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Terms of use

The use of this website is subject to the following terms and conditions, and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website from time to time (together, "Terms of Use").  By using this website, you (being a "User") agree to be bound by the Terms of Use as updated from time to time.  If you do not agree with any of the terms contained in the Terms of Use, do not use this website. 

1. Use of this website

This website is operated by Huntingtower Swimming Club, Inc. (HTSC) and is designed to provide a place for Users to access and share information concerning HTSC, its activities and the sport of swimming in general.  The information and material on this website is provided for general informational purposes only.  Users access this website, and rely on the information and material contained in this website, at their own risk.

2. User-supplied content

HTSC may from time to time publish on the website content or material such as text, photos, images, audio and video (including links to content or material) which has been provided to it by Users for that purpose (Material).  By submitting Material to HTSC for publication on this website, Users:

  • grant HTSC a royalty free, perpetual, worldwide licence to (and to authorise others to) use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display such Material for the purposes of operating this website and providing any associated services to Users and any promotional purposes of HTSC (for example, HTSC may reproduce testimonials in promotional materials, which may or may not include the relevant user name);
  • consent to HTSC using and publishing (and authorising others to use and publish) their name, character, likeness, image, voice or anything else that identifies them which is contained in the Material for the above purposes; 
  • grant other Users a royalty free, perpetual, worldwide licence to use, copy and reproduce such Material for their own private, non-commercial use;
  • warrant that they are legally entitled to submit the Material to HTSC and have obtained all necessary licences, consents and approvals in relation to the Material (including intellectual property licences and in relation to the use of any name, character, likeness, image, voice or anything else that identifies any person that is included in the Material) to enable them to permit HTSC and Users to deal with the Material in accordance with the licences granted above; and
  • consent to any act or omission that would otherwise infringe their moral rights in the Material and present and future rights of a similar nature conferred by statute anywhere in the world.

3. No liability for misuse by third parties

HTSC does not warrant that Material submitted by Users for publication on this website will be protected against misuse by third parties.  In particular, HTSC is not responsible for the infringement of the copyright in Material by other Users.

4. Conduct of Users

Users must not use this website to:

  • conduct any illegal activity;
  • cause annoyance or inconvenience to any person including other Users; or
  • harvest information about Users for the purpose of sending, or to facilitate the sending of, unsolicited commercial electronic messages.

5. Disclaimer of warranties and representations

Except as required by law, HTSC gives no express or implied warranties or guarantees, and makes no representations, in relation to this website.  In particular, while care has been taken in creating this website, HTSC does not warrant or represent that:

  • the information or any material provided on this website is accurate, complete, up to date or suitable for any purpose;
  • this website itself is free from any computer viruses or other defects; or
  • User's access to this website will be continuous or uninterrupted.

6. Limitation of HTSC's Liability

Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, HTSC limits its liability, where it is entitled to do so, to the resupply of the relevant service, or paying the User the cost of that resupply.  Otherwise, to the maximum extent permitted by law, HTSC and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly in respect of any error, omission or misrepresentation in any information or material provided on this website or otherwise as a result of or in connection with the use of this website or any information or material provided on this website.

7. Links to third party websites

This website may contain links to other websites that are not operated or controlled by HTSC.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by HTSC.

HTSC is not responsible for the content of third party websites, which are not covered by the Terms of Use.  Users access those websites at their own risk.  Third party websites should have their own Terms of Use, which HTSC encourages Users to read.

8. Availability and Use

This website is designed for use within Australia only.  Users must ensure that their access to, and use of, this website, is not illegal or prohibited by laws which apply to them or in their location.

HTSC reserves the right to change or remove any feature of this website at any time.

9. Indemnity

Users indemnify HTSC in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by HTSC as a direct or indirect result of the User acting inconsistently with or breaching any part of the Terms of Use.

10. Age of Users

Users must be 18 years or over or otherwise use this website with parental or guardian consent. 

11. Copyright

Copyright in the material in this website is owned by HTSC or its licensors. 

Users may download information from this website and print out that information, but only for their own private, non-commercial use.  Otherwise, except as permitted by the Copyright Act 1968 (Cth), no part of this website (including any Material posted on this website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of HTSC.  Requests for consent should be directed to HTSC using the contact details provided on this website.

12. Jurisdiction

The content, operation and interpretation of this website and the Terms of Use will be governed by the laws of Victoria, Australia.  The User agrees to submit to the non-exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, this website.

13. Changes to these terms and conditions

HTSC may amend these terms and conditions from time to time by posting the amended version on this website.  Subsequent or continuing use of this website will constitute acceptance of any changes.

If any part of the Terms of Use is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

 

Last Updated February 2012

 

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  • Huntingtower Swimming Club
    Huntingtower Sports & Aquatic Centre
    77 Waimarie Drive
    Mount Waverley VIC 3149
  • 03 9831 9490 (swim lessons/coaching)
    0438 883 869 (general Club queries)