Terms & Conditions
These terms and conditions are the contract between you and ATLETICO (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are:ATLETICO PTY LTD, a company registered in Australia, ACN 621 410 946
Address: 2/57 Townsville Street, FYSHWICK, ACT 2609
You are: anyone who uses Our Website
Our Website is: next-player.com
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
In this agreement:
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
means original work created by you in any medium and sent to us with a view to our using it to decorate / to enhance / to improve / as an option / in our product range.
means intellectual property of every sort, whether or not registered or registerable in any country, including intellectual property of kinds coming into existence after today; and including, among others, designs, copyrights, software, discoveries, know-how, together with all rights which are derived from those rights.
means any website of ours, and includes all web pages controlled by us.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly;
means any of the products we offer for sale on Our Website, or, if the context requires, products we sell to you.
In this agreement unless the context otherwise requires:
2.1. a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2. these terms and conditions apply to all supplies of Products by us to any customer. They prevail over any terms proposed by you.
2.3. any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4. except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5. in this agreement references to a party include references to a person to whom relevant rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6. the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7. a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8. these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and so far as the context allows, to you as a visitor to Our Website.
2.9. this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Our contract with you
3.1. This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2. Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3. If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4. Because we rely on our suppliers, we do not guarantee that Products advertised on Our Website are available.
3.5. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Products.
3.6. The price of Products may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy that Product.
3.7. If in future, you buy Products from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
4. Our contract with you as a designer of your Created Work
4.1. You may submit any number of customisation request to us for sale as part of our product catalogue. The procedure for submitting customisation request is set out on Our Website.
4.2. We are under no obligation to accept a customisation request you submit.
4.3. If we accept your customisation request we may remove it from sale at any time without asking you.
4.4. We will use software in Our Website to track sales of a Product which incorporates your customisation request.
4.5. You may log in to Our Website at any time to see a history of sales of Products incorporating your customisation request.
4.6. You confirm that your customisation request has been created by you and that you own all rights in it.
4.7. We are entitled, but not obliged, to check any aspect of your customisation request and to refuse to use it without giving you a reason. But if we do give you a reason, you accept that we have absolute discretion and that you may not challenge the reason we have given.
5. Terms of your licence to us of your Created Work
5.1. Your submission to us of a customisation request constitutes an offer to grant a licence to us in the terms of this paragraph. If we use your design, we are deemed to have accepted your offer.
5.2. The licence is in exchange for the satisfaction you will obtain for our using your work.
5.3. The licence shall be:
5.3.1 free of charge;
5.3.2 perpetual and exclusive;
5.3.3 for use throughout the World;
5.3.4 for use or resale by us or any person with our authority;
5.3.5 fully assignable and sub-licensable;
5.3.6 such that we may incorporate all or part of your customisation request in any other work.
5.4. We are under no obligation to recognise your author’s rights or to acknowledge your authorship in any way.
5.5. We are under no obligation to protect your customisation request.
6. Acceptance of your order
6.1. Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.
6.2. At any time before the Products are dispatched, we may decline to supply the Products to you without giving any reason.
6.3. If we do not have all of the Products you order in stock, we will offer you alternatives. If this happens you may:
6.3.1 accept the alternatives we offer;
6.3.2 cancel all or part of your order.
7. Price and payment
7.1. Prices of Products are shown on Our Website and in our showroom.
7.2. It is possible that the price may have increased from that Posted on Our Website. If that happens, we will not send your order until you have confirmed that you wish to buy at the new price.
7.3. Prices include goods and services tax. If you show by your delivery address that you reside outside the Commonwealth of Australia, GST will be deducted at the payment point.
7.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollar will be borne by you.
7.5. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
7.6. If, by mistake, we have under-priced a Product, we will not be liable to supply that Product to you at the stated price, provided that we notify you before we dispatch it to you.
7.7. The price of a Product does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
7.8. If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.
8. Security of your credit card
We take care to make Our Website safe for you to use.
8.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
8.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
9. Cancellation and refunds
Whether you buy as a Consumer or not, this paragraph applies to all our customers.
9.1. Details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
9.2. You may cancel your order at any time before the expiry of 30 days from the date you receive the Product, not including the day you received it.
9.3. You are responsible for the cost of returning the Products. We have no obligation to refund to you, your cost of re-packing and returning the Products.
9.4. If you fail to return the Product, we are entitled to arrange for its collection. If we do, we will look to you to repay the cost of collection.
