Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by SportMe & Co Pty Ltd, trading as Solinco Sports Australia & New Zealand. Throughout this website, the terms “we”, “us” and “our” refer to SportMe & Co Pty Ltd.
We provide this website, including all information, tools, products and services available through it, subject to your acceptance of the terms, conditions, policies and notices set out below.
By visiting our website and/or purchasing from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced in these Terms or made available by hyperlink.
These Terms apply to all users of the website, including browsers, customers, merchants, vendors and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the website or Service, you agree to be bound by these Terms. If you do not agree to these Terms, you should not access the website or use our Services.
Any new features, products, services or tools added to the website will also be subject to these Terms.
We may update, amend or replace any part of these Terms by publishing changes on this website. It is your responsibility to review the current version of these Terms from time to time. Your continued use of the website following the publication of changes constitutes acceptance of those changes.
Our online store is hosted by Shopify Inc., which provides the ecommerce platform used to sell our products and services.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants under your care to use this website.
You must not use our products, website or Services for any unlawful or unauthorised purpose, or violate any applicable laws while using the Service.
You must not transmit viruses, worms, malicious code or other material that may interfere with the operation or security of the website or Service.
A breach of these Terms may result in immediate termination of your access to our Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to any person where reasonably necessary and permitted by law.
You understand that content you provide to us, excluding payment information, may be transferred across various networks and may be modified where technically necessary to meet network or device requirements. Payment information is encrypted during transmission.
You must not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, access to the Service, or contact through the website without our prior written permission.
Section headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We aim to ensure that information made available through the website is accurate and current. However, information provided on the website may be general in nature and should not be relied upon as the sole basis for making decisions where more complete or current information is required.
Any reliance on information provided through the website is at your own risk.
The website may contain historical information that is no longer current and is provided for reference only.
We reserve the right to modify website content at any time, subject to applicable law.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Product prices may change from time to time without prior notice, subject to applicable law.
We reserve the right to modify or discontinue any part of the Service where reasonably necessary.
We will not be liable to you or any third party solely because of a modification, price change, suspension or discontinuation of the Service, except where liability cannot be excluded by law.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online and may be available in limited quantities.
Returns and exchanges are subject to our applicable Returns and Refund Policy.
We make reasonable efforts to display product colours and images accurately. However, the appearance of colours may vary between devices and displays.
We reserve the right to limit the sale of products or Services to particular customers, geographic regions or jurisdictions where reasonably necessary and permitted by law.
We may limit quantities available for purchase and may modify product descriptions, availability and pricing from time to time.
Nothing in these Terms excludes any rights or remedies that cannot lawfully be excluded under applicable consumer law.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse, limit or cancel an order where reasonably necessary, including where we believe an order has been placed incorrectly, fraudulently or in breach of these Terms.
If we make a material change to or cancel an order, we may contact you using the email address, billing address or telephone number provided at the time of purchase.
You agree to provide current, complete and accurate account and purchase information.
You also agree to keep relevant information up to date, including your email address, payment details and billing information, so that we can process transactions and contact you where required.
Please refer to our Returns and Refund Policy for further information.
SECTION 7 - OPTIONAL TOOLS
We may provide access to tools, applications or services supplied by third parties.
These third-party tools may be provided on an “as is” and “as available” basis and may be subject to separate terms imposed by the relevant provider.
Your use of third-party tools is at your own discretion and should be undertaken only after reviewing the applicable provider terms and policies.
New tools, features or Services introduced through the website may also be subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The website may contain links to websites, products or services operated by third parties.
We are not responsible for reviewing or verifying the content, accuracy, products, services, policies or practices of third-party websites.
You should review the applicable terms and policies of any third-party website before entering into a transaction.
Questions or concerns relating to third-party products or services should be directed to the relevant third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you provide comments, feedback, ideas, suggestions, proposals or other submissions to us, you agree that we may use that material for legitimate business purposes, subject to applicable law.
We are not obliged to maintain unsolicited submissions in confidence, pay compensation for them, or respond to them unless otherwise agreed.
We may monitor, edit or remove content that we reasonably consider unlawful, offensive, misleading, defamatory, obscene, harmful or in breach of these Terms or another party’s rights.
You must not submit material that infringes another party’s intellectual property, privacy or other legal rights, contains unlawful or misleading material, or contains malicious software.
You are responsible for the accuracy and legality of content you submit.
SECTION 10 - PERSONAL INFORMATION
Personal information submitted through the website is handled in accordance with our Privacy Policy.
Please refer to our Privacy Policy for further information about how personal information is collected, used, stored and disclosed.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on the website or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, update information or cancel an affected order where reasonably necessary and permitted by law.
Nothing in this section limits rights or remedies that cannot lawfully be excluded.
SECTION 12 - PROHIBITED USES
You must not use the website or Service:
- for any unlawful purpose;
- to encourage or participate in unlawful activity;
- to violate applicable laws or regulations;
- to infringe our intellectual property rights or the rights of others;
- to harass, threaten, abuse, defame or discriminate against another person;
- to provide false or misleading information;
- to upload or transmit malicious code;
- to improperly collect or track personal information;
- to spam, phish, scrape or interfere with the website;
- for obscene or immoral purposes; or
- to interfere with or circumvent website or Service security.
