You are responsible for ensuring that your use of or participation in the activities of this Website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. STING IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
The Site is owned and operated by Sting International Pty Ltd, a company registered in Australia. All of the content featured or displayed on the Site (except for User Generated Content), including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Sting International Pty Ltd and its group of companies (herein after in this document ‘Sting’), its licensors and/or its content providers. All elements of Sting’ websites (except for User Generated Content), including, but not limited to, the general design and the content,text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and is the proprietary property of Sting; All rights reserved. Except as explicitly permitted by applicable copyright laws or under this or another agreement with Sting, no portion or element of the Site or its Content may be copied, reproduced in any form or retransmitted via any means and the Site, its content and all related rights shall remain the exclusive property of Sting or its licensors unless otherwise expressly agreed.
All copyright featured or displayed on the Site is owned by Sting (except for User Generated Content). Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download documents, audio and video found on the Site for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Site. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Site. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the Site.
In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Sting. Sting does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Sting retains full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks and trade names of Sting used herein (including but not limited to: the word mark “STING”, “the STING logo”, “the X solus device) are trademarks or registered trademarks of Sting or its affiliates, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Sting trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Sting’s prior written consent. The use of Sting trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is prohibited without the express written consent of Sting.
STING IS NOT RESPONSIBLE OR LIABLE FOR ANY USER GENERATED CONTENT OR OTHER CONTENT POSTED ON THE WEBSITE OR FOR ANY OFFENSIVE, UNLAWFUL OR OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON OR THROUGH THE WEBSITE. THE WEBSITE, USER GENERATED CONTENT, CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED ‘AS IS’ AND EXCEPT TO THE EXTENT REQUIRED BY LAW, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE. STING CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
STING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES CONTAINED IN THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. EXCEPT TO THE EXTENT REQUIRED BY LAW, STING DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, IN EACH CASE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
STING RESERVICES THE RIGHT TO SUSPEND OR WITHDRAW THE WHOLE OR ANY PART OF THE SITE AT ANY TIME WITHOUT NOTICE WITHOUT INCURRING ANY LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. WHERE CONDITIONS AND WARRANTIES IMPLIED BY APPLICALBLE LAW CANNOT BE EXCLUDED, YOU HERBY WAIVE AND STING LIMITS ITS LIABILITY TO YOU OR ANY PERSON OR ENTITY WHERE AND TO THE EXTENT IT IS ENTITLED TO DO SO. OTHERWISE, NEITHER STING, NOR ANY OF ITS AFFILIATES, OFFICERS OR DIRECTORS NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIALINCLUDING, WITHOUT LIMITATION, ANY LOSSES, INJURY, OR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR US, OR OTHER ECONOMIC ADVANTAGE, OR OTHER DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, INCLUDING DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE INFORMATION ON THE SITE, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A STING EVENT OR ANY USER GENERATED CONTENT, EVEN IF STING HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
YOU ARE SOLELY RESPONSIBLE FOR ADEQUATE PROTECTION AND BACKUP OF YOUR DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND, WILL NOT MAKE AND HERBY WAIVE ANY CLAIM AGAINST STING FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE WEBSITE.
NO LIABILITY WHATSOEVER (EXCEPT AS PROVIDED BY LAW) WILL BE ACCEPTED BY STING FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE RELATING TO DELIVERY OF PRODUCTS OR THE PERFORMANCE OF PRODUCTS PURCHASED THROUGH THE WEBSITE UNLESS THE SAME OCCURS BECAUSE OF THE WILFUL ACT OR DEFAULT OR NEGLIGENCE OF STING, ITS SERVANTS, AGENTS OR CONTRACTORS IN WHICH CASE LIABILITY IS LIMITED TO AT STING’S DISCRETION TO THE REPLACEMENT OF PRODUCTS OR THE PAYMENT OF THE COST OF HAVING THE PRODUCTS RESUPPLIED.
You are responsible for any actions that take place while using your STING account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Website. You agree to notify Sting immediately of any unauthorized use of your Sting account. Sting is not responsible for any loss that results from the unauthorized use of your username/password, with or without your knowledge.
“User Generated Content” is communications, materials, information, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available (“post”) on or through the Website, except to the extent the content is owned by Sting.
