DreamCourts™ Website Terms of Use and Terms of Sale

Welcome to the DreamCourts™ website. When you access and use our website or purchase products from our website you agree to be bound by, and comply with, these terms and conditions and any changes that we may make to them from time-to-time (Website Terms). The Website Terms include our Privacy Policy. These Website Terms form an agreement between you and DreamCourts™ Pty Ltd (ACN 629 781 095) ( DreamCourts™). Please review them carefully to ensure you understand and agree with them. If you do not agree, please cease using our website.

1. Information provided on our website

1.1. Except as provided by law, our website is provided “as is” and without any warranty or condition, express or implied. The information and content provided on our website are of a general nature. While we take all reasonable steps to ensure the accuracy and completeness of the information and content on our website, to the maximum extent permitted by law (including, without limitation, the Australian Consumer Law (ACL)) we make no warranties or representations about our website and its content including (without limitation) warranties or representations that the website or its content will be complete, accurate or up to date.

1.2. We may alter, suspend or discontinue our website or any content on our website at any time and without notice to you. We do not warrant and do not represent that our website and the content on our website are secure, free from viruses or other defects, or that access will be uninterrupted or error-free. We provide access to our website and its content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website and its content.

1.3. To the maximum extent permitted by law (including, without limitation, the ACL) in no event will DreamCourts™, our officers, directors, employees or agents be responsible or liable for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your use of our website and/or the information or content contained on it. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant service, the cost of resupplying the service or the cost of repairing the services. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense.

2. Your use of our website

2.1. You must only use our website in accordance with these Website Terms. You must not use our website for any illegal, prohibited or inappropriate purpose or attempt to do anything that interferes with or disrupts our website. For example, and without limitation, you must not:

2.2. Without notice to you, and at our sole discretion, we may immediately remove any information or content that you post on our website which we believe breaches these Website Terms, or for any other reason.

3. Third party websites

3.1. We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only. We are not responsible for the content of third party websites and make no representations about the accuracy of third party sites.

4. Promotions, competitions and discounts

4.1. From time-to-time, DreamCourts™ may run promotions or competitions or offer discounts through the website. In such circumstances, additional terms and conditions may apply to those promotions, competitions or discounts. Your participation in any promotion or competition or your right to an offered discount is subject to these Website Terms and any specific terms and conditions that may be expressed to apply.

5. Intellectual Property

5.1. All content made available on our website and all rights, title and interest in such content, including the DreamCourts™ brand, our graphics, text, video and the overall look and feel of our website (our content), is owned by or licensed to us and is subject to copyright or other intellectual property rights. Subject to these Website Terms, we grant you a limited, non-exclusive, revocable and non-transferable licence to view, download and print our content via the website.

5.2. You may only use, access and print content on our website for non-commercial or personal use provided you keep intact all copyright and propriety notices. You are otherwise prohibited from any other use, copying or reproduction of our website and our content. Except as expressly stated above, you are not granted any right, title or interest to our website or our content.

6. Terms of Sale

6.1. These Terms of Sale apply to the ordering, purchase, fulfilment and delivery of products and gift cards (Products) from our website and form part of the Website Terms. These Terms of Sale constitute a legally binding contract between you and DreamCourts™. By placing an order with us, you agree to be bound by these Terms of Sale..

Orders

6.2. All orders placed by you are an offer to purchase the Products for the price plus any delivery charge as shown at the time of submission of your order. All orders are subject to availability and acceptance by DreamCourts™. Each order that you place will, if accepted by us, be a separate and binding agreement between you and DreamCourts™ with respect to the supply of the relevant Products, in accordance with these Terms of Sale.

6.3. DreamCourts™ may accept or reject your order for any reason in its absolute discretion. If your order is rejected and you have paid for the order, you will receive a refund of any money paid to us in respect of the rejected order.

6.4. You agree that any Products purchased by you are for personal use only and are not for resale or commercial use.

6.5. The Products are charged at the price published at the time you submit your order. DreamCourts™ reserves the right to change the price of Products at any time without notice to you.

