Terms and Conditions
	The www.ubtc.com.au website is operated by Upper Beaconsfield Tennis Club Incorporated ("we" or "Upper Beaconsfield Tennis Club") (ABN 61 257 191 051). From time to time, Upper Beaconsfield Tennis Club may make services available via the www.ubtc.com.au website, such as messaging services and Online Services ("www.ubtc.com.au services"). These www.ubtc.com.au services, and the www.ubtc.com.au website, will be collectively referred to as "www.ubtc.com.au" in these terms. Your access to and use of www.ubtc.com.au is subject to these terms, Upper Beaconsfield Tennis Club's Privacy Statement and the www.ubtc.com.au Copyright and Trade Mark Notice ("Terms of Use"), whether or not you become a member of www.ubtc.com.au. Prior to using www.ubtc.com.au, you should read and understand the Terms of Use. Unless expressly stated otherwise in these terms, www.ubtc.com.au is for residents of Australia only. 1 What you must do 1.1 You must use www.ubtc.com.au in accordance with the Terms of Use. 1.2 You may use a security credential ("Member ID") to access www.ubtc.com.au. The Member ID could take the form of a username and password, a digital certificate or another security-related technology. We may require you to use a different type of Member ID to access different parts of www.ubtc.com.au. The Member ID may be used only for the purposes of accessing www.ubtc.com.au, adding acceptible content and accessing protected member information and using the www.ubtc.com.au messaging services made available from www.ubtc.com.au. Any other use of your Member ID is prohibited. 1.3 If you are under 18 years of age, and do not have a Upper Beaconsfield Tennis Club account, you must obtain a parent/guardian's consent prior to using www.ubtc.com.au. 1.4 If you are using www.ubtc.com.au on behalf of another person ("Authorising Person"; for example, your employer, or the person you share a house with and in whose name the house's Upper Beaconsfield Tennis Club telephone service is registered), you must be authorised to: (a) use www.ubtc.com.au; and (b) enter into the Terms of Use, on behalf of the Authorising Person. 2 What you must not do 2.1 You must not: (a) use www.ubtc.com.au for any activities, or post or transmit to or via www.ubtc.com.au any information or materials, which breach any laws or regulations, infringe a third party's rights or privacy, or are contrary to any relevant standards or codes; (b) use www.ubtc.com.au in a way, or post to or transmit to or via www.ubtc.com.au any material, which interferes with other users or defames, harasses, threatens, menaces or offends any person or which inhibits any other user from using or enjoying www.ubtc.com.au; (c) use www.ubtc.com.au to send unsolicited commercial or bulk electronic mail messages to anyone; (d) make any fraudulent or speculative enquiries, bookings, reservations or requests using www.ubtc.com.au; (e) use another's Member ID or name without permission; (f) provide false information when registering or changing your www.ubtc.com.au registration details; (g) impersonate another person when using www.ubtc.com.au; (h) post to or transmit to or via www.ubtc.com.au any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings; (i) tamper with, hinder the operation of or make unauthorised modifications to www.ubtc.com.au; (j) knowingly transmit any virus or other disabling feature to or via www.ubtc.com.au; and (k) attempt any of the above acts or permit another person to do any of the above acts. (l) transmit, copy or provide unauthorised access to protected information, personal contact details or of the www.ubtc.com.au web site itself 3 Third Party Content 3.1 Many of the products and services offered for sale or advertised and much of the information provided via www.ubtc.com.au are the products, services and information of third parties. 3.2 The third party products, services and information are not provided or endorsed by us. Where it is apparent that products, services and information are not provided by us, your legal relationship in respect of those products, services and that information is with the third party supplier. 3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via www.ubtc.com.au. You should check with the third party supplier whether there are additional charges and terms which may apply. 3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on www.ubtc.com.au or accessible through a hyperlink on www.ubtc.com.au. You acknowledge and consent to us receiving the fees. 4 Prices and products and services are subject to change 4.1 All prices displayed and products and services offered for supply on www.ubtc.com.au are subject to change without notice. You should check the price of a product or service before placing an order for it. 5 Messaging Services 5.1 We may provide messaging services (eg Email Messaging, SMS Messaging) to selected members via www.ubtc.com.au. Upper Beaconsfield Tennis Club may make each of these messaging services available only to approved users of www.ubtc.com.au services or in accordance with other agreements with Upper Beaconsfield Tennis Club. If we introduce or revise eligibility criteria for a messaging service, the introduced or revised eligibility criteria will only apply to those who subsequently apply for the messaging service. 5.2 In addition to clauses 5.3 to 5.12 of these terms, we may create and vary (in accordance with clause 11) general procedures and limits concerning use of the messaging services, including without limitation the maximum size of any mail message that may be sent from or received by a messaging service, the maximum disk space that will be allotted on www.ubtc.com.au messaging servers on your behalf, the maximum amount of data or mail messages that may be sent from or received by a messaging service account and the maximum number of days that mail messages will be stored on www.ubtc.com.au messaging servers. 5.3 Delivery of all sent messages is not guaranteed, nor is notification of delivery failure. Best attempts will be made to deliver all authorised messaging and notification made if deliver is not successful. 