1. Posting Rules: User Generated Content and User Conduct
You are solely responsible for your User Generated Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Sting or its users to any harm or liability of any type.
Stay Constructive and maintain relevance.
Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don’t talk about policies, future products, speculations or rumours about Sting and Sting products, or anything else off topic.
Stay Courteous and Appropriate.
Flaming and insults are prohibited. Do not post User Generated Content, or a link to a website, that, in Sting’s sole discretion, is illegal, offensive, libellous, defamatory, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, vulgar, obscene, pornographic, violent, sexually explicit, invasive of privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, or is otherwise objectionable. Do not post photos or videos of another person without that person’s consent. Do not “stalk,” intimidate, abuse, harm or harass another Website user or person.
Utilising Private Information.
Do not post personal information, including your email address, IM address, or phone number. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use or post on the Website the private information of anyone else without their consent or for illegal purposes, including without limitation addresses, phone numbers, email addresses, social security numbers and credit card information.
The Website is not to be used for any commercial purpose. Do not post any advertising, solicitation or commercial content whatsoever on the Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Generated Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming.” Do not use automated scripts to collect information from, or otherwise interact with, the Website.
Do not impersonate any person or entity, including without limitation athletes or Sting employees. Do not misrepresent yourself, your age or your affiliation with any person or entity. Do not register for more than one Sting account, register a Sting account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person’s account, username or password.
Observe the Law.
Do not post any User Generated Content, take any action or use the Website in a way that violates any law, would create liability or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden or limit the functionality of any computer software or hardware, telecommunications equipment or the Website. Do not post User Generated Content that contains software viruses, programs or other computer code. Do not circumvent or modify any Website security technology or software.
2. General Rules for User Generated Content
Pre-screening of Content
Sting does not guarantee to pre-screen User Generated Content. Sting does not guarantee the Website will be free from User Generated Content that is inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable. Sting is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the Website. Even in the event Sting chooses to monitor any User Generated Content, Sting assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content. Sting reserves the right to edit, remove, or refuse to post any User Generated Content or terminate your registered account for any reason.
Eligibility and Registration
Rights to Your User Generated Content
Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant, to Sting a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, change, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.
Copyright Infringement Complaints
We respect the intellectual property rights of others and we prohibit users from posting on the Sting Website any content that violates another party’s intellectual property rights. If you believe that your work has been improperly copied and posted on the website, please provide us with the following information:(1) name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where on the Website the material that you claim is infringing is located;(4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. These requirements must be followed to give Sting legally sufficient notice to Sting of infringement. Send copyright infringement complaints to:
Legal Department (Copyright)
PO Box 153, Deer Park , Victoria
OpenID Linked Accounts
Sting may now or later join OpenID, which allows you to automatically sign into the Sting Website at the same time you sign into OpenID. Sting is not responsible for the operation or functionality of OpenID or any OpenID affiliated websites.
The Website contains services and features that are available to certain mobile phones. Your carrier’s normal rates and fees apply. If Sting charges you for a mobile service, you will first be notified and asked to accept any charges. Not all mobile services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Sting’s mobile services, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.
Sting allows you the option to publish about the actions you take on Sting’s Website to Facebook, Twitter and other social platforms. Sting does not control which information gets disseminated on participating social platforms. You agree to allow Sting to check your Sting cookies when you are visiting participating social platforms, and allow Sting to receive information about your use of those social platforms. You can deactivate this publishing feature on your profile page.
Links to third parties
Misuse of the Site
You are prohibited from using the Site to post or transmit, any infringing, threatening, false, misleading, inflammatory, libelous, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal material or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
From time to time Sting makes it possible to view and distribute content generated by you, for instance through e-postings and sending postcards to others persons. If you make use of this you acknowledge that Sting only acts as a passive conduit for the distribution and is not responsible and liable for the content of the communications and materials generated by you or other users. Sting reserves the right at its sole discretion to block or remove any communications and materials it believes is not in accordance with these Terms and Conditions, or is otherwise unacceptable to Sting.
User Interaction Disclaimer
You are solely responsible for your interactions with other Website users, whether online or offline in person. Sting is not responsible or liable for any loss or damage resulting from any interaction with other Website users or persons you meet through the Website. You agree to take reasonable precautions in all interactions with other users on the Website, whether online or offline, and conduct any necessary investigation before meeting another person. In addition, you agree to review Sting’s Privacy Tips prior to using this Website. Sting is under no obligation to become involved with any user dispute, but may do so at its own discretion.