6.6. All prices listed on the site are in Australian Dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

6.7. If, for any reason, incorrect pricing is displayed on the website, DreamCourts™ reserves the right to amend such pricing errors and may exercise its right to cancel an order at any point prior to delivery.

6.8. In addition to the price for the Products, you will also need to pay the delivery charge listed (if any). Any delivery charge will appear in your shopping cart. If you live in a remote area where we incur additional delivery charges, we reserve the right to charge you an additional delivery charge which may not be displayed in your shopping cart at the time of placing your order. If additional delivery charges are required, we will contact you before accepting your order and provide you with a quote for these additional delivery charges. You may choose to accept these additional delivery charges or ask us to cancel your order, in which case we will provide you with a full refund of any money paid to us for your order.

Payment

6.9. Payment in full for all Products is required at the time of placing an order with us

6.10. By submitting an order, you represent and warrant to us that you are authorised to use the method of payment you provide to us. You authorise us to charge to that payment method the total amount of your order (including any applicable taxes and delivery charges). If the payment method cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. DreamCourts™ is under no obligation to ship any Products ordered until payment in full for those Products has been received.

Availability of Products

6. 11. DreamCourts™ does not guarantee the availability of Products on its website. If, for any reason, a Product in your order is out of stock or cannot be delivered, we will amend your order and refund you for any money charged for the price of the undelivered Product.

Cancellations and order amendments

6.12. Once placed, orders are unable to be cancelled or amended without DreamCourts™ consent. If you need to cancel or amend an order shortly after the order has been placed and prior to the Products being dispatched, you may contact DreamCourts™ to request the amendment or cancellation and we will do our best to accommodate your request.

Delivery

6.13. Details of our delivery processes and costs are set out on our Shipping and Returns page.

6.14. Risk and title in the Products pass to you on the date and time the Products are delivered to the address provided by you in your order and paid for in full.

6.15. We do not guarantee the dispatch or delivery of Products within the timeframes provided. Delivery times are our best estimate however stock availability and events outside of our control may cause delays, or in some circumstances prevent your Products from being delivered.

6.16. On delivery you may be required to sign a proof of delivery document. If you authorise us to deliver the Products without being required to sign for proof of delivery, we will not be liable for any lost, stolen or damaged Products once these Products have been delivered.

6.17. If the Products cannot be delivered due to an error or fault on your part (such as an incorrect delivery address provided by you or an inability to unload the Products in a suitable or safe location) and re-delivery of the Products is required, you will be responsible for covering the costs of any re-delivery.

Returns
Change of mind policy – DreamHoop Ring Systems

6.18. Our DreamHoop Ring Systems come with a 7-day change of mind return policy, commencing from the date of delivery. DreamCourts™ offers you a refund (subject to clause 6.18.iv below) if you change your mind in respect of our DreamHoop Ring Systems purchased from our website subject to the following conditions:

6.19. If you wish to return your DreamHoop Ring System for change of mind, you must contact us directly at enquiries@dreamcourts.com.au or on 1300 690 991.

6.20. Due to the custom nature of DreamCourt’s sports tiles, DreamCourts™ is not able to offer customers a refund or exchange on its sports tiles for change of mind.

Express warranties

6.21. Some of our Products come with express manufacturer warranties provided by the manufacturer of the Products. These warranties are not provided by DreamCourts™ and DreamCourts™ will not be liable for any claims made under these express manufacturer warranties. Further information about our Products’ express manufacturer warranties is set out on our Warranty Information page.

6.22. DreamCourts™ will assist customers who wish to make a warranty claim with the manufacturer of any Products. Customers who would like our assistance in making a warranty claim can contact us directly at enquiries@dreamcourts.com.au or on 1300 690 991.

Consumer guarantees

6.23. You have consumer guarantees that cannot be limited by us and our change of mind policy and any express manufacturer warranty does not affect your rights under the ACL. If your Product is not of acceptable quality, does not match its description or is not fit for purpose, you may be eligible for a refund, exchange or repair and in some cases compensation for loss or damage.

