Terms and Conditions

This Website (www.thebench.com.au and related mobile applications) is owned and operated by Baffled Bench Pty. Ltd. ("TheBench", "thebench.com.au", "we" or "us", ACN: 665 600 742, ABN: 18 665 600 742). The use of this Website is governed by the following terms and conditions, our privacy policy and any other terms and conditions, notices and disclaimers displayed elsewhere on the Website relating to your use of the Website as amended by us from time to time (the "Terms and Conditions").

By using the Website, you ("User", "Coach" or "Member") acknowledge that you have read and understood these Terms and Conditions and agreed to be bound by them. You should read and familiarise yourself with these Terms and Conditions prior to using the Website.

If you do not agree with these Terms and Conditions you must immediately stop using the Website.

1. Membership

To access or use certain parts of the Website, you must register as a Member of the Website. When registering as a Member of the Website, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information.

All personal information you provide to us will be treated in accordance with our Privacy Policy.

You may terminate your membership of the Website for any reason by providing written notice to us. You can provide notice of termination by emailing us using the contact information on our Website or by using the opt out function provided in our email correspondence to you.

We reserve the right, without limitation, to do any or all of the following in relation to your membership:

a. suspend your membership; b. terminate your membership for any reason by providing notice to you by email; c. terminate your membership immediately without notice to you if you have committed a breach of the Terms and Conditions; and d. permanently or temporarily block your access to all or part of the Website.

2. Availability

TheBench does not represent or warrant that the Website will be accessible or available on a timely basis, or that access to the Website will be uninterrupted or error free. We will however endeavour to provide a high quality service within the bounds of our control.

Nothing in these Terms and Conditions obliges us to continue operating all or any part of the Website. We may modify or close down the Website (or part of it) at any time without any liability on our part.

3. Privacy & Security

We will use our reasonable endeavours to keep confidential any information provided by you via the Website and will not deliberately disclose any such information to any third parties, subject to the provisions of our Privacy Policy.

We may provide aggregate demographic and other information to third parties, provided that such information has been opted in and agreed by you.

Some information sent by or to you via the Website is not encrypted. You acknowledge that we do not guarantee the security of the content of any such information and it is entirely your responsibility to satisfy yourself as to whether our security measures are sufficient for your requirements.

Refer to our Privacy Policy for further information.

4. Links to Third Party Sites

This Website may contain links to other websites maintained by third parties.

We do not make any representation as to the accuracy or suitability of any of the information contained on those other websites, and do not accept any responsibility or liability for the conduct of those third parties or content of those other websites.

If this Website contains third party advertisements which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Website does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

5. Prohibited Conduct

You agree that you will not:

(a) use any automated device, software, process or means to access, retrieve, scrape, or index our Website or any content on our Website;

(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our Website or undertake any action that will impose a burden or make excessive traffic demands on our infrastructure;

(d) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so;

(e) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner;

(f) violate the rights of any person, including, copyright, trade secret, privacy right, or any other intellectual property or proprietary right;

(g) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;

(h) use the Website or any material on it:

(i) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, or "spamming";

(ii) to impersonate any person or entity;

(iii) to solicit money, passwords or personal information from any person;

(iv) to harm, abuse, harass, stalk, threaten or otherwise offend others; or

(v) for any unlawful purpose or in breach of any applicable laws.

6. Intellectual Property

Unless otherwise indicated, intellectual property in all information, data, images, logos and trademarks contained on this Website is owned by or licensed to us and all rights are reserved. You must not use any trademarks, service marks or logos which appear or are used on this Website nor do anything to prejudice, or which is inconsistent with, the rights of the owner or licensee of such trademarks, service marks or logos.

The subject matter on and accessible from our Website and publications is copyright. Apart from fair dealing permitted by the Copyright Act 1968, you have permission to download copyright material only for private and non-commercial purposes provided you keep intact all copyright and other proprietary notices.

You agree that information contained on this Website is for personal use only and may not be sold, redistributed or used for any commercial purpose

You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this Website including code and software. You must not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on this Website for establishing, maintaining, advancing or reproducing information contained on our Website on your own website or in any other publication, except with our prior written consent.

7. Viruses

We do not warrant that any data (including any software or other file) obtained through this Website is free of infection or viruses, worms, Trojan horses, code that manifests contaminating or destructive properties s or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. We will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this Website.

8. Cookies

Cookies are data files stored on your computer after you access certain websites. Cookies are primarily used to identify visitors when they return to a site, so that certain information already provided by the visitor to a site is not required to be provided again.

Cookies are also used to gather data on which areas of a site are visited frequently and which are not. Keeping data on which areas of a site are most popular allows a site operator to better plan and enhance the site.

Cookies are useful, and are used by us in this manner. We acknowledge that some users may wish to disable cookies.

This can be done by changing your web browser settings. To find out more about cookies, visit an appropriate website, such as Cookie Central.

