Terms and Conditions

Disclaimer
Documents
Limitation of Liability
Links to Third-Party sites
Refund & Credit Policy
Trademarks
Promotions

Disclaimer

The information contained on this website is in the nature of general comment only, and neither purports, nor is intended, to be advice on a particular matter. No reader should act on the basis of anything contained on this Website without seeking independent professional medical advice. No responsibility or liability whatsoever can be accepted by Sports Medicine Australia or the authors for any loss, damage or injury that may arise from any person acting on any statement or information contained on this Website and all such liabilities are expressly disclaimed.

Documents

Permission to use Documents (such as submissions, press releases, and other publications) from this server (”Server”) is granted by Sports Medicine Australia (”SMA”), provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Server is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any unauthorised purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of this Web site. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Web site may be copied or retransmitted unless expressly permitted by the SMA.

Limitation of Liability

SPORTS MEDICINE AUSTRALIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS AND/OR SOFTWARE PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL SPORTS MEDICINE AUSTRALIA AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF SPORTS MEDICINE AUSTRALIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Sites

LINKED SITES ARE NOT UNDER THE CONTROL OF SMA AND SMA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. SMA PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SMA OF THE SITE.

Refund & Credit Policy

Refunds, credits or exchanges may be provided in the following circumstances:

Sports Medicine Australia cancels a product or service in part or in full.
the member/client cancels an order for a product or service in part or in full.
the product is unsatisfactory
the price varies from that advertised or paid by the client either up or down
Sport Medicine Australia cancels a product or service and replaces it with a differently priced one
the person or organisation billed did not originate the charge as a result of fraudulent use of credit cards or other such circumstances.

This policy is subject to any specific licence agreement or contract applicable to specific products and services.

Product Not Available

Where a member or client has paid for a product or service which is not subsequently available, the client is entitled to a full credit or, at the client’s request, a refund.

Order is Cancelled Prior To Delivery – Subscriptions

Where a member or client cancels a subscription product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered.

Order Is Cancelled Prior To Delivery – Standard Products
Where a client cancels a standard product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered.

Order Is Cancelled Prior To Delivery – Customised Output
Where a client cancels a product or service in full or in part, the client is entitled to a full credit of that portion of the product or service that has not been delivered, less the costs already incurred in developing or preparing that product or service.

Product Is Returned As Being Unsatisfactory
Unless there is a specific licence agreement or contract in place, the Sports Medicine Australia’s Conditions of sale apply :
“Subject to any warranty which may be implied by law, Sports Medicine Australia’s liability to the client for any loss, damage or injury howsoever caused Sports Medicine Australia, whether due to negligence or otherwise, in relation to a product shall be limited to providing a replacement copy of that product”.

Therefore, a refund or credit is not generally applicable. However, where it can be ascertained that the client’s dissatisfaction is attributable to error on the part of Sports Medicine Australia, Sports Medicine Australia may allow a refund.

Price Variations
Where the price of a prepaid product or service decreases in accordance with any other Sports Medicine Australia policy, prior to the release of the product or service, the client is entitled to a credit of the difference.

If price of a prepaid product or service increases in accordance with any other Sports Medicine Australia policy, Sports Medicine Australia will not seek to recover the difference.

Superseded Products
If Sports Medicine Australia cancels a prepaid product or service and replaces it with a lesser priced product or service, then the client shall receive a credit of the difference.

Where Sports Medicine Australia cancels a prepaid product or service and replaces it with a greater priced product or service, Sports Medicine Australia will not seek to recover the difference

Proof Of Purchase
Proof of purchase is required for purchases for which a refund is sought:

for purchases receipted through Sports Medicine Australia point-of-sale machines, a POS receipt is required;
for invoiced products, the invoice number is required;
for credit card purchases, the credit card receipt or tax invoice is required.

Refunds
The method of refund will be via direct deposit, cheque or credit card transfer only.

Trademarks

Sports Medicine Australia (”SMA”), its Logo and information cards and the names of SMA products referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of Sports Medicine Australia. Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Promotions

All promotions are subject to availability and inventory. SMA reserves the right to change, alter, or cancel promotions at any time without notice.