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Representative School Sport

Terms and Conditions

QUEENSLAND GOVERNMENT DEPARTMENT OF EDUCATION - representative school sport online shop: Website terms and conditions

IMPORTANT NOTICE - BY CLICKING I AGREE BELOW, YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT WITH THE STATE OF QUEENSLAND ACTING THROUGH THE DEPARTMENT OF EDUCATION (ABN 76 337 613 647). 

LIMITATION OF LIABILITY - UNDER THIS CONTRACT, TO THE EXTENT PERMITTED BY LAW, WE LIMIT OUR LIABILITY TO YOU FOR DAMAGE OR LOSS SUFFERED BY YOU AS A RESULT OF USING THIS SITE OR THE PRODUCTS YOU OBTAIN THROUGH THIS SITE. FURTHER DETAILS ARE BELOW.

LEGAL NOTICE - THE TERMS AND CONDITIONS BELOW ARE LEGALLY BINDING ON YOU AND US. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

1. Definitions and interpretations

cookie means an electronic file which is placed on your device automatically to retain your preferences for this online shop so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users.

Product means a product available to you to purchase in this online shop.

site means the equipment, programs, services and systems provided by us or our service providers to allow you to use this online shop.

terms and conditions means the terms and conditions set out in this document comprising sections 1 - 24.

we, us and our means the State of Queensland acting through the Department of Education ABN 76 337 613 647 and our successors.

you and your means the legal entity or entities using this online shop, and includes an individual.

Capitalised phrases used in this Contract denote important terms. Words in red colour are not meant to be read as part of this Contract - they indicate important terms.

2. Contract 

This contract comprises these terms and conditions and the following Department of Education standard website provisions, which are incorporated into this Contract by reference (Contract):

To the extent of any inconsistency between these terms and conditions, and the above Department of Education standard website provisions, these terms and conditions will prevail.

3. Changes to the Contract

We have the right to change, add to or discontinue all or part of this Contract or any feature or functionality or any Product of this online shop at any time at our discretion by posting the changes online. It is your responsibility to ensure you are aware of any changes to this Contract or the online shop each time you visit this online shop. Any changes to these terms and conditions take effect immediately and will apply to your use of this online shop from that date on. Your continued access to or use of this online shop after any changes to these Terms and Conditions indicates that you have read, understood and agreed to those changes.

If you do not accept the changes, you may terminate this Contract immediately by notifying us by email to FinancialBusinessSystems@qed.qld.gov.au.

4. Term and termination

This Contract commences on the date that you agree to it by clicking on 'I Agree'. You acknowledge and agree that you have read and understood these terms and conditions.

This Contract remains on foot until it is terminated according to its terms.

Either you or us can terminate this Contract by notifying the other party by email to FinancialBusinessSystems@qed.qld.gov.au. Once a party has terminated this Contract, each party has no further obligations under it. We will fulfil any outstanding orders upon termination. 

5. Access Credentials

You may be required to supply some personal details to confirm your identity to apply for access to purchase Products from this online shop.   

If you login to this online shop using a username and password (Access Credential), then you agree to:

  1. keep your Access Credential confidential and secure;
  2. not disclose your Access Credential to any other person;
  3. not permit any other person to use your Access Credential;
  4. immediately change your Access Credential if you believe that those details have been compromised; and
  5. not access or seek to access this site using another person’s Access Credential.

You agree that we may deem that all access to the online store and transactions undertaken using your Access Credential were undertaken by you, even if they were not undertaken by you.  We will not be liable for any loss or damage that you may incur as a result of someone else using your Access Credential, either with or without your knowledge or consent.

Any failure by you to keep your Access Credential secure may result in unauthorised transactions being undertaken or unauthorised access to and use of your personal information which is available through this online shop.

6. Acceptable Use Policy (AUP)

You may access and use this online store and website, subject to the terms and conditions of this Contract. In using this online shop, you agree not to use or access this online shop or website:

  1. for any dishonest, fraudulent, misleading or malicious purposes;
  2. to impersonate or falsely represent any other person or entity;
  3. to undertake transactions on behalf of another person or entity without their explicit authority; 
  4. to access the personal information of any other person without their explicit authority;
  5. to post or transmit to or from this online shop any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law; and
  6. to spam or distribute malware.

