1. Welcome to the Kooyong Classic website owned and operated by Kooyong Lawn Tennis Club Inc (Kooyong).
6. The Information is provided by Kooyong in good faith on an “as is” basis without warranty of any kind. Kooyong does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information contained on the Site (collectively, the Information), or that it is suitable for your intended use.
7. You agree and acknowledge that you have not made known to Kooyong either expressly or by implication, any purpose for which you require the Site, and you have the sole responsibility of satisfying yourself it is suitable for your intended use.
8. The Information provided is of a general nature only and should not be used as the basis for making any decision, without consulting primary, more accurate, complete or timely sources of information and relating it to your personal and financial circumstances.
9. The Site may contain historical Information that is not current and is provided for reference purposes only.
10. The Information does not constitute professional advice.
11. Kooyong does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of the Site and the Information is at your own risk.
12. Kooyong reserves the right to vary or modify the Information contained on the Site, to change or discontinue any feature or part of the Site, to change the hours of availability and the equipment required to obtain access to the Site, without notice and without liability.
13. Kooyong makes no warranties, guarantees or representations that the material on the Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check and similar checks on any Information downloaded.
14. All warranties, representations and implied terms and any liability which may arise in relation to your access to the Site or the Information are expressly excluded to the extent permitted by law.
15. Kooyong reserves the right to suspend or terminate your access to the Site at its sole discretion for any reason.
16. Kooyong will use reasonable endeavours to ensure that the Site is available continuously. However, Kooyong does not guarantee that access to the Site will be continuous or uninterrupted.
LIMITATION OF LIABILITY
17. To the extent permitted by law, Kooyong, its directors, employees, contractors and representatives will in no way be liable to any party for any injury, loss or damage arising out of or related to the use of (or the inability to use) the Information, any opinions displayed on the Site, or any information made available in response to any enquiries or the selection of goods or services referring to it.
18. To the extent permitted by law, Kooyong will not be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of any equipment, Kooyong will not be liable for those costs to the extent permitted by law.
19. Where liability cannot be excluded, to the extent permitted by law, any liability incurred by Kooyong is limited to the re-supply of the Information on the Site, or the reasonable costs of having the Information re-supplied.
LINKS TO OTHER SITES
20. You may from time to time be able, through hypertext or other computer links, to gain access to other websites operated either by Kooyong, its affiliates (Linked Sites) or other third parties (Third Party Linked Sites).
23. The copyright on the Site is owned by Kooyong and/or its affiliates. All rights reserved.
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27. Commercial use of the Site and the Information is expressly prohibited.
28. All trade marks and trade names which appear on this Site are proprietary to Kooyong and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
29. Any publication of Kooyong’s email addresses on this Site is to facilitate communications relating to the goods and services supplied by Kooyong. It must not be inferred as consent by Kooyong to receive unsolicited commercial electronic messages.
30. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia, and the courts entitled to hear appeals from those courts. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
31. If a provision (or part of it) is held to be unenforceable or invalid, then it must be interpreted as narrowly as necessary to allow it to be enforceable or valid.
32. If a provision (or part of it) cannot be read down, then the provision (or part of it) must be severed from this Agreement and the remaining provisions (and remaining part of the provision) are valid and enforceable.
33. A party may exercise its rights at any time and does not waive those even if that party previously waived a breach or default of all or part of the same or other provision or delayed or omitted to exercise its rights.
34. A waiver is only effective if it is signed by the party granting the waiver and only to the extent set out in the waiver.