9.5. If the Products you return, show any sign of damage then we shall be entitled to deduct the cost from your refund money.
9.6. In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 15 days.
9.7. To assist us in identifying your Products on receipt by us, we ask you to provide your mobile phone number as a return reference to be placed below our address / returns label.
10.1. Products are delivered within 30 days from the day you place an order to purchase a Product.
10.2. Deliveries will be made by the carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
10.3. If we are not able to deliver your Products within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
10.4. We may deliver the Products in instalments if they are not all available at the same time for delivery.
10.5. Products are sent at our risk until signed for by you or by any other person at the address you have given to us.
10.6. All Products must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Products may be retained by the driver. When your Products arrive it is important that you check immediately the condition and quantity. If your Products have been damaged in transit, you must refuse the delivery and contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
10.7. Signing “Unchecked”, “Not Checked” or similar is not acceptable.
10.8. Products are sent by post. We will send you a message by email to tell you when we have dispatched your order.
10.9. If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
10.10. Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
10.11. We are happy for you to pick up Products from our shop provided you make an appointment in advance and payment has been received or made prior to departure.
10.12. If you pick up Products from our premises then:
10.13. we will not be able to assist you in loading heavy items;
10.13.1 Products are at your risk from the moment they are picked up by you or your carrier from our shop / showroom;
10.13.2 you agree that you are responsible for everything that happens after you take possession of the Products, both on and off our premises, including damage to property of any sort, belonging to any person.
11. Foreign taxes and duties
11.1. If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
11.2. You are responsible for purchasing Products which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
12. Risk and retention of title
12.1. Ownership of the Products shall not pass to you until they are fully paid for, but the risk in the Products shall be borne by you from the date of the delivery by us or our agents.
12.2. We shall deliver the Products, duty and delivery paid, to your premises at [place].
12.3. In spite of delivery having been made, title to the Products shall not pass from us until:
12.3.1 you have paid the price in full; and
12.3.2 no other sums whatever shall be due from you to us.
12.4. Until title to the Products passes, you shall hold the Products on a fiduciary basis as bailee for us.
12.5. You must store the Products (at no cost to us) separately from all other Products in your possession and marked in such a way that they are clearly identified as our property.
12.6. Despite any of the Products remaining our property, you may sell or use the Products in the ordinary course of your business at full market value for our account.
12.7. Any sale or dealing shall be a sale or use of our Products by you on your own behalf, so that you deal as principal and not as agent for us.
12.8. Until title to the Products passes from us the entire proceeds of sale of the Products shall be held in trust for us and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as our money.
12.9. We shall be entitled to recover the price notwithstanding that title to any of the Products not passed from us.
12.10. If we ask you to return Products unsold you must do so.
12.11. If, when asked, you fail to return the Products, we may enter to your premises and repossess the Products.
12.12. You must not pledge or in any way charge by way of security any of the Products which are our property. Without prejudice to our other rights, if you do so, all money owing to us shall immediately become due and payable.
12.13. You must keep the Products insured to their full value against ‘all risks’ to our reasonable satisfaction until sold on by you.
12.14. If, when we ask, you fail to deliver to us a copy of your insurance policy covering risks to the Products, all money owing by you to us shall immediately become due and payable.
12.15. While ever we have title to any of the Products, which you have attached to or incorporated into new products, then:
12.15.1 title to the new products shall vest in us;
12.15.2 you shall hold such products as bailee of and to the order of us until we have received payment in full.
12.15.3 all our rights in relation to the Products (including our rights under this agreement) shall extend to such new products.
13. Liability for subsequent defects
13.1. We will repair or replace Products which fail to comply with the provisions of the Competition and Consumer Act 2010 or which shows a defect. If you claim that a Product is defective, the following conditions apply:
13.1.1 the defect must be reported to us within four weeks of becoming apparent;
13.1.2 the defect results only from faulty design or manufacture;
13.1.3 you have returned the defective Products or parts to us if we have so requested.
13.2. If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Products free of charge.
13.3. If we repair or replace Products, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.
14. Products returned
These provisions apply in the event that you return any Products to us for any reason:
14.1. We do not accept returns unless you buy as a Consumer, or there was a defect in the Product at the time of purchase, or we have agreed in correspondence that you may return it.
14.2. Before you return a Product to us, please carefully re-read the instructions and check that you have included the required documentation.