We reserve the right to restrict or terminate access to the Service where these requirements are breached.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will always be uninterrupted, timely, secure or error-free.
We do not warrant that information or results obtained through use of the Service will always be complete or reliable.
To the maximum extent permitted by law, the website, Service and products made available through the Service are provided on an “as is” and “as available” basis.
To the maximum extent permitted by law, SportMe & Co Pty Ltd, Solinco Sports Australia & New Zealand, and our directors, officers, employees, affiliates, agents, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential loss arising from use of the Service.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under applicable Australian law.
SECTION 14 - INDEMNIFICATION
To the extent permitted by law, you agree to indemnify SportMe & Co Pty Ltd, Solinco Sports Australia & New Zealand, and our affiliates, partners, officers, directors, employees, contractors, suppliers and service providers against claims or losses arising from your material breach of these Terms or violation of another party’s legal rights.
SECTION 15 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law.
Any unenforceable portion may be severed without affecting the validity or enforceability of the remaining provisions.
SECTION 16 - TERMINATION
Rights and obligations that arise before termination of these Terms will continue to apply where appropriate after termination.
You may stop using our Services at any time.
We may restrict or terminate access to the Service where we reasonably believe you have materially breached these Terms or where otherwise permitted by law.
Any amounts lawfully due before termination will remain payable.
SECTION 17 - ENTIRE AGREEMENT
These Terms, together with any policies or operating rules published through the website in relation to the Service, form the agreement between you and us concerning use of the Service.
They supersede prior communications or agreements relating to the same subject matter, except where otherwise expressly agreed.
Our failure to enforce a provision of these Terms on one occasion does not waive our right to enforce that provision later.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreement through which we provide Services are governed by and construed in accordance with the laws of Australia and, where applicable, the laws of Queensland.
SECTION 19 - CHANGES TO TERMS OF SERVICE
The most current version of these Terms will be available on this page.
We reserve the right to update, amend or replace these Terms by publishing changes on the website.
Where appropriate, material changes may also be communicated through other reasonable means.
Your continued use of the website or Service after changes take effect constitutes acceptance of the updated Terms, subject to applicable law.
SECTION 20 – SOLINCO SUBSCRIPTION TERMS
Subscription term
Solinco subscription offers are recurring order arrangements and include a 12-month minimum commitment period.
The applicable subscription frequency, minimum order value, pricing and other offer-specific conditions are displayed as part of the subscription offer selected by the customer.
Automatic renewal
At the end of each 12-month commitment period, the subscription will automatically renew for a further 12-month commitment period unless the customer requests that the subscription not renew before the next renewal date.
Customers may contact Solinco during their current commitment period and request that the subscription end at the completion of that period.
Where the subscription continues until the end of the current 12-month commitment period and is then not renewed, no early cancellation fee applies.
Pausing scheduled orders
Customers may pause up to two scheduled recurring orders during each 12-month commitment period.
Each pause applies to one upcoming recurring order only. Following the paused order, the subscription will continue on the next scheduled billing cycle.
A pause does not cancel, reset, extend or otherwise alter the customer’s current 12-month commitment period or automatic renewal terms.
Pause requests must be submitted directly to Solinco and are subject to the limit of two paused scheduled orders during each 12-month commitment period.
Customers should contact info@solincosports.com.au to request a pause.
Solinco will confirm whether the customer has an available pause remaining before the applicable scheduled order is paused.
Early cancellation
If a customer requests that their subscription end before completion of the current 12-month commitment period, an early cancellation fee equal to 50% of one recurring subscription order will apply.
For Platinum All-Inclusive subscriptions, the early cancellation fee is calculated as 50% of the minimum recurring order value applicable to the customer’s selected subscription plan.
For Tour Ball Case, 5 Reel and 10 Reel String subscriptions, the early cancellation fee is calculated as 50% of the value of the customer’s current recurring subscription order at the time early cancellation is requested.
Solinco will confirm the applicable early cancellation fee before the subscription is cancelled.
Cancellation and non-renewal requests
Cancellation and non-renewal requests must be submitted directly to Solinco.
Customers should contact info@solincosports.com.au to request cancellation or non-renewal.
Before making changes to the subscription, Solinco will confirm:
• the customer’s current commitment period
• the next renewal date
• whether the subscription will end at the completion of the current term or earlier
• whether an early cancellation fee applies
• the effective cancellation date
A customer who requests non-renewal and allows their subscription to continue until the completion of the current 12-month commitment period will not be charged an early cancellation fee.
Subscription Offer Terms
Pricing, minimum order values, ordering frequency, freight, GST, product eligibility and any offer-specific conditions are displayed as part of each Solinco subscription offer.
By commencing a Solinco subscription, the customer acknowledges and agrees to:
• the 12-month minimum commitment
• the automatic renewal conditions
• the pause conditions and limits
• the cancellation and early-cancellation fee requirements that apply during the subscription period
SECTION 21 - CONTACT INFORMATION
Questions about these Terms of Service or a Solinco subscription should be sent to: