Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this Website, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Website following the posting of changes to these terms (including our Privacy Statement), subject to our procedures for material changes to our Online Privacy Statement will mean you accept those changes.

SHIPPING AND DELIVERY
 Customers who select ‘No Signature Required’ give authority for their order to be left unattended at their delivery address. Sims Sports’ will only replace orders using this shipping method providing the order is proved lost in transit by our delivery company.

The delivery times provided by Sims Sports are estimates only. Sim Sports will not be held accountable for late deliveries or loss or damage relating to late deliveries.
The notes box in the checkout process cannot be used for added delivery instructions. Drivers are unable to grant specific requests such as “leave behind pot plant”. Sims Sports cannot be responsible for where the item/s are left. 

RESTRICTIONS ON USE OF MATERIALS
This Website is owned and operated by Sims Sports, its subsidiaries, or its affiliates (referred to as Sims Sports, "we," "us," or "our" herein). Except as otherwise permitted by these Terms of Use, no material from this Website or any Website owned, operated, licensed or controlled by Sims Sports may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may print one hard copy or download one copy of the materials on any single computer for your personal, noncommercial home use, or to place an order to purchase product from Sims Sports, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of Sims Sports. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

USE OF WIDGETS 

Our widgets are tools that you may place on your website to permit your visitors to access our Website (each, the "Widget"). Subject to your compliance with these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, personal, revocable license to use and display the Widget on your website solely for your own personal, non-commercial use. You may not use the Widget for any other purpose without our prior written consent, and nothing in these Terms of Use shall be deemed to grant you any right, title or interest in the Widget. In addition, you may not:
• Use the Widget to offer or promote, or otherwise use the Widget in association with, any products or services for sale.
• Use the Widget (or any content displayed in connection with or through it) in any manner that would constitute an endorsement by us of any Product, service, activity or brand contained on your website.
• Place the Widget on any website that includes content that is offensive, harassing, threatening, abusive, discriminatory, vulgar, pornographic or otherwise in appropriate, as determined by us in our sole discretion.
• Use the Widget in any manner that prevents the end user of your website from linking directly to the applicable page of our Website.
We reserve the right to discontinue providing any Widget at any time. We further reserve the right to direct you to cease displaying or otherwise using any Widget, for any or no reason and without liability to you or any third party.

ACCOUNTS
 
You may be required to create an account and specify a password to use certain features on our Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information.

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing enquiries@simssports.com.au. You agree to indemnify and hold harmless Sims Sports for losses incurred by Sims Sports or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.

CONTENT POSTED OR SUBMITTED BY YOU
Certain pages on the Website may allow you to post text, photographs, videos, audio, or other content ("Content"). Unless otherwise specified on a particular Website, you may only post Content to the Website if you are a resident of Australia and are thirteen (13) years of age or older. If you are a minor, you must have permission from your parent or legal guardian before you post any Content to this Website. You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person's parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Sims Sports. You may not post or distribute Content that is illegal or that violates these Terms of Use. By posting or distributing Content to the Website, you represent and warrant that (a) you own all the rights to the Content or are authorized to use and distribute the Content to the Website and (b) the Content does not and will not infringe any copyright, trademark, right of publicity, or any other third-party right nor violate any law or regulation.
By submitting or posting Content to the Website, you grant Sims Sports the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium. Once you submit or post Content to the Website, Sims Sports does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Sims Sports owns all right, title, and interest in any compilation, collective work, or other derivative work created by Sims Sports using or incorporating Content posted to the Website.
You are solely responsible for anything you may post on the Website and the consequences of posting anything on the Website.

CONTENT POSTED BY OTHER USERS 

Sims Sports is not responsible for, and does not endorse, Content in any posting made by other users on the Website. Under no circumstances shall Sims Sports be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any Content posted by a third party on the Website. If you become aware of misuse of the Website by any person, please contact Sims Sports us by emailing enquiries@ simssports.com.au or calling (03) 9375 1047. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

USE OF WEBSITE 

Impersonation of others, including a Sims Sports employee or representative, as well as another user is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, an invasion of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others for any other commercial online service or other organization.