5.12 From time to time, we may send you, and you authorise us to send you, some important mail messages about the messaging services. 6 Security 6.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the www.ubtc.com.au servers. In addition to the types of loss set out in clauses 9.4 and 9.5 for which we are not responsible, we are not responsible for any information you may lose if the www.ubtc.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the www.ubtc.com.au servers. 6.2 You must comply with all directions issued by Upper Beaconsfield Tennis Club relating to use of your Member ID and access to www.ubtc.com.au. You must not send or disclose any part of your Member ID that is meant to be confidential ("Confidential Component of your Member ID") (for example, the password component of your Member ID) to any other person or store it in a manner that would reasonably allow another person or entity to obtain access to it, except as specified in clause 6.3 below. If you choose to use a workplace email address to access www.ubtc.com.au, you are responsible for ensuring that such use complies with any rules, policies or protocols which apply to the use of the Internet in your workplace. 6.3 You must not keep the Confidential Component of your Member ID in a location where it is capable of being copied or used by any other person or disclose the Confidential Component of your Member ID to any other person, other than: (a) another person authorised by you to access and use www.ubtc.com.au on your behalf; or (b) another person authorised by the Authorising Person (for example, another employee) to access and use www.ubtc.com.au on their behalf, in each case provided that the other person ("Authorised Person") agrees to be bound by the Terms of Use. 6.4 Upper Beaconsfield Tennis Club is entitled to rely on your Member ID as evidence of your identity and authority for the purposes of www.ubtc.com.au (including, for example, for the purpose of making payments to Upper Beaconsfield Tennis Club using your credit card details, and for the purpose of nominating email addresses or phone numbers to which Upper Beaconsfield Tennis Club may send billing and payment information relating to your Upper Beaconsfield Tennis Club accounts). You are responsible for all use of www.ubtc.com.au and your Member ID where you have not complied with the Terms of Use. Other than by reference to a person's Member ID, Upper Beaconsfield Tennis Club cannot and does not verify that each person who accesses www.ubtc.com.au is in fact the person they say they are, or acts with the authority of the person whose Member ID they use. 6.5 You must immediately notify Upper Beaconsfield Tennis Club if you become aware: (a) that the Confidential Component of your Member ID has been compromised or is known by a third party (other than by an Authorised Person); or (b) of any unauthorised use of your Member ID. In the event that you notify us of either of these things, we will take reasonable steps to deactivate the Member ID and issue you with a new Member ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under the Terms of Use. 6.6 We will take reasonable steps to secure www.ubtc.com.au and the systems in our control that are used to access www.ubtc.com.au. However, the Internet is sometimes unreliable and is a difficult medium to secure. Upper Beaconsfield Tennis Club does not guarantee the security of www.ubtc.com.au or the systems (including the Internet and your hardware and software) used to access www.ubtc.com.au, or any information that passes through such systems. 7 Privacy 7.1 Upper Beaconsfield Tennis Club may use and provide personal information about you that is collected by Upper Beaconsfield Tennis Club on www.ubtc.com.au. The collection and provision of this information is subject to privacy laws. Upper Beaconsfield Tennis Club will comply with the Upper Beaconsfield Tennis Club Privacy Statement in dealing with any personal information provided by you via www.ubtc.com.au. UBTC Privacy Policy UBTC is committed to the protection of your personal information from the general public who are not registered to access UBTC Web Site. In general only registered users can view this site listing information about registered players of the site. However, there are times when we may need to request information from you. Any personal information you provide to UBTC will be used for those purposes which the information was gathered for as stated and related purposes which can be reasonably expected. UBTC will not disclose any personally identifiable information obtained from you to other non registered parties or for purposes other than those stated above, unless you provide your written consent to us, with the following exceptions: Where there are grounds to believe that disclosure is required in order to prevent a threat to health or life; where UBTC suspects that unlawful activity is or has been engaged in, such personal information may be used to investigate the suspected unlawful activity; or the use is authorised by law or reasonably necessary to enforce the law. On our behalf, Worx Design keeps track of the domains from which users visit us. Information that you provide through various means will be kept safe and secure within UBTC Web Site on a secure server. This site will from time to time contain links to other web sites. UBTC is not responsible for the privacy practices or the content of such web sites. Other information may be sent to your computer in the form of an internet cookie to allow our web server to better serve files to you by tailoring information. The cookie is stored on your hard drive. Our server may request that your computer may return a cookie to it. These return cookies do not contain any information supplied by you or any personally identifiable information about you. Cookies must be enabled for you to make purchases through this web site. At anytime, you may also notify us if you do not wish to receive marketing materials or other communications from UBTC. Please send an email to UBTC from the main page of the web site or contact one of the committie memebers. Should your contact details or address change, please inform us. If you have any queries or concerns about your personal information which UBTC maintains, please send the details of your query or concern in writing to UBTC Stoney Creek Rd Beaconsfield Upper, 3808 Thank you for taking the time to read this important statement. 