Prodigy Performance

Website Terms of Use

These Terms of Use (“Terms”) govern your use of the website located at www.prodigyperformance.com.au (“our Website”) and form a binding contractual agreement between you, the user of our Website and us, Prodigy Performance.

For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use or continue to use our Website. Our contact details can be found on the “Contact Us” page of our Website.

By using our Website you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use or continue to use our Website.
1.        License to Use Our Website Site

1.1     We grant you a non-exclusive, worldwide, non-transferable license to use our Website in accordance with the terms and conditions set out in these Terms.

1.2     You may access and use our Website in the normal manner and may also print copies of any page within our Website for your own personal, non-commercial use.

1.3     Our Website may contain links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated or any content available on any linked website.

2. Acceptable use

2.1 You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

2.2 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

2.3 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Prodigy Performance’s express written consent.

2.4 You must not use this website to transmit or send unsolicited commercial communications.

2.5 You must not use this website for any purposes related to marketing without Prodigy Performance’s express written consent.

3.        Intellectual Property

Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in all material appearing on our Website.

4.        Warranties

You represent and warrant to us that you have the legal capacity to enter these Terms.

5.        Liability

5.1     To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages that results from using our Website.

5.2     To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

5.3     These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:

(a) in the case of goods:

(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 replacing the goods or of acquiring equivalent goods; or

(iv) the payment of having the goods repaired, and

(b) in the case of services:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

6.        Termination

6.1     These Terms terminate automatically if, for any reason, we cease to operate our Website.

6.2     We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

7.        General

7.1     If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

7.2     This Agreement will be governed by and construed according to the laws of the State of South Australia and the Commonwealth of Australia. The parties agree to submit to the exclusive jurisdiction of the courts of the State of South Australia and agree that if any proceedings concerning this Agreement are to be commenced in a court of the Commonwealth of Australia, such proceedings will be filed in the South Australian registry of such a court.