You may not without the prior written permission of Sims Sports, use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; or flood this Website with electronic traffic designed to slow or stop its operation. You may not establish links to or from other websites to this Website without the prior written consent of Sims Sports.

ACTIVITIES PROHIBITED ON THE WEBSITE
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Website. Sims Sports reserves the right to investigate and take appropriate legal action against anyone who, in Sims Sports's sole discretion, engages in any of the prohibited activities.
Prohibited activities include - but are not limited to - the following:
7. Using the Website for any purpose in violation of local, state, or federal laws or regulations;
8. Posting Content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
9. Posting Content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Sims Sports in its sole discretion or pursuant to local community standards;
10. Posting Content that constitutes cyber-bullying, as determined by Sims Sports in its sole discretion;
11. Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior;
12. Posting telephone numbers, street addresses, or last names of any person;
13. Posting URLs to external websites or any form of HTML or programming code;
14. Posting anything that may be "spam," as determined by Sims Sports in its sole discretion;
15. Impersonating another person when posting Content;
16. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
17. Allowing any other person or entity to use your identification for posting or viewing comments;
18. Harassing, threatening, stalking, or abusing any person;
19. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the sole discretion of Sims Sports, exposes Sims Sports or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
20. Encouraging other people to engage in any prohibited activities as described herein.
Sims Sports reserves the right - but is not obligated - to do any or all of the following:
3. Investigate an allegation that any Content posted on the Website does not conform to these Terms of Use and determine in its sole discretion to remove or request the removal of the Content;
4. Remove Content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use;
5. Terminate a user's access to the Website upon any breach of these Terms of Use;
6. Monitor, edit, or disclose any Content on the Website; and
7. Edit or delete any Content posted on the Website, regardless of whether such Content violates these standards.

THIRD-PARTY COPYRIGHTS

If you believe any Content on the Website infringes your copyright, you may request removal of such Content (or access thereto) from this web Website by contacting Sims Sports as set forth below and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.
Send this information by mail to:
Sims Sports. 61 Puckle Street Moonee Ponds, VIC 3039 Australia.
In an effort to protect the rights of copyright owners, Sims Sports maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Website who are repeat infringers.

INTELLECTUAL PROPERTY

All content included on this Website, such as text, graphics, code, logos, button icons, images, audio clips, widgets and software, and the compilation of such content (i.e. collection, arrangement and assembly) is the exclusive property of Sims Sports or its suppliers and is protected by Australian and other copyright laws and international treaties. The content and software on this Website may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited. All other product names contained in this Website are trademarks or registered trademarks of their respective owners. The use or misuse of these trademarks except as expressly authorized is prohibited. Sims Sports enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, you may contact Sims Sports, 61 Puckle Street Moonee Ponds VIC 3039 Australia.
SUBMISSIONS TO Sims Sports
Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to Sims Sports through this Website becomes the exclusive property of Sims Sports, and Sims Sports is entitled to use the information submitted for any purpose without restriction or compensation to the user sending the submission. The user acknowledges the originality of any submission communicated to Sims Sports and accepts responsibility for its accuracy, appropriateness and legality.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Sims Sports be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of or the inability to use this Website or the performance of the Widgets or products, even if Sims Sports or authorized representatives of Sims Sports have been advised of the possibility of such damages. Some states do not permit limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Sims Sports's total liability to you for damages, losses and causes of action (whether in contract, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website.

INDEMNIFICATION
 
As a condition of use of this Website, you agree to indemnify, defend, and hold harmless Sims Sports, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Website or any Widget, including any claims alleging facts that if true would constitute a violation of these terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account.

TYPOGRAPHICAL ERRORS

In the event that a product sold is mistakenly listed at an incorrect price, Sims Sports reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Sims Sports shall issue a credit to your credit card account.