware of any problems with the security of the website, please contact our Web Administrator immediately.
(2) You must take your own precautions to ensure that the process which you use to access the website or any website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, neither the Publisher nor its third parties will accept any responsibility for any interference or damage to your own computer system which arises in connection with your use of this website, any website or any linked website.
(1) Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
10. Use of Your Information and Material
(1) The Publisher appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which this website may be improved or materials which may be added to this website. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of the Publisher. The Publisher may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.
We respect your privacy and are committed to handling your personal information in accordance with the Privacy Act 1988 (Cth) (the “Act”).
a) Collection of Your Personal Information
Your personal information is not collected if you only browse this website.
We and/or our third party service providers may collect your personal information:
(a) directly from you;
(b) when you register as a member of the website;
(c) when you place an order via the website;
(d) where you access and interact with the website; or
(e) from other sources.
The information collected may include your name, mailing or residential address, telephone number, email address and other transaction and registration details.
If you choose not to provide us with your personal information, we may not be able to provide the information, goods or the service you may require, or to fulfil one or more other purposes of collection of your personal information.
b) Use and Disclosure of Personal Information
You acknowledge and consent that by providing your personal information to us that we may use and disclose your personal information for the purposes for which it was collected or for a related or ancillary purpose such as:
(i) to facilitate and process your order;
(ii) to carry out or respond to your requests;
(iii) to our third party service providers to assist us in providing and improving our services to you;
(iv) for regulatory reporting and compliance with our legal obligations;
(v) to various regulatory bodies and law enforcement officials and agencies to protect against fraud and for related security purposes;
(vi) to seek your feedback in relation to customer satisfaction and our relationship with you;
(vii) to our successors and/or assigns;
Our third party service providers are organisations that include those that may assist us with banking, payment processing or technology services. Where we engage third party service providers to perform services for us those third parties may be required to handle your personal information. Under these circumstances those third parties must safeguard this information and must only use it for the purposes for which it was supplied, although we are not responsible for ensuring this.
Other than the above, we will not disclose your personal information without your consent unless disclosure is either necessary to prevent a threat to life or health, authorised or required by law, reasonably necessary to enforce the law or necessary to investigate a suspected unlawful activity.
c) Providing Personal Information About Another Person
You represent to us that where you provide personal information to us about another person, you are authorised to provide that information to us, and that you will inform that person who we are, how we use and disclose their information, and that they can gain access to that information;
d) Securing Your Personal Information
We and our third party service providers take reasonable steps to destroy or permanently de-identify your personal information where it is no longer required and to protect your personal information from unauthorised access, disclosure, loss, misuse and alteration.
e) Accuracy and Access to Personal Information
We take reasonable steps to ensure that the information we hold about you is accurate, complete and up-to-date. To assist us to do this, please provide us with the correct information and inform us if your details change. You may update your membership details at any time by contacting our club Secretary.
f) Linked Sites
Merewether Bowling Club may contain links to websites which are owned or operated by other parties. You should make your own enquiries as to the privacy policies of these parties. We are not responsible for information on, or the privacy practices of, such websites.
g) Transmission of Your Data
While care is taken to protect your personal information on the website, unfortunately no data transmission over the Internet is guaranteed as 100% secure. Accordingly, we cannot ensure or warrant the security of any information you send to us or receive from us online. This is particularly true for information you send to us via email as we have no way of protecting that information until it reaches us. Once we receive your personal information, we are required to protect it in accordance with the Act.
h) Changes to our Policy
i) Our Privacy Complaint Process
If you are concerned with the way your personal information has been handled, please contact or write to us. If your personal information has not been handled in an appropriate way, we will take steps to remedy your concerns in a reasonable time.
(1) Merewether Bowling Club and the Publisher make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this website or to its availability, functionality or performance, except as otherwise provided under any applicable law.
(2) Merewether Bowling Club and the Publisher do not accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside their control), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do they accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this website. To the maximum extent permitted by law, each of Merewether Bowling Club and the Publisher disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this website or the information that it contains.
(3) The use of the information on this website is at your own risk. To the extent permitted by law, Merewether Bowling Club and the Publisher exclude all liability of any of them in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, Merewether Bowling Club and the Publisher limit their liability to the re-supply of the relevant information or services.
(4) You agree to indemnify Merewether Bowling Club and the Publisher and other persons involved in the creation of this website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this website, any information that you provide via this website or any damage that you may cause to this website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
13. Governing Law and Jurisdiction
B. Terms and Conditions of Sale
1. About Merewether Bowling Club
(2) The goods and services described in this website are available from Merewether Bowling Club only, and will be available for you to make an offer to Merewether Bowling Club via the website to purchase at the specified price on or before the end date specified, or until otherwise removed from the website or as specified, and where Merewether Bowling Club accepts your offer, Merewether Bowling Club will sell the goods or services to you in accordance with these Terms.