You acknowledge and agree:

  1. use of the online shop is for your personal use or business operations only;
  2. you may be required to indicate your acceptance and approval of information contained in any forms you submit online;
  3. we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form;
  4. an electronic record made by us of any transactions you perform using this online shop is a true representation of your use of this online shop site;
  5. to use this online shop only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of this online shop by any third party. This includes using another person’s personal information or Access Credential to undertake transactions through, or to access personal information stored on, this online shop.

We may cancel your access to this site and terminate this Contract at any time and for any reason, including if we believe:

  1. you have performed an unauthorised transaction,
  2. you have breached this AUP or any term or condition of the Contract, or
  3. you are no longer eligible or authorised to access this online shop.

We may change the terms of this AUP at any time. If you do not agree to a change, you may terminate this Contract and your access to the online shop by sending an email to FinancialBusinessSystems@qed.qld.gov.au.

7. Buying Products

The Products available on this online shop have been identified as relevant to participating in the representative school sport program.  Products may be available that are required for participation in the required team event, along with Product items available for team officials and supporters. 

All orders will constitute an offer to us, and will be subject to acceptance by us. You cannot modify or cancel an order after acceptance by us, except with our prior written consent.

All specifications, drawings, particulars and dimensions relevant to Products are approximate only. Except as set out in this Contract , we make no representation or warranty about the specifications, description, performance or availability of any Product.

You must inspect the Product immediately on receipt and must immediately give written notice to us of any claim if the Product is defective, supplied in error, or if there are any discrepancies (including providing particulars of the claim).

If you fail to give written notice as above, then to the extent permitted by law, the Product is deemed to have been accepted by you in accordance with the provisions of this Contract. 

Codes – Discount codes, access codes and sports codes

This online shop uses a range of codes to enable specific users to view catalogue items relevant to them.  You will be advised by your local representative school sport office if you require a code. This will be via team information. The use of the codes is tracked by the representative school sport office and must not be disclosed to any other person.  We reserve the right to cancel your order if you are not entitled to use the code.

Prices

Prices for all products on this online shop are in Australian dollars (AU$) and include GST (10%). We reserve the right to change pricing on any Product without further notice.

Levies

For some sports, levies may be payable. You must pay the levy according to the relevant sport. 

Payments

Payment must be made up front for all orders. Payments can be made using Visa or Master Card debit or credit cards through the EWay payment gateway. Upfront credit or debit card payments for goods are free of a surcharge. Credit or debit card statements will include the GST amount.

We will provide a tax invoice for all dispatched orders.

Receipt/tax invoice of payments associated with using this online shop will refer to the relevant representative school sport office, as a trading name of the Department of Education. 

In using this online shop, you agree to abide by the terms and conditions imposed by your financial institution, and pay the amount(s) and associated fees in relation to the transaction(s) you authorise on this online shop. In the event of a failure to do so, you duly authorise us to reverse the transaction in question and to treat the incident as if it did not occur and we do not accept liability for any loss or damage you incur in relation to the status of the service arising from your failure to pay relevant amount(s) and associated fees.

You are responsible for ensuring that any payments you make by credit or debit card are made only using a valid card.  If you pay by debit or credit card, you are responsible for ensuring that you have sufficient funds in your account for the payment.

We may change available Products from time to time. We do not guarantee the availability of any Product, or size or colour of any Product.

Delivery Methods

Each representative school sport office has their individual delivery methods in place.  At check-out, the options available for that office will be displayed.  If you have any questions in relation to delivery, please contact your local representative school sport office.

Any delivery time we give to you is an estimate only. We are not liable to you for any loss arising from late delivery.

Returns/refunds

Defective Products are subject to the manufacturer's warranty and the Statutory Guarantees (see section 12 below). 

Other return and refund policies are available from your representative school sport office.

8. Title

Until you have paid all amounts owing to us (and all cheques or negotiable instruments if any have been paid), title to and property in the Products does not pass to you.

Risk in the Product transfers to you upon you taking possession of the Product.