14.3. The Products must be returned to us as soon as any defect is discovered.
14.4. So far as possible, a Product should be returned:
14.4.1 with both Product and all packaging as far as possible in their original condition;
14.4.2 securely wrapped;
14.4.3 including our delivery slip;
14.4.4 at your risk and cost.
14.5. The procedure for return of Products is set out on Our Website. If you do not follow this procedure, we may be unable to identify you as the sender of the Products.
14.6. If delivery was made to an Australian address, you are also protected by the Sale of Goods Act and Competition and Consumer Act 2010.
14.7. If we agree that the Product is faulty, we will:
14.7.1 refund the cost of return carriage;
14.7.2 repair or replace the Product as we choose.
15.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
15.2. All conditions, warranties or other terms implied by the law of any country other than Australia are excluded from this agreement to the fullest extent permitted by law.
15.3. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Products, at any time and without advance notice.
15.4. You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
15.5. We give no warranty and make no representation, express or implied, as to:
15.5.1 the quality of the Products;
15.5.2 any implied warranty or condition as to merchantability or fitness of the Products for a particular purpose;
15.5.3 the correspondence of the Products with any description;
15.5.4 the adequacy or appropriateness of the Products for your purpose;
15.5.5 the truth of any Content on Our Website;
15.5.6 compliance with any law;
15.5.7 non-infringement of any right.
15.6. We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Products.
15.7. Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Products or services you have purchased.
16. Your account with us
16.1. You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products.
16.2. If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your computer.
16.3. You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.
17. Restrictions on what you may Post to Our Website
17.1. You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:
17.1.1 be malicious or defamatory;
17.1.2 consist in commercial audio, video or music files;
17.1.3 be illegal, obscene, offensive, threatening or violent;
17.1.4 be sexually explicit or pornographic;
17.1.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
17.1.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
17.1.7 solicit passwords or personal information from anyone;
17.1.8 be used to sell any products or services or for any other commercial use;
17.1.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
17.1.10 request personal information from other users nor Post any unnecessary personal information about you or any user without his permission.
17.1.11 link to any of the material specified above, in this paragraph.
17.1.12 send age-inappropriate communications or Content to anyone under the age of 18.
18. Your Posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
18.1. hyperlinks, other than those specifically authorised by us;
18.2. keywords or words repeated, which are irrelevant to the Content Posted.
18.3. the name, logo or trademark of any organisation other than yours.
18.4. inaccurate, false, or misleading information.
19. How we handle your Content
19.2. If you Post Content to any public area of Our Website it becomes available to the public domain. We have no control over who sees it nor what anyone does with it.
19.3. We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.
19.4. We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
19.5. You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
19.6. Posting Content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
19.7. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;
19.8. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
19.9. Please notify us of any security breach or unauthorised use of your account.
20. Removal of offensive Content
20.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
20.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
20.3. If you are offended by any Content, the following procedure applies:
20.3.1 Your claim or complaint must be submitted to us in the ‘GET IN TOUCH’ form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
20.3.2 we shall remove the offending Content as soon as we are reasonably able;
20.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
20.3.4 we may re-instate the Content about which you have complained or not.
20.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
20.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
21. Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
21.1. modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
21.2. link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
21.3. download any part of Our Website, without our express written consent;
21.4. collect or use any product listings, descriptions, or prices;
21.5. collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
21.6. aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
21.7. share with a third party any login credentials to Our Website;
21.8. Despite the above terms, we now grant a licence to you to:
21.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
21.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
22.1. your failure to comply with the law of any country;
22.2. your breach of this agreement;
22.3. any act, neglect or default by any agent, employee, licensee or customer of yours;
22.4. a contractual claim arising from your use of the Goods;
22.5. a breach of the intellectual property rights of any person.
23. Intellectual Property
23.1. We will defend the Intellectual Property rights in connection with our Products and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
23.2. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
23.3. You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
23.4. Subject to other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
24. Miscellaneous matters
24.2. Where we provide Products or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products or service for which a charge is made. Accordingly, there is neither contractual
nor other obligation upon us in respect of those Products or that service.
24.3. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
24.4. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
24.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
24.6. Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender. [Take care before agreeing to accept service by e-mail. It may be convenient, but you could miss or accidentally delete the message]
24.7. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
24.8. So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
24.9. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control.
24.10. In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
24.11. The validity, construction and performance of this agreement shall be governed by the laws of the State of the Australian Capital Territory and you agree that any dispute arising from it shall be litigated only in that State.