6.24. If you have purchased a Product with a major fault, you have the right to ask for a replacement or refund. If you have purchased a Product with a minor fault, we can choose to give you a free repair (if practical) instead of a replacement or refund.

6.25. Products returned under consumer guarantees can be returned within a reasonable timeframe subject to also providing us with proof of your purchase. When returning or exchanging a faulty, damaged or incorrectly described Products, DreamCourts™ may arrange return postage on your behalf or refund reasonable postage costs upon presentation of a postage receipt, subject to our confirmation that the Product is faulty, damaged or incorrectly described. If, upon inspection, the Product is found not be faulty, damaged or incorrectly described we may require you to pay for the cost of the return postage.

6.26. To arrange a return for a faulty, damaged or incorrectly described Product please contact us directly at enquiries@dreamcourts.com.au or on 1300 690 991.

Refunds

6.27. If we are obliged to refund your payment pursuant to these Terms of Sale, we will aim to process the refund within 7 business days. The time it takes for you to actually receive the refund will depend on your financial institution.

Liability for sale and purchase of Products

6.28. To the maximum extent permitted by law (including, without limitation, the ACL) and except as otherwise provided for in these Terms of Sale, in no event will DreamCourts™, our officers, directors, employees or agents be liable to you, or any other person, for any loss, damage, costs or expense suffered (whether directly or indirectly) arising out of or in connection with your purchase, use or otherwise of the Products. This exclusion applies regardless of the cause of action – i.e. whether in contract, negligence or any other tort, equity or under statute.

6.29. If any warranty cannot be excluded, to the maximum extent permitted by law, our liability will be limited, at our option, to resupply of the relevant Product, the cost of resupplying the Product or the cost of repairing the Product. We will not be responsible or liable for any indirect, consequential, incidental, exemplary, punitive or special damages, loss, liability or expense. Our liability to you for any loss, damage, costs or expense of any kind arising out of these Terms of Sale will be reduced or limited to the extent (if any) that you cause or contribute to the loss, damage, costs or expense.

7. Governing law

7.1. Your use of our website, purchase of Products and these Website Terms are governed by the laws of the State of Victoria and you submit to the non-exclusive jurisdiction of the Courts in the State of Victoria.

8. Updates to these Website Terms

8.1. These Website Terms are effective from 15 October 2019. We reserve the right to update these Website Terms at any time without notice. You should ensure you are aware of our current Website Terms by checking our website regularly.

DreamCourts™ Privacy Policy

Your privacy is important to us at DreamCourts™ Pty Ltd (ACN 629 781 095) ( DreamCourts™). This Privacy Policy applies to any personal information we collect about you and sets out how we collect, use, store and disclose such personal information.

By using our services and providing personal information to us, you consent to our collection, use, storage and disclosure of your personal information in accordance with this Privacy Policy.

1. The type of information we collect

The type of personal information we collect from you depends on your dealings with us. Where possible, we collect personal information directly from you. The personal information we collect from you may include, but is not limited to:

2. How we collect information

We may collect personal information about you in a number of ways. Primarily, we will collect information from you when you use our website, join one of our mailing lists, order our products or services, communicate with us or any other time you provide personal information to us.

Sometimes we may collect personal information about you from third parties who provide services to us or on our behalf.

We may also collect personal information from you through cookies used on our website (discussed further below).

3. Cookies

Some information may be automatically collected through our use of ‘cookies’ on the website. Cookies are small files installed in your website browser or on your device used to recognise customers that revisit our website and to help us enhance and customise your experience.

Cookies provide us with information about customer behaviour such as pages viewed, products purchased and the customer journey around our website. Information collected from cookies may include personal information.

The default setting of most internet browsers enables the acceptance of cookies. Through your internet browser you can disable cookies, delete cookies installed in the past, prevent the placement of certain cookies or ask to be notified every time a request is made to place a cookie. Please note however that our website may not work as intended if you disable or prevent the placement of certain cookies.

4. The reasons we collect, use and disclose personal information

We generally use and disclose your personal information for the purpose for which it is collected, including:

5. Sharing your personal information

Your personal information may be disclosed to our employees, officers, directors or related bodies corporate.