9.  No Endorsement

You acknowledge and agree that we make no endorsement of any Product available from this online shop. 

10. Implied Terms

Each Product has a manufacturer's warranty. You must take all warranty issues to the manufacturer, according to the manufacturer's warranty.

We acknowledge that, under applicable State, Territory and Commonwealth laws (including the Australian Consumer Law under the Competition and Consumer Act), certain statutory express and implied guarantees and warranties (including the statutory guarantees under the Competition and Consumer Act) may be implied into this Contract (Statutory Guarantees).

We further acknowledge that nothing in this Contract purports to modify or exclude the Statutory Guarantees.

11. Warranties and representations

Our warranties

Except as expressly set out in this Contract or in respect of any applicable Statutory Guarantees, we make no warranties or other representations under this Contract. Our liability in respect of such warranties or representations is limited to the fullest extent permitted by law. In particular, we do not warrant or represent:

  1. that your system will meet the minimum requirements (as applicable from time to time) to enable your access to or use of this online shop;
  2. that this online shop is free from any viruses or defects;
  3. that your use of this online shop will be continuous and uninterrupted;
  4. that this online shop is appropriate or available for use in countries outside Australia; and
  5. that the operator or content of any other website which you may access through this site is accurate, reliable or appropriate in any way (please consult our disclaimer for further details).

Your access to and use of this online shop depends on telecommunications and internet service providers and other external factors and we do not guarantee any minimum speed of transmission of data or availability of this online shop at all times or at any specific times.

We will not be liable to you or third parties for:

  1. your system’s incapacity in using this online shop;
  2. interruptions or delays to this online shop whether beyond our control or not;
  3. any non-compliance with foreign and local laws if you use this online shop outside Australia; or
  4. your use of other websites which you may access through this online shop including in relation to contracting viruses, worms, trojan horses and other items of a destructive nature,

except to the extent, if any, where we may not be able to lawfully exclude such liability.

Your warranties 

By accessing or using this online shop, you represent and warrant that you have the legal authority and capacity to enter this Contract on behalf of yourself or any person or entity that you represent in connection with your use of this online shop.  You should notify any person or entity that you represent of the terms of this Contract and its obligations under this Contract.

12. Limitation of liability

You acknowledge and agree that:

Statutory Guarantees - our liability for a breach of any applicable Statutory Guarantee in relation to the supply of a Product is limited, at our option, to:

(a)        REPAIR / REPLACEMENT - the repair of the Product, or replacement of the Product if it fails to be of acceptable quality and the failure does not amount to a major failure;

(b)        SUPPLY - the supply of equivalent Product; or

(c)        COSTS - the payment of the costs of repairing or replacing the Product or of acquiring an equivalent Product.

IMPORTANT TERM - SUBJECT TO THE ABOVE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND WHATEVER, HOWEVER CAUSED (EVEN IF DUE TO THE NEGLIGENCE OF US), WHICH MAY BE SUFFERED BY YOU IN CONNECTION WITH THE USE OF THIS ONLINE SHOP OR THE SUPPLY OF PRODUCTS UNDER THIS CONTRACT; AND

WE WILL NOT BE HELD LIABLE FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF OPPORTUNITY, LOSS OF BUSINESS OR LOSS OF PROFITS.

13. Minimum system requirements

When you access a secure part of this online shop, your transaction across the internet is protected by secure sockets layer (SSL) encryption. SSL is an industry standard for secure transactions. If your browser does not support SSL, you will not be able to access this online shop.

We use cookies to keep track of what you put into your shopping basket. When you access this online shop, a cookie from our web server is placed on your computer automatically. If you wish to use this facility you will need to accept cookies. If you have configured your browser to reject all cookies, however, you will still be able to view information only pages on this site. If you wish to enable cookies you may need to change your internet browser configuration. Refer to the help functions of your browser.

14. Provision of information

You agree to provide true and correct information to us and you declare that all information you provide is true and correct.  You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

It is your responsibility to verify that all transaction details are correct before you complete the transaction.  We will not be liable to you or any third parties for any loss or damage suffered as a result of the inaccuracy or incompleteness of information provided by you or for any action taken by us in reliance on that information.