9. Security

While we take all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the internet or while stored on our systems or on the Website and accordingly, to the full extent permitted by law, we disclaim all liability to you should this occur.

To become a registered member or user, you must provide a password and a login name. You must not disclose your password to anyone else and you are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name.

You agree to immediately notify us of any unauthorised use of your login name or any other breach of security known to you.

10. Disclaimer & Indemnity

While we will attempt to ensure that the information provided on the Website (including illustrations and specifications for goods) is correct, we cannot guarantee the reliability, accuracy or completeness of that information.

The information provided on the Website should not be considered advice of any nature. Such information is provided on an "as is" basis, without warranties or representations of any kind, either express or implied to the maximum extent permitted by law. TheBench recommends that you read the label on the goods carefully before using them.

To the fullest extent permitted by law, neither we, nor any of our subsidiary or affiliate companies or each of their respective officers, employees, agents, contractors or agents (altogether "Company and Staff") shall be liable for any loss, damage, claim, expense, cost or liability arising from, or relating to your use or non-use of the Website, your reliance upon information contained on the Website or transactions submitted online via the Website. In particular, the Company and Staff will have no liability for any loss, damage, claim, expense, cost or liability you suffer as a direct or indirect result of any:

(a) failure to receive any electronic message from you or any other person using the Website, or any corruption of any such message;

(b) inaccuracy of any information contained on the Website;

(d) temporary or permanent unavailability of the Website;

(e) interception of, or any other unauthorised dealing with, any electronic message sent by you or any other person using the Website;

(f) defect in, or problem with, any computer system or communication link;

(g) delays in electronic communication; or

(h) unavailability of, or defect in, any goods advertised on the Website.

To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for particular purpose and non-infringement unless we are required to provide such warranties under applicable law.

To the maximum extent permitted by law, we exclude all implied representations and warranties which may apply to your use of our Website and placement of orders through our Website. However, we do not exclude liability under any guarantee, condition or warranty which cannot be excluded by law. For example we do not exclude guarantees under the Australia Consumer Law that apply to services we provide.

To the extent that our liability cannot be excluded, for breach of non-excludable guarantee, condition or warranty will be limited to the fullest extent permissible by law, at our option to:

(a) in the case of services supplied or offered by us:

(i) the re-supply of those services; or

(ii) the payment of the cost of having those services re-supplied; and

(b) in the case of goods supplied or offered by us:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of the goods;

(iii) the payment of the cost of having the goods replaced or acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired.

In no circumstances will we be liable for any indirect, punitive or consequential loss or damage, loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

To the fullest extent permitted by law you agree to release and discharge TheBench and its related corporations, officers and employees from all forms of direct, special, indirect or consequential loss or damage (including loss of profits or other loss of damage that may reasonably be supposed to have been in the contemplation of the parties as at the date of the agreement and which arises out of or in connection with this Website or any online orders submitted through this Website (including the installation, downloading, use or performance of any software related to the TheBench Website.

11. Termination

This agreement and your access and use of the Website may be terminated by us at any time without notice and without any liability to TheBench and its officers, employees and contractors.

All restrictions imposed on you and any indemnities given by you and all disclaimers and limitations on liability as stated in these Terms and Conditions will survive such termination.

12. Compliance with Laws

You must comply with all applicable laws, regulations, and codes in relation to your access to, or use of the Website.

13. Miscellaneous

A right relating to these Terms and Conditions may only be waived by us in writing. Our failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

These Terms and Conditions are governed by, and are to be construed in accordance with, the laws in force in the State of Victoria, and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts in that State. If any provision of these Terms and Conditions is held void, unenforceable or illegal, that provision will be severed, and the rest of these Terms and Conditions will have full force and effect.

TheBench is not affiliated or endorsed by the AFL or the NRL.

14. Pricing

The prices that appear in this website are quoted in Australian dollars only. The price of the goods will be the price quoted on the Websites at the date the order is received. The price will include any applicable GST.

When we provide any goods to you, payment will be charged to the credit card account provided by you during checkout. We accept credit payments by Visa and Mastercard.

By placing an order, you consent to payment being charged to your credit account as provided on the order. All credit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

In paying or attempting to pay for the goods, you agree that you have not engaged in any fraudulent conduct or contravened any law.

All promotional codes must all be redeemed separately and cannot be combined in single orders.

15. Refunds

Refunds will be considered, subject to acceptance by TheBench, where a user has not been delivered the service as described. Refunds will not be considered for any other reason including for users who have opted not to continue with the Service after a payment has been made. A refund will be via a charge back on the users payment method (eg. credit card).

Contact

Should you with to contact us, please send a message here.

Should you wish to contact us by mail, please send correspondence to 61 William Street Essendon VIC 3040. For urgent matters, you can contact us by phone on 0418 131 570 or email on contact @ thebench . com . au.

DISCLAIMER

TheBench reserves the right to change any or all of the information contained in these Terms and Conditions without notice. We recommend that you visit the Terms & Conditions from time to time to remain fully updated.