Website Terms
Last Updated: January 2022
1. Your acceptance
a. This website (Website) is owned and operated by Narre Warren Kyokushin Karate Associ Inc. (Association) and is hosted on a server in the United States of America. These are the terms on which the Association permits users to access and use the Website, including services and functionality made available through it, and information, graphics, images, comment, text, or other material on it (Content).
b. You agree to be bound by these Terms by using, browsing or accessing the Website or any Content.
c. The Association may from time to time review and update these Terms, including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Content
a. The Association may, but is not obliged to, monitor, block, modify or remove any Content without notice, and will not be liable in any way for doing so. The Content is subject to change at any time without notice and may contain errors.
b. The Content is for general information purposes only, and your use of, or reliance on, it is at your sole risk. The Association does not warrant or make any representations as to any Content or any third party products or services described or referred to on the Website. While care has been taken in preparing the Content, neither the Association nor any of its employees, directors, officers, agents, suppliers or contractors will be liable for any loss or damage, resulting from use of or reliance on the Content, or for its accuracy, currency and completeness.
c. You are solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any such Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy and is accurate, current and complete.
d. Any complaint regarding Content must be in writing to the Association, whose sole obligation will be to review the complaint and, if it sees fit, in its sole discretion, modify or remove the particular Content.
3. Links
a. The Website may contain links to other websites. The Association provides those links for your convenience only, as a ready reference for searching related content on the internet. The Association does not endorse (and is not responsible or liable for) those websites, their operators, functionality, content or the goods and services that they describe or make available.
b. Other web sites which are linked to the Website (including Twitter, Google, Facebook, YouTube or Instagram) are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk and subject to those third party terms and conditions and privacy policies. The Association is not responsible for and will not be liable in respect of any incorrect link to an external web site.
c. You are not permitted to frame the Website without the Association's prior written permission.
4. Access and communication
a. Subject to any applicable law which cannot be excluded (including under the Australian Consumer Law), the Association does not warrant that you will have continuous access to the Website. The Association will not be liable if the Website is unavailable due to computer downtime. The Association may at any time modify, discontinue, temporarily suspend or permanently remove this Website, any/all of the Content, or your access to this Website, with or without notice, for any reason (including, but not limited to, security reasons or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms). We will not be liable to you or any third party for any such modification, suspension or discontinuance.
b. The Association does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and the Association does not guarantee the security or confidentiality of these communications or the security of the Website.
c. The Association does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility or liability for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
5. Privacy
Any personal information submitted by you to the Association is subject to and will be handled in accordance with The Association's privacy policy (Privacy Policy). The Privacy Policy (as amended from time to time) forms part of these Terms and is set out here. You agree that, by using the Website or communicating with the Association, you have read the Privacy Policy, understood its contents, consented to its requirements and agreed to its terms.
6. Intellectual property
a. All intellectual property rights, including copyright and patents, in the Website and its Content, the Association's goods and services, and all components of them are owned or licensed by the Association unless otherwise indicated. You must not copy, modify or transmit any part of the Website except as permitted in clause 6(b) below.
b. Subject to the restrictions specified in clause 8, you may save, print and reproduce pages from the Website (but not excerpts from pages) solely for your personal information, research or study, but you must not modify those copies and you must include the Association's copyright notice "© Narre Warren Kyokushin Karate Assoc Inc." on all copies.
c. The Website contains trademarks, logos, service names and trade names the Association or third parties which may be registered or otherwise protected by law. These include the Association's logo. You may not use any brand, name or logo appearing on the Website.
7. Website licence and use
The Association grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to the Association will be treated as non-confidential and non-proprietary information.
8. Prohibited uses
In using the Website you must not:
a. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;
b. impersonate or falsely claim to represent a person or organisation;
c. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy, confidentiality and publicity;
d. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
e. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
9. Disclaimer of warranties and limitation of liability
a. The Association does not provide you with legal, financial or other advice through the Website or the Content. You should obtain independent legal and financial advice before acting or relying on any Content or functionality of the Website.
b. The Association utilises up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. However, the Association does not guarantee or warrant that the Content, this Website, the servers on which it operates, or any third party website will be free from viruses, worms, “Trojan horses,” or other destructive materials. The association is not responsible or liable for any damages or harm caused by such features and neither it nor any of its partners or third party suppliers warrant that this Website, any third party website or any function of either of them will be uninterrupted, secure or error-free, or that defects will be corrected. Any downloading by you of any product, service or Content through use of this Website or any third party website is undertaken at your sole risk and you will be solely responsible for (and should take your own precautions against) any resulting damage to your computer system or loss of data.
c. To the fullest extent permitted by law and subject to any applicable law that cannot be excluded:
The Association will not be liable for any direct, indirect, incidental, consequential or special damages (including, but not limited to, any lost profit or anticipated savings) arising out of or in connection with the Website, Content, conduct of any user, links to/from the Website and goods and services advertised or accessible through the Website (together, “Claim Subject Matter”);
The Association excludes all warranties, whether express, statutory or implied, relating to the Claim Subject Matter, including any warranties or representations concerning availability, quality, completeness, accuracy, suitability, acceptability or fitness for purpose; and
to the extent any of the foregoing is unenforceable or inapplicable, The Association's liability in respect of the Claim Subject Matter is limited to either (i) resupplying the relevant Content, product, service or functionality or (ii) AUD$100, whichever the Association sees fit to provide.
10. Indemnity
You will fully indemnify the Association in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings in each case of any kind and howsoever arising, in connection with any breach of these Terms by you, unauthorised use of the Website or Content by (or allowed by) you, or your communications with the Association (including any uploading by you of Content).
11. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
12. Severability
Each provision of these Terms is severable and no severance of a provision will affect any other provision.
13. Contacting us
If you have questions about the Website, the Terms or Privacy Policy, please contact us.