MIYAGI KAN GOJU RYU CONDITIONS OF USE

Welcome to miyagikan.com.au, a karate related website that allows you to easily find our fitness solutions that fit your lifestyle. The Miyagikan.com.au service and network (collectively, "Miyagikan.com.au" or "the Service") is operated by Miyagi Kan Go Ju-Ryu (collectively, "us", "we", "Miyagi Kan Go Ju-Ryu" or "the Company"). By accessing or using our web site at www.Miyagikan.com.au or the mobile version thereof (together the "Site"), you (the "User") acknowledge and warrant that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member or business listed with miyagikan.com.au.

Proprietary Rights in Site Content; Limited License

All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved.

No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site or its Materials or their selection and arrangement, except as expressly authorised herein.

In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any use of the Site or the Site Content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

User Content Posted on the Site

You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or the Miyagi Kan Go Ju-Ryu Karate Do Abuse Policy, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. The parties agree that insofar as permitted by law, the Company retains ownership in all Site Content & User Content posted on the site and has the final right to determine what may or may not be posted on the site.

When you post User Content to the Site, you authorise and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorise sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.

Privacy

We know that your privacy is important to you, so your privacy as you use our site is very important to us. This Privacy Policy describes what information we gather from you, how we use that information, and what we do to protect it. We will comply with the Privacy Act 1988 (Cth) in relation to any personal information you provide. If you have any questions please email us

Personally Identifiable Information

During registration, we ask you to provide details including your name, e-mail address and phone number. This information is personally identifiable information because it allows us to contact you and distinguish you. This information may be used for aggregate reporting.

We may receive additional personally identifiable information from you through communications with the Site. If so, we will use that information to fulfill your request and for aggregate reporting before deleting it from our active system. For example, if you email us to offer suggestions about our service or website, we will use that information to give you an answer. But we will also use that information to make our service better by reporting your request, without any personally identifying information, in our site reviews.

Other Information

In order to maintain and improve the Site, we gather some statistical data when you visit the Site. The exact information we collect may vary, but can include the date and time of an access to our site, the Internet Protocol address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your personally identifiable information. In addition, if you respond to a poll or a research questionnaire, we will aggregate your responses with those of other the Site users but we do not associate your response with any personally identifiable information.

Public Information

There are many ways to submit information to be posted on the Site including participating in our forums. In each of these circumstances, the Site gathers information from you. Be aware that anything you submit to the Site through these services may be made public, so please remember not to include any information you want kept private. Information submitted to forums can be read, recorded and used by any third party or by the Site.

Cookies

Like many web sites, we may use "cookies", which are stored on your computer and contain small amounts of information sent by the Site to your computer and read by the Site when you visit the different pages of our website. For example, cookies allow us to remember usernames and passwords (if applicable) as you navigate around our site. We also use AdWords' conversion tracking feature which uses cookies - see here for more information.

Registration

When you perform certain actions on this Site (including making enquiries, completing any form and submitting your details), you become a registered user. We reserve the right to terminate your registration and to withdraw your access to the Site at any time if you breach these terms and conditions, or if we consider that you are using the services provided on the Site in an inappropriate manner. You agree to pay for the services provided on the Site in the manner specified on the Site.

How We Use Collected Information

We gather the information discussed above for purposes of providing and improving the Site. For example, we may use the information we gather to make decisions about system upgrades and to communicate with you about updates and new features.

We also aggregate information supplied by users during registration and information about their use of the Site to maintain our services and describe our user base to third parties including potential partners, investors, and advertisers about products and services that may be of interest to you. We may supply summary data about our community of users and in some circumstances we may disclose personally identifiable information about you, and we think it is important that you know about them.

We may employ other companies to perform functions on our behalf, such as providing customer service, sending mail, advertising, processing credit card payments, hosting message boards or other functions necessary for us to provide our services to you or products and services that we consider may be of interest to you. We may share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes.