Application of Sting’s Terms and Conditions of Trade
These terms and conditions are subject also to Sting’s standard Terms and Conditions of Trade (annexed as Schedule 1) to the extent possible.
Sting maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Sting. You should therefore not post any Materials on the Site or send these to Sting by e-mail or otherwise.
How you can contact us
If you have any questions or comments about the Site or any of our services, please write to us: Sting International, PO BOX 153, Deer Park, Victoria 3023.
Changes to the terms
All orders placed through the website are subject to Sting’s acceptance, which is in its sole discretion. Without limitation, this means that Sting may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card, or Sting trading account has already been charged for an order that is subsequently cancelled, Sting shall issue a credit to your credit card or Sting trading account
While we accept most customisation options & wording, we cannot honor every one. Some may contain other trademarks, or the names of certain professional sports teams, athletes or celebrities that Sting does not have the right to use. Others may contain material that we consider inappropriate or simply do not want to place on our products. Unfortunately, at times this obliges us to decline orders for customisation that may otherwise seem unobjectionable. If your order for customization is considered unacceptable, your order will be cancelled and refunded and you will be notified via email. Sting reserves the right to cancel any customisation order after they have been submitted.
Applicable Law and Jurisdiction
Last revised March 2014
STING INTERNATIONAL PTY LTD
A.C.N. 164 404 148
TERMS AND CONDITIONS OF TRADE
“The Company” means Sting International Pty Ltd ACN 164 404 148 and “Customer(s)” means any person, firm, company, government body or other entity with which the Company contracts to supply goods or services. To the fullest extent legally possible all dealings between the Company and any customer relating to any products and/or services are subject to the following terms and conditions of trade unless otherwise agreed in writing
2. Quotations and Published Prices
5. Minimum Order Value – The Company reserves the right to require orders to be for a minimum value determined by the Company from time to time and to otherwise accept in whole or in part any orders for goods or services by customers or to decline such orders.
6. Delivery – Whilst the Company endeavours to effect deliveries or execute orders by the requested date, the Company shall not be liable for any loss or damage whatsoever (including, without limitation, consequential loss or damage) caused directly or indirectly by any delay or failure to deliver. The Company reserves the right to make delivery in instalments and to invoice each instalment as a separate order.
7. Supply and Delivery
8. Shortages – Claims for shortages in delivered quantity of goods must be made in writing within 7 days of receipt of goods and any shortages must be indicated on the delivery note at the time of delivery, failing which any such claim shall be deemed to be waived by the customer.
9. Goods Return Policy
(a) in the case of goods covered by the Company’s Standard Warranty, any one of the following (at the Company’s discretion):
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired;
(b) in the case of goods not covered by the Company’s Standard Warranty the customer may elect one of the following:
(i) at the written request of the customer, the supply of a quotation for the repair of the Product, and if the quotation is accepted in writing by the customer, the repair of the Product at the customer’s expense; or
(ii)if the customer elects in writing for the Product to be returned to the customer without repair, the return of the Product at the customer’s expense.
13. Installation and Use
14. Product resale – The customer is permitted to sell the Company’s products in retail stores or online provided the products are sold and shipped within Australia only. No product is to be shipped to purchasers outside Australia without the prior written consent of the Company.
15. Intellectual Property
16. Confidential Information
18. Personal Property Security
18.2.1 This agreement constitutes a security agreement for the purposes of the PPSA; and
18.2.2 The Company may at its discretion register a financing statement in respect of any security interest created by this agreement; and
18.2.3 a security interest is taken in all of the Company’s products previously supplied by the Company to the customer and all products that will be supplied in the future by the Company to the customer during the continuation of the parties’ relationship.
18.6.1 Section 95, 132(3)(d), 132(4) and 143 of the PPSA have no application to these arrangements; and
18.6.2 the Company is not required to give notice under section 135 of the PPSA.
20. Force Majeure – The Company shall not be liable for any direct or indirect loss arising from non-delivery or delay in delivery of any goods caused by act of God, riot or civil commotion, strike, lock out, fire, flood, drought, act of government, failure to obtain or shortages of raw materials or any cause whatsoever beyond its control.