7.2 We offer you the ability to access personal information under the Terms of Use, on the strict condition that you only do so for the sole purpose of accessing your own personal information or accessing personal information of the Authorising Person, as authorised by the Authorising Person. 7.3 To avoid doubt: (a) by authorising a person to use your Member ID under clause 6.3, you authorise Upper Beaconsfield Tennis Club to disclose to that person your personal information; and (b) by requesting via www.ubtc.com.au that Upper Beaconsfield Tennis Club send billing and payment information to a person's email address or phone number, you authorise Upper Beaconsfield Tennis Club to disclose to that person your personal information, in each case including information related to your Upper Beaconsfield Tennis Club billings and payments. 11 Change of the Terms of Use 11.1 We may change the Terms of Use by obtaining your consent or giving notice to you in accordance with this clause 11 and clause 13.2. The period of notice we will give you depends on the type of change. 11.2 If the change will benefit you, we can make the change immediately and are not required to notify you prior to the change. 11.3 If the change has a detrimental impact on you but is: (a) required by law; (b) necessary for security reasons; (c) to prevent fraud; or (d) for technical or infrastructure reasons, we will try to give you 3 days prior notice of the change. Sometimes, due to the nature of the change, we may not be able to give you 3 days prior notice but we will give you as much notice as we reasonably can. Notice may be provided to you in the manner set out in clause 13.2. 11.4 If we reasonably consider that the change will have a significant detrimental impact on the majority of our customers using www.ubtc.com.au or on a specific class of customers who use www.ubtc.com.au in a particular way (and you are one of this class), and the change is not of a type described under clause 11.3, we will give you at least 30 days' prior notice of the change. 11.5 If the change is not of a type described in clause 11.2, 11.3 or 11.4, we will give you at least 10 days' prior notice of the change. 11.6 If we change the Terms of Use under this clause 11, you may choose to stop using www.ubtc.com.au. Any use of www.ubtc.com.au after a change of the Terms of Use takes effect will be governed by the varied Terms of Use. 11.7 We do not have to notify you if we make changes to the www.ubtc.com.au website. 12 Termination 12.1 You may stop using www.ubtc.com.au at any time, for any reason. 12.2 We may stop making www.ubtc.com.au, or a part of www.ubtc.com.au available. Notice may be given in the manner set out in clause 13.2. 12.3 We may immediately suspend, terminate or limit your access to www.ubtc.com.au if: (a) you are in breach of the Terms of Use and (i) the breach is something which cannot be remedied, or (ii) you fail to remedy the breach within 30 days' of our written notice to you of that breach; (b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to www.ubtc.com.au; (c) the law requires us to do so; (d) we believe on reasonable grounds that providing access to www.ubtc.com.au to you is illegal or may become illegal; (e) the Australian Competition and Consumer Commission issues a competition notice relating to www.ubtc.com.au or we believe on reasonable grounds that it will do so; or (f) there is an emergency. 12.4 If you enter a contract for the supply of goods and/or services via www.ubtc.com.au, that contract will not be affected if Upper Beaconsfield Tennis Club stops making www.ubtc.com.au or part of www.ubtc.com.au available to you, unless the goods and/or services are supplied via www.ubtc.com.au. 13 Communication with you 13.1 As part of some www.ubtc.com.au services available via www.ubtc.com.au, we may communicate with you via email, or an SMS, or both, to an email address or a mobile phone number nominated by you. When we do this (except as set out in clause 13.2), the following will apply: (a) you are responsible for ensuring that your contact details for the online service/s are current, your email service or mobile phone account is operational and that you check your emails or mobile phone regularly for messages; (b) you must notify Upper Beaconsfield Tennis Club as soon as possible of any changes to your contact details for the online service/s using the online method provided by Upper Beaconsfield Tennis Club; (c) if Upper Beaconsfield Tennis Club receives an automated email non-delivery notification indicating you have not received an email that Upper Beaconsfield Tennis Club has sent you, Upper Beaconsfield Tennis Club will use reasonable endeavours to attempt to contact you using the other contact details that you submitted in your online service contact details, including non-electronic means, but does not guarantee that Upper Beaconsfield Tennis Club will be able to contact you. Upper Beaconsfield Tennis Club will not attempt to contact you via alternate means if Upper Beaconsfield Tennis Club receives an automated email non-delivery advice on a bill email notification sent by Upper Beaconsfield Tennis Club to you under clause 8.8. 13.2 Despite clause 13.1, for the purposes of clauses 11 and 12.2, we will give you notice by: (a) posting the content of the notice to www.ubtc.com.au; and 14 Use of your information and material 14.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via www.ubtc.com.au, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement. 15 Goods and Services Tax 15.1 If GST is imposed on any supply made by us through www.ubtc.com.au, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in the Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise. Last updated: 28 July 2005
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