In the interest of enhancing our service, we may share some of your personal information with third parties in order to extend these services to you. We require that the third party respect your privacy and not disclose your information to other organisations without your consent, but beyond that, the third party's use of your information is governed by their privacy policies. We may reveal user information if we believe that a user is harming or interfering with other users of the Site, anyone else, or violating (either intentionally or unintentionally) our Terms & Conditions, or infringing any Miyagi Kan Go Ju-Ryu Karate Do' rights, or trespassing on, damaging, or abusing any Miyagi Kan Go Ju-Ryu Karate Do properties.

You agree that when providing an e-mail address to Miyagi Kan Go Ju-Ryu Karate Do, unless otherwise requested by you, you agree to receive special offers and promotional material sent to the relevant e-mail address by Miyagi Kan Go Ju-Ryu Karate Do or third parties.

We will reveal information, including personally identifiable information, to the extent we believe it is required to do so by law. If we are asked by subpoena or other legal means to disclose any of your personally identifiable information we will, if permitted by law, attempt to notify you via the e-mail address you supplied during registration at least ten days before we respond to the request. We may transfer any information, including any personally identifiable information, in connection with a sale of all or most of the assets of the company.

Accessing and Changing Your Information

We are committed to ensuring that you have control over your personal or business information. You can change your password and login details (business registrants only) and all of your other information by logging into the Account Management section.

Data Security

We have put in place a number of industry standard security measures to make sure your data is safe from loss, misuse, or alteration. These include industry standard encryption, firewall and other data security practices. Our employees and contractors may be given access to member data and if so, only on a password-protected basis. It is our employment policy that this information is to be treated with the utmost confidentiality, and any misuse of this information is grounds for disciplinary action, including termination.

Terms & Conditions & Privacy Policy Changes

We reserve the right to change the Terms of Use at any time by posting the changes on the Site. You are responsible for keeping up to date of any changes by regularly reviewing these Terms of Use. If you access the Site after any changes are posted, you agree to all changes.

Questions

If you have any questions about this privacy policy or our terms and conditions, please email us

Disclaimer

No claim is made as to the accuracy or authenticity of the content of the Site. We do not accept any liability to any person for the information or advice (or the use of such information or advice), which is provided on the Site or incorporated into it by reference. The information on the Site is provided on the basis that all persons accessing the Site undertake responsibility for assessing the relevance and accuracy of its content.

We do not accept any liability to any person in reference to using or visiting any facility listed on or registered with the Site and any use of or visit to any facility listed or registered on the Site is at the individual’s own risk. We do not accept any liability to any person in reference to purchasing health and fitness services provided by any facility listed on this Site and any use of or visit to any facility listed following a purchase on this Site is at the individual's own risk.

We cannot accept any responsibility for the loss, damage to equipment, stock or persons during a visit to a facility or external advertiser’s premises as a result of a ‘Voucher or Special Offer’ downloaded from the Site or any purchase from the Site. Any and all conditions of use, must be abided by any individual if visiting a facility or business or service provider that is advertising or is listed on the Site.

The information contained in the Site is not to be displayed, except in full screen format. No liability is accepted for any information or services, which may appear in any other format. No responsibility is taken for any information or services, which may appear on any linked websites.

Refund Policy

Except as provided by law, a refund of any purchase made from the Site will only be granted in accordance with this Refund Policy.

Australian Consumer Warranties

If this Agreement constitutes a supply of goods or services to a consumer to which the Australian Consumer Law ("ACL") applies, nothing contained in this Agreement excludes, restricts or modifies any condition, guarantee, warranty, right or remedy pursuant to which the ACL confers on the Client which may not be lawfully excluded (or the liability of any of our affiliates) with respect of the supply of any goods or services not ordinarily acquired for personal, domestic or household use or consumption, our liability for any breach of this Agreement will be limited as we may elect in our sole discretion, in the case of services supplied or offered by us, to either:

  • the supplying of the services again;
  • the payment of the cost of having the services supplied again or, in the case of goods supplied or offered by us;
  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the cost of replacing the goods or acquiring equivalent goods; or
  • the payment of the cost of having the goods repaired.

To the fullest extent permitted by law, we are not liable for any indirect, consequential or special loss or damage and all representations warranties or guarantees not expressly stated in these Terms of Use are excluded.