15. Privacy

Privacy Statement: The Department of Education is collecting your personal information, including information about your child in accordance with the Education (General Provisions) Act 2006 (Qld), Financial Accountability Act 2009 (Qld), and Financial and Performance Management Standard 2009 (Qld) in accordance with the Information Privacy Act 2009 (Qld), in order to process representative school sport transactions. Your personal information will only be accessed by authorised staff in our representative school sport offices, finance branch and our approved team officials. Your personal information may be provided to authorised third parties to assist us with resolving service requests. Your personal information will not be provided to any other person without your consent, unless required by law.  Further information on how we handle your personal information is set out in our privacy policy available here - https://www.qld.gov.au/legal/privacy

Refund form Privacy Statement

We collect your personal information and banking information in accordance with the Education (General Provisions) Act 2006 (Qld), Financial Accountability Act 2009 (Qld), and Financial and Performance Management Standard 2009 (Qld) in accordance with the Information Privacy Act 2009 (Qld), in order to process your refund. Your personal information and banking information will only be accessed by authorised staff in our representative school sport offices and finance branch. Your personal information and banking information will not be provided to any other person without your consent, unless required by law.  Further information on how we handle your personal information is set out in our privacy policy available here - https://www.qld.gov.au/legal/privacy

European General Data Protection Regulation 2016/679

If you are a user or visitor from the European Economic Area these rights may also apply to you: 

We are a data controller of your personal information for the purposes of the the General Data Protection Regulation 2016/679 (GDPR). 

Your rights under the GDPR 

Under certain circumstances, the GDPR grants you certain rights in relation to your personal information. In summary, you have the right to:

  • request access to your personal information (known as a data subject access request). 
  • request rectification of incomplete or inaccurate personal information that we hold about you. 
  • request erasure of your personal information. We must comply unless there is a reason for us to continue to hold and process it.
  • object to processing of your personal information in certain circumstances, for example, if you feel our processing impacts on your fundamental rights and freedoms. 
  • request restriction of processing of your personal information. 
  • request the transfer of your personal information to you or to a third party.
  • withdraw your consent if we are relying on consent to process your personal information.

To exercise any of the above rights please contact us as per the contact details below. 

16. Security

Though we make every reasonable effort to ensure the safety and security of our representative school sport online shop and the information you submit to and from this website, we cannot guarantee said safety and security. 

17. Law

This agreement shall be governed by and interpreted in accordance with the laws of the State of Queensland, Australia.  You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

Each party must comply with all applicable laws, regulations and statutory instruments, in performing its obligations and exercising its rights under this Contract. 

18. Entire agreement

This Contract constitutes the whole Contract between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

19. Force Majeure

Neither party shall be held liable for any damage sustained by the other party as a direct or indirect consequence of the non-performing party being delayed in or prevented from performing its obligations under this Agreement as a result of a force majeure event. Force majeure events may include fire, hurricane, flood, storm, riot, terrorist acts, acts of war, government or other embargoes or restrictions on shipping or transport and other acts outside of the control of the affected party. 

20. Assignment

You must not assign any of your rights or obligations under this Contract without our prior written consent.

We may assign or novate our rights and obligations under this Contract to another entity without your permission. You agree to sign all forms required to effect such transfer. 

21. Intellectual Property Rights

All copyright and other intellectual property rights in the online shop and website are the property of us or our licensors and no ownership will vest in you whatsoever.

You acknowledge and agree that you will obtain no ownership right, title or interest in the intellectual property rights in, and to, the online store or website, which will remain the exclusive property of their owner.

22. Waiver

None of these terms and conditions will be taken to be waived except by written notice signed by you and us.

23. Severability

If any of these terms and conditions are held to be void, invalid, unenforceable or illegal for any reason, that term will be severed from these terms and conditions without affecting the enforceability of the remaining terms.

24. Contact

If you have any questions regarding our terms and conditions, please email FinancialBusinessSystems@qed.qld.gov.au

If you have any questions regarding the online shop, please contact your local representative school sport office.

 

Last Updated: Wednesday, 26 August 2020