Last updated: November 13, 2020
Please read these terms and conditions carefully before using Our WGC Website.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: South Australia, Australia
- Waikerie Gliding Club (referred to as either “the WGC”, “We”, “Us” or “Our” in this Agreement) refers to Waikerie Gliding Club, Sir Donald Anderson Drive Waikerie, 5330 South Australia.
- Device means any device that can access the WGC Website such as a computer, a cellphone or a digital tablet.
- WGC Website refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the WGC regarding the use of the WGC Website. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media WGC Website means any WGC Websites or content (including data, information, products or WGC Websites) provided by a third-party that may be displayed, included or made available by the WGC Website.
- Website refers to Waikerie Gliding Club’s website, accessible from https://www.waikerieglidingclub.com.au
- You means the individual accessing or using the WGC Website, or the WGC, or other legal entity on behalf of which such individual is accessing or using the WGC Website, as applicable.
These are the Terms and Conditions governing the use of this WGC Website and the agreement that operates between You and the WGC. These Terms and Conditions set out the rights and obligations of all users regarding the use of the WGC Website.
Your access to and use of the WGC Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the WGC Website.
By accessing or using the WGC Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the WGC Website.
You represent that you are over the age of 18. The WGC does not permit those under 18 to use the WGC Website.
Links to Other Websites
Our WGC Website may contain links to third-party web sites or WGC Websites that are not owned or controlled by the WGC.
The WGC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or WGC Websites. You further acknowledge and agree that the WGC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or WGC Websites available on or through any such web sites or WGC Websites.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or WGC Websites that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the WGC Website will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the WGC and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the WGC Website or 100 AUD if You haven’t purchased anything through the WGC Website.
To the maximum extent permitted by applicable law, in no event shall the WGC or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the WGC Website, third-party software and/or third-party hardware used with the WGC Website, or otherwise in connection with any provision of this Terms), even if the WGC or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The WGC Website is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the WGC, on its own behalf and on behalf of its Affiliates and its and their respective licensors and WGC Website providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the WGC Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the WGC provides no warranty or undertaking, and makes no representation of any kind that the WGC Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or WGC Websites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the WGC nor any of the WGC’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the WGC Website, or the information, content, and materials or products included thereon; (ii) that the WGC Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the WGC Website; or (iv) that the WGC Website, its servers, the content, or e-mails sent from or on behalf of the WGC are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the WGC Website. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the WGC Website, You agree to first try to resolve the dispute informally by contacting the WGC.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to you on our WGC Website.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our WGC Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the WGC Website.
If you have any questions about these Terms and Conditions, You can contact us:
By email: email@example.com