Terms

TERMS OF USE – PLEASE READ

 

dynamoathletic.com.au REQUIRES CONSIDERATION FOR AND AS A CONDITION OF ALLOWING YOU ACCESS.  READING AND ACCEPTING THE TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY POLICY OF dynamoathletic.com.au ARE REQUIRED CONSIDERATIONS FOR dynamoathletic.com.au GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.BY VIEWING, VISITING, USING, OR INTERACTING WITH dynamoathletic.com.au OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF dynamoathletic.com.au.

ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO dynamoathletic.com.au. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR INTERACT WITH dynamoathletic.com.au OR ITS CONTENTS IN ANY MANNER. dynamoathletic.com.au SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998.  dynamoathletic.com.au RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, dynamoathletic.com.au IS ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER USES.

THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW dynamoathletic.com.au, TO KEEP THEMSELVES INFORMED OF CHANGES.

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

USE OF INFORMATION FROM THIS WEBSITE

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Nothing. Visitor agrees to liquidated damages in the amount of USD $100,000 in addition to costs and actual damages for breach of this provision. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

HYPERLINKING TO SITE, CO-BRANDING, “FRAMING” AND REFERENCING SITE PROHIBITED

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, you are not allowed to reference the url (website address) of this website in any commercial or non-commercial media without express permission, nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You hereby agree to liquidated damages of USD $100,000.00 plus costs and actual damages for violating this provision.

BLOG

All content provided on the blog page is for informational purposes only.  Dynamo Athletic Performance Centre makes no representations as to the accuracy or completeness of any information or opinions posted or found by following any links. The Dynamo Athletic Performance Centre will not be liable for any errors or omissions in this information nor for the availability of this information. Dynamo Athletic Performance Centre will not be liable for any losses, injuries, or damages from the posting, display or use of this information.

Please do not submit any unsolicited confidential, secret or proprietary information or material through the Blog, by email or in any other way.  Any materials submitted or sent to us on or through the Blog will be deemed not to be confidential or secret, and may be used in any manner

You agree that, while using this Blog, you will not upload, post or transmit to or distribute or otherwise publish through the Blog any materials that:

  • are protected by copyright, or other proprietary or intellectual property right, without first obtaining permission from the proprietary or intellectual property rights holder.
  • are unlawful, threatening, harassing, profane, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy or hateful;
  • constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or
  • contain a virus, spyware, or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

You also agree that, in submitting any materials to this Blog, you will not:

  • impersonate any person or entity or misrepresent your affiliation with any person or entity
  • offer to buy or sell any product or service on or through your comments submitted to our Blog
  • engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users, contact information or other information, or send chain letters or pyramid schemes via the Blog; or
  • obtain or attempt to obtain unauthorized access to other computer systems, materials or information through any means. You agree that you will not use the Blog in any manner that could damage, disable, overburden, or impair the Blog or interfere with any other party’s use and enjoyment of the Blog. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Blog.

These terms and conditions of use are subject to change at anytime and without notice.  Opinions posts are solely the responsibility of the person posting the information.

Any user or website visitor making any posting to this blog acknowledges these terms and conditions of use and by use infer that they have read and understood the Blog Terms and Conditions Policy.

DISCLAIMER FOR CONTENTS OF SITEThe website disclaims any responsibility for the accuracy of the content of this website. Visitors assume the all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

LIMITATION OF LIABILITY

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

INDEMNIFICATION

Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.

SUBMISSIONS

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

NOTICE

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

DISPUTES

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

The seat of arbitration shall be Gold Coast, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one. The arbitration shall be conducted under the rules of the ACICA, who’s website is http://acica.org.au

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

JURISDICTION AND VENUE

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the Gold Coast, QLD, Australia. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the Gold Coast, QLD, Australia.

APPLICABLE LAW

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of the QLD, Australia.

CONTACT INFORMATION

The Seller of this product is: Mailing address:

Dynamo Athletic Performance Centre

1/52 Topham Rd Smeaton Grange 2567
Contact Email: enquiry@dynamoathletic.com.au, All Rights Reserved.