Viruses and/or Bugs

We use our best endeavours to minimise viruses and bugs from infiltrating the Site, however due to the nature of the internet the Site may be affected by viruses or bugs from time to time. We accept no responsibility for any damage or loss whatsoever which may be caused in relation to same.

Copyright and Trade Marks

The entire contents and design of the Site, including all trade marks, text, images and audio and video files, is proprietary to us or our content providers and other companies and is protected by copyright laws. This includes logos & trade marks in all Site content - these being registered®, trademarks™ and/or copyright© by the respective company or corporation. The Site is for your personal, non-commercial use. You may not reproduce, modify, copy, distribute, transmit, communicate, display, publish or use any material contained in the Site and/or our e-newsletters without our express prior written permission or the permission of the relevant copyright owner. You may not use any of the information on the Site for commercial purposes or to establish, operate or maintain your own product or service offering.

Indemnification

You agree to indemnify, defend and hold harmless us and our officers, directors, employees, agents, information providers, partners, advertisers, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable solicitor's fees, resulting from any violation of these Terms of Use or any activity related to your service account (including infringement of third parties' intellectual property rights anywhere in the world or negligent or wrongful conduct) by you or any other person accessing the Site using your login credentials.

Waiver, Release and Limitation of Liability

You agree that to the extent permitted by law neither we, nor our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Site. You hereby release and forever waive any and all claims you may have against us or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers (including but not limited to claims based upon our negligence or the negligence of our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers) for any loss or damage you sustain in connection with your use of the Site. Except where such limitation is prohibited by law, in no event shall we, our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers be liable to you for any loss or damage other than the amount referred to above, and their liability for all other loss or damage, whether direct or indirect, special, incidental, consequential or punitive, arising from any use of the Site is hereby excluded even if we or our officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers have been advised of the possibility of such damages.

Neither we, nor any of our affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Site, or resulting from the act or omission of any other party involved in making the Site or the information contained therein available to you, or from any other cause relating to your access to or your inability to access the Site or that information, whether or not the circumstances giving rise to such cause may have been within our control or the control of any vendor providing software or services support to us.

Third Party Rights

The provisions of Indemnification and the Waiver, Release and Limitation of Liability are for our benefit and the benefit of our officers, directors, employees, agents, partners, advertisers, information providers, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Miscellaneous

Advertisers and sponsors of the Site and/or its e-newsletters have no influence on editorial content or presentation. You may not assign or transfer any of your rights or obligations under these Terms of Use without our prior written consent. Our relationship with you under these Terms of Use is one of independent contractors and not of partnership, joint venture or principal and agent. We will send any legal notices or communications regarding your service account to your nominated email address. Please ensure that a valid email address is recorded at all times. Your primary point of contact with us should be via the "Contact Us" facility on the Site. Any formal notices or communications should be sent to our postal address:

Miyagikan.com.au
PO B0X CP 61,
Condell Park NSW 2200.

A notice sent to you by email or facsimile will be deemed to have been received by you 24 hours after it was sent, regardless of whether or not you have actually read the notice. Notices sent by mail will be deemed to have been received 3 days after the date of mailing (7 days if sent to or from outside Australia). If any clause or provision of these Terms of Use is determined to be illegal, invalid or unenforceable or capable of termination by a party in any jurisdiction in which these Terms of Use are to operate, then such clause or provision will be construed, to the extent feasible, to render the clause or provision enforceable. If no feasible interpretation would save such clause or provision, it will be severed from the remainder of these Terms of Use without affecting the enforceability of all remaining clauses and provisions.

Termination

These Terms of Use (and the agreement constituted by your use of the Site) and your access to the Site may be terminated at any time by the Company without notice. All licences granted by you and all disclaimers and limitations of liability by the Company will survive termination, however, you will no longer be authorised to access the Site.

If you breach any of the Terms of Use, then your permission to use Miyagikan.com.au automatically terminates.

These Terms of Use are governed by the laws of the State of New South Wales, Australia.