We may also disclose your information to third party service providers and contractors with whom we work. This may include our website host providers, payment operators, promotional partners or other third parties who provide services to us or on our behalf. Where you have expressly authorised a third party to receive certain information held by us, we will disclose such information to that authorised third party.

If our business or assets are sold or transferred, we may disclose your personal information to the purchaser, potential purchaser (including their advisors) or any successor in title of our business and/or assets.

Your personal information may also be disclosed to regulatory or investigative bodies, government or law enforcement agencies or as otherwise required or permitted by law. In such circumstances we are not under an obligation to try and restrict disclosure of your personal information.

6. Promotional communications

From time to time, we may send you promotional communications and information about our products and services or the services of our trusted third party partners.

If you prefer to not receive promotional communications from us, you may opt-out or withdraw your consent at any time by contacting us or by using the unsubscribe facility we offer in our electronic messages.

7. International data hosting and transfers

Some of our trusted third party suppliers and contractors are located outside of Australia in New Zealand, China and the United States of America.

You consent to the disclosure of your information to our third party suppliers and contractors including those located in Australia and overseas.

We will take reasonable steps to ensure that any overseas third party suppliers or contractors deal with personal information in a way that is consistent with the Privacy Act however you acknowledge that we cannot prevent the use (or misuse) of personal information by others.

8. Security of your personal information

Security of your personal information is important to us and we take reasonable steps to protect the personal information we hold from misuse, interference and loss, as well as unauthorised access, modification or disclosure, as required by the Privacy Act. We use the industry standard Secure Sockets Layer (SSL) protocol, which encrypts information as it is transmitted over the internet. This encryption scrambles details such as credit card numbers, billing details and delivery addresses so that other computers are unable to decipher the information, ensuring privacy and security.

While we endeavour to ensure your personal information is protected, we cannot guarantee the security of personal information you disclose to us.

9. Third party websites

We may display content or links to websites operated by third parties on our website. Such content or links are not operated by us and are provided for your convenience only.

If you click on any content or links of a third party you may leave the DreamCourts™ website, in which case the collection, use, storage and disclosure of your personal information will be governed by the privacy policies and practices of the relevant third party. We are not responsible for the privacy or security practices of third party websites.

10. Anonymity

You may deal with us using a pseudonym or without providing us with any personal information. Please note however that if you provide a pseudonym or choose to remain anonymous, we may not be able to provide you with certain services which require us to know your correct identity.

11. Access and correction

You have certain rights to access personal information we hold about you. To request access to personal information we hold about you, please contact our Privacy Officer. We will generally provide you with access to your personal information subject to some exceptions under the Privacy Act.

We try to ensure that all information we hold about you is accurate and up to date. You can keep your information up to date by letting us know of any changes to your personal information. If you would like to request that we correct or update any personal information we hold about you, you may do so by contacting our Privacy Officer.

We may take reasonable steps to verify your identity before granting access to or correcting your personal information.

Where we no longer require your personal information, we will take reasonable steps to destroy the information or ensure that it is de-identified unless we are required by law to retain the information.

12. Privacy enquiries or concerns

If you have an enquiry or concern about our privacy practices, you can contact us on the details below. You should include enough information to allow us to identify you and understand your enquiry or concern. All privacy enquiries and concerns will be reviewed, investigated (if required) and responded to within a reasonable timeframe.

If you are not satisfied with our response, you can contact us directly to discuss your concerns or lodge a complaint with the Office of the Australian Information Commissioner by visiting www.oaic.gov.au or calling 1300 363 992.

13. Contact information

If you would like further information about our privacy practices, would like to lodge a request to access or correct your personal information, or would like to contact us regarding any privacy enquiries or concerns, please contact our Privacy Officer at:

Email: admin@dreamcourts.com.au

Phone: 1300 690 991

14. Updates to this Privacy Policy

This Privacy Policy is effective from August 2019. We reserve the right to update this Privacy Policy at any time without notice and will publish any updated version of our Privacy Policy on our website. You should ensure you are aware of our current Privacy Policy by checking our website regularly.