(3) You and Merewether Bowling Club may enter into a sale contract for the sale and supply of products, by you making an offer to Merewether Bowling Club via the website, to purchase goods at the specified price, subject to these Terms.
(4) In these terms:
– “you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
– a reference to a “third party” in these terms includes a reference to any agent or contractor of Merewether Bowling Club, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
– a reference to the “website” means Merewether Bowling Club.
– “Order” means an offer made by you in response to an invitation to treat made by Merewether Bowling Club via the website.
2. User Agreement
(1) By accessing and/or using the website, you accept these terms and agree to be bound by them, and an agreement is formed between us and you.
(2) These Terms may be amended at any time without notice and your access to this website may be terminated at any time without notice. Your continued use of the website following such amendment of these Terms will represent an agreement by you to be bound by these Terms as amended. We recommend you review the terms for amendments each time you use the website and before placing any Order. Should we choose to provide you with notice of amended terms, you agree to receive email notification of the amendments from us or our third party.
3. Guests and Registered Users
(1) You may access and/or use the website as a guest or as a member.
(2) You must not use another members’ account without permission.
(3) You must keep your password secure as you are responsible for any activity on your account. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or account.
(4) If you forget your password you may click on the relevant link located on the website and we will email you a new password, or you may contact our web administrator.
(5) We reserve the right to terminate a member’s account without notice for any reason whatsoever including without limitation, if you have breached or we suspect you have breached these terms.
4. Products and Services
The products and services (“goods”) described in this website are available from Merewether Bowling Club only, and will be available for you to make an offer to Merewether Bowling Club via the website to purchase at the specified price until otherwise removed from the website or as specified, and where Merewether Bowling Club accepts your offer, Merewether Bowling Club will sell the goods or services to you in accordance with the Term and Conditions of Sale.
Merewether Bowling Club may offer to website users a range of goods.
(1) Please choose carefully as refunds are not normally provided where you have simply changed your mind, or made a wrong selection. We recommend you carefully preview any proposed Orders before proceeding with your Order.
(2) Representations of products for sale made by Merewether Bowling Club via the website do not constitute an offer to sell but an invitation to treat.
(3) You and Merewether Bowling Club may enter into a contract for the sale and supply of products by you making an offer via the website to purchase a product at the price advertised on the website by:
(i) placing an electronic Order for the products using the website;
(ii) you confirming the Order details in accordance with the procedure on the website;
(iii) you making payment in full (plus any applicable delivery charges) on the website; and
(iv) the acceptance of that offer by Merewether Bowling Club
(4) When entering into a sale contract via the website, you will be taken to have communicated your offer to purchase the product(s) only when:
(i) any requirements set out in these terms have been met;
(ii) Merewether Bowling Club receives in its account full payment from you for the product (including any applicable delivery and handling charges) and confirmation of that payment is received by Merewether Bowling Club .
(5) You acknowledge that:
(i) the transmission of your offer or the confirmation of any payment, made through an electronic instruction may not be received by Merewether Bowling Club for reasons beyond either parties’ reasonable control including but not limited to, electronic failure, mechanical, software, computer, or telecommunications, or the omission or failure of third party website providers or systems;
(ii) to the extent permitted by law, Merewether Bowling Club is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction through the website, or any failure to receive an electronic instruction for whatever reason;
(iii) Merewether Bowling Club may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
(iv) Merewether Bowling Club may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
(6) You will receive an acknowledgement from Merewether Bowling Club as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Club.
(7) If your Order is not accepted by Merewether Bowling Club , Merewether Bowling Club will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
(8) Merewether Bowling Club may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the price for, or description of, the products on the website, or an error in your Order.
(9) Any representations made about stock availabilities are accurate to the last known stock level and are subject to change. If Merewether Bowling Club cannot supply a particular product, Merewether Bowling Club will notify you by telephone or email as soon as possible.
(10) Merewether Bowling Club will be deemed to have accepted your Order on the first to occur of issue to you by email of a tax invoice for the sale and the fulfilment of your Order.
(1) Prices shown are in Australian dollars and include GST where applicable. Prices may not include delivery and handling charges. Prices are subject to change.
(2) Images of products shown without any advertised price beside that image are not offered for sale.
(3) Unless otherwise stated, any accessories shown in any image of products are not included in the price.
(4) We reserve the right to correct any errors published on the website.
(1) All payments must be made in full prior to delivery.
(2) Payments must be made via the Member Jungle secure payment gateway facilities accessible via the website and will be subject to any terms and conditions of Member Jungle and the underlying payment processor, Stripe Inc.
9. Supply and Delivery
(1) Subject to you complying with these Terms and acceptance of your Order by Merewether Bowling Club , Merewether Bowling Club will sell and supply the products to you as shown on your Order.
(2) Products may not be available for immediate delivery. Merewether Bowling Club will endeavour to deliver your Order to you within ten (10) days of the date you placed your Order.
