General

Effective date of Terms of Service: 01/12/20

Please review the following Terms of Service (collectively with Hard.Courts Ordering Terms, the “Terms of Service” or “Terms”) that govern your use of, and purchase of, products from HardCourts.com.au (the “Site”).

Acceptance

Please note that your use of HardCourts.com.au, including but not limited to browsing the Site or the features, content, or applications offered by Hard.Courts (“we”, “us”, or “our”) constitutes your agreement to follow and be bound by those Terms. We may, from time to time, change the Terms that govern your use of HardCourts.com.au. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move, or delete portions of, or may add to, HardCourts.com.au from time to time without notice to you.

Certain services may be subject to additional terms and conditions specified by us, your use of such services is subject to those additional terms which are incorporated into these Terms of Service by this reference.

Site Contents

Definition

For purposes of these Terms of service, the term “Content” includes, without limitation, all materials including images, illustrations, designs, icons, photographs, video clips, written posts and comments, software, and other materials that appear as part of HardCourts.com.au copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Hard.Courts collectively, and its subsidiaries and/or affiliates ("Hard.Courts") that have been provided or otherwise made accessible through the Site. For the purposes of this Agreement, “Content” also includes all “User Content as defined below.

Hard.Courts as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Hard.Courts. The contents of the Site, and Hard.Courts as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our site) use by the users of HardCourts.com.au. You may download or copy the contents and other downloadable materials displayed on our Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Site or Content.

User Content

All Content created, added, submitted, or posted to the Site by users (collectively “User Content”), whether publicly or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all content is accurate and in compliance with applicable laws, rules, and regulations. You agree that no submission by you to HardCourts.com.au will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no submission by you to HardCourts.com.au will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any submission you make.

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to HardCourts.com.au on or by HardCourts.com.au or otherwise disclosed, submitted, or offered in connection with your use of HardCourts.com.au shall be and remain Hard.Courts's property. Such disclosure, submission, or offer of any submission shall constitute an assignment to HardCourts.com.au of all worldwide rights, titles, and interests in all copyrights and other intellectual properties. Thus, HardCourts.com.au will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any submission. HardCourts.com.au is and shall be under no obligation (i) to maintain any submission in confidence; (ii) to pay to user any compensation for any submission; or (iii) to respond to any user submission.

You agree that HardCourts.com.au may use and/or disclose information about your demographics and use of the HardCourts.com.au in any manner that does not reveal your identity. By participating in HardCourts.com.au sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that HardCourts.com.au may use your information for marketing and promotional purposes.

Links & Third Party Services

The Site may contain links to other websites or resources on the Internet, and other websites may contain links to our Site. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, legality, appropriateness, or any other aspect of such websites or resources. Any link to another site or any reference to information, products, or services supplied by third parties, in no way implies that HardCourts.com.au has given its approval concerning those sites or articles. The inclusion of any such link does not imply our endorsement. Any question or comment concerning any other site must be sent to that site's operator. No link with the Site is authorized without HardCourts.com.au’s prior written approval.

Termination

These Terms of Service are applicable to you upon your accessing the Site or completing the registration or shopping process. These Terms of Service, or any of them, may be terminated by HardCourts.com.au without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination. 

Indemnification

You agree to defend, indemnify, and hold HardCourts.com.au harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

Privacy Policy

This policy (“Privacy Policy”) describes how Hard.Courts collects and uses the information of its users. This Privacy Policy applies each time a user accesses the Hard.Courts Website and uses its services, regardless of whether or not a purchase is made. By using and accessing the Website or registering and/or making purchases on the Website, you accept the terms of this Privacy Policy.

When you use the Website, we may collect your personal information (data that personally identifies you), or aggregate information, concerning your use of the Website and your account activity (e.g., number and times of logins, most frequently visited pages, IP address, etc.), which does not personally identify you.

The Website uses Secure Socket Layer (SSL) software and similar encrypting systems to protect your information when you purchase products on the Website. Only employees, contractors and agents of the Website operator may access user information on a need to know basis. While we make reasonable efforts to ensure your information is processed and stored in a secure manner, we cannot guarantee the security of data transferred over the Internet and you assume the risk of any such transfer.

You may update, correct, or remove your personal information at any time by contacting us at hard.courtsx@gmail.com. We may ask that you identify yourself and the information you wish to change or delete for security purposes, and we will comply with your request as soon as reasonably possible. By removing some of your information, you may not be able to access some of the Website’s features. We may keep some of your personal information if required by law and/or for recordkeeping purposes.

Hard.Courts respects our customers' Account information as private and confidential information and will never share this information with any outside affiliations or individuals.

Hard.Courts Communicates to You

You agree that HardCourts.com.au may send electronic mail to you for the purpose of advising you of changes or additions to this HardCourts.com.au, about any of our products or services, or for such other purpose(s) as HardCourts.com.au deems appropriate.

Product Information

Most Hard.Courts products displayed on HardCourts.com.au are available in select stores in the Australia and around the world while supplies last. In some cases, merchandise displayed for sale may not be available in stores. The prices displayed at HardCourts.com.au are quoted in AUD Dollars and are valid and effective only in the Australia.

Product Availability

Although availability may be indicated on HardCourts.com.au, we cannot guarantee product availability and products, nonetheless, may not be available for immediate delivery. We reserve the right, without liability or prior notice, to revise, discontinue, or cease to make available any or all products or to cancel any order. In the event that a product you ordered becomes unavailable and will not be restocked, we will notify you immediately by email and we will not bill you for items that are not shipped. In the event that a product will be significantly delayed in delivery, we will contact you before processing your order.

Disclaimer

HardCourts.com.au and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.  You acknowledge, by your use of the site, that your use of the site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our site, and that HardCourts.com.au shall not be liable for any damages of any kind related to your use of this site.

Fraud Prevention

HardCourts.com.au is committed to maintaining the highest levels of security and protection against fraud. As a cardholder, it is your responsibility to ensure your account is being used ethically and honestly.

Please read our Terms of Service carefully before buying anything. Do not complete your purchase unless you agree to the policies stated in our Terms of Service.

We take chargebacks seriously. If you believe fraud has transpired and plan to issue a chargeback through your credit card holder, we ask that you first contact us to see if we can remedy the situation.

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