(3) When you complete your Order you will be prompted to select whether you wish to collect your Order from Merewether Bowling Club , 23 Caldwell Street, Merewether, 2291 or to have the Order delivered to an address specified by you.
(4) If Merewether Bowling Club gives you notice that it will be unable to deliver your Order within 10 business days of receipt of your Order, due to lack of stock, you may cancel your Order without charge, and Merewether Bowling Club will arrange for a full refund of any payment made by you to be processed.
(5) Delivery times may be greater than 10 business days for regional or remote areas.
10. Delivery by Post or Carrier
(1) The terms of this clause apply where you select to have your goods delivered to a specified address.
(2) The delivery address must be an address within Australia and cannot be a freight forwarding location. Deliveries cannot be made to PO Boxes.
(3) Any additional costs for postage are not included in the price of goods and will be confirmed with you as part of the order prior to delivery.
(4) On acceptance of your Order by Merewether Bowling Club , your Order will be dispatched to your specified delivery address generally within 10 business days of the date you placed your Order.
(5) Merewether Bowling Club will use its best endeavours to deliver your Order within any stated timeframes for dispatch, however Merewether Bowling Club does not warrant that these timeframes will always be met, as many factors may affect these timeframes.
(6) Merewether Bowling Club cannot and will not accept responsibility for delivery failures or delays by our third party delivery contractor.
12. Title and risk in goods
Title and risk in the products, such as loss and damage, pass to you on delivery or collection, as the case may be.
13. Credit card fraud
To the extent permitted by law, Merewether Bowling Club will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card is fraudulently used or is used in an unauthorised manner.
14. Disclaimer and Indemnity
(1) To the extent permitted by law, Merewether Bowling Club exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
(a) errors, mistakes or inaccuracies on the website;
(b) you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
(c) personal injury or property damage of any kind resulting from your access or use of the website;
(d) any unauthorised access to or use of the websites secure servers;
(e) any interruption or cessation of transmission to or from the website;
(f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
(g) the quality or fitness for any purpose of any linked sites.
(2) Except as expressly provided in these terms, and to the fullest extent allowed by the law, Merewether Bowling Club and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
(3) You will at all times indemnify, and keep indemnified, Merewether Bowling Club , including their committee members, managers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms.
(4) This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
15. Order Enquiries
If you have any query about your Order please contact the Club. Please have your Order details handy as shown on the order or payment confirmation email.
16. Damaged or Faulty Products Warranty, Cancellation and Refund Policy
(1) If any product ordered by you arrives damaged or is not of acceptable quality you may have:
(a) rights under the Refund Policy;
(b) legal rights and remedies in Australia under the Competition and Consumer Act 2010 and other rights under other consumer laws applying in each Australian State and Territory; and/or
(c) to have the product repaired or replaced or to receive a refund of the price paid by you for the product.
(2) Please choose carefully as Merewether Bowling Club will generally not provide you with a refund or exchange simply because you changed your mind or the product was not what you expected.
(3) If your Order arrives damaged, please contact the Club Manager.
(4) For bowling only events, if you cancel more than 14 days prior to your event, your deposit can be refunded or transferred to another date. If you cancel within 14 days your deposit will not be refunded, but can be transferred to another date.
(5) For events with catering, if you cancel more than 14 days prior any prepayments will be refunded, or transferred to another date. If you cancel within 14 days payments will not be refunded, prepayment for other expenses can be transferred to another date. You will be charged for the agreed catering cost.
17. Privacy and Personal Information
(1) The privacy of your personal information is important to Merewether Bowling Club .
(2) Merewether Bowling Club and its third parties may collect personal information directly from you when you register as a member of the website, when you place an Order, or when you contact our Club. Personal information may include your name, residential and/or postal address, telephone number and email address.
(3) Your personal information is not collected if you only browse this website.
(4) Online payments are handled by Member Jungle and their underlying payment processor, Stripe. Merewether Bowling Club does not store your credit card or banking details. Please check the Member Jungle and Stripe Payments websites for details of their privacy policies and security measures.
(5) Each of Merewether Bowling Club and their authorised third parties, may use your personal information for the purposes for which you give it to any of them and for their own internal purposes. You agree that Merewether Bowling Club and/or its third party may use your email address to send you messages concerning your membership, any Orders you place and information about the products sold via the website that Merewether Bowling Club thinks may be of interest to you. If you would prefer not to receive promotional or other material from Merewether Bowling Club or its third parties, please let us know and Merewether Bowling Club will respect your request. You also agree that Merewether Bowling Club may contact you by telephone to arrange delivery or collection of your Order.
(6) You may request Merewether Bowling Club to remove your personal information from its database by emailing the Club.
(7) Should you have any questions concerning your privacy, please contact our Club.
18. Force Majeure
Merewether Bowling Club will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
19. Governing Law
(1) These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
(2) If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Merewether Bowling Club makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Merewether Bowling Club.
The failure by Merewether Bowling Club to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Merewether Bowling Club