www.mizuno.com.au (the “Site”) is an online service owned and operated by Mizuno Corporation Australia Pty Ltd (Mizuno).
Please read this agreement carefully before accessing or using the information and services available through the Site.
Intellectual Property Rights
Unless otherwise stated, Mizuno owns or has a valid licence to use all copyright in the content of the Site and trade marks used on the Site.
You must not modify, copy, adapt, store in a retrieval system, reproduce, upload, post, transmit, sell, frame or embed in another website or distribute in any way any content contained on or in the Site and owned or licensed by Mizuno, except as expressly approved by us in writing or as permitted under the Copyright Act 1968 (Cth).
We grant you permission to do the following with the material on the Site:
( a ) store a reproduction of the material on your local computer for the sole purpose of viewing the material; and
( b ) print hard copies of material for your personal information, but not commercial use.
Limitation of Liability
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Site or the content or material on or accessible through the Site.
Except as expressly stated in these terms, We will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Site or the content or material of the Site (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law
Prohibited User Conduct
( a ) use the Site for any activities or to post or to transmit to or via the Site, any information or materials which breach any laws or regulations, infringe a third party’s rights or are contrary to any relevant standards or codes;
( b ) where applicable, use another’s name, username or password without their permission;
( c ) tamper with, hinder the operation of, or make unauthorised modifications to the Site;
( d ) knowingly transmit any viruses, worms, defects, Trojan horses or other disabling feature to the Site;
( e ) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
( f ) modify, adapt, translate, or reverse engineer any portion of the Site;
( g ) remove any copyright, trade mark or other proprietary rights notices contained in or on the Site;
( h ) reformat or frame any portion of the web pages that are part of the Site;
( i ) where applicable, create user accounts by automated means or under false or fraudulent pretenses;
( j ) use the Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
( k ) take any action that imposes, or may impose in our sole and binding opinion, an unacceptable or disproportionately large load on our IT infrastructure;
( m ) attempt any of the above acts or permit another person to do any of the above acts.
Conduct in Forums and Content of Postings
When using or posting to forums or posting content on the Site:
( a ) you agree to use only post relevant content and material;
( c ) without limiting your obligations, you agree that it is an express condition of using our forums and/or posting content to the Site that you will not:
i. violate the legal rights of others;
ii. impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
iii. defame, threaten, harass, stalk or flame any other user;
iv. publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person’s intellectual property rights or is defamatory, obscene, indecent, pornographic or otherwise objectionable;
v. upload or attach files that contain material protected by intellectual property laws unless you own or have all required licences or consents to use such material;
vi. upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;
vii. advertise, solicit business, offer to sell any goods or services;
viii. post or send any SPAM, junk mail, chain letters or pyramid schemes;
ix. conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
x. recruit other users to join another web site forum, whether personal or otherwise; or
xi. post the same message or material more than once in the same forum.
( d ) we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable laws;
( e ) you acknowledge that all forums, discussion groups and content postings are public and not private communications. Information or postings submitted to the forum or discussion group by users is subject to our review and moderation. We reserve the right to remove without notice or moderate any content in a forum or discussion group or any content posting for any reason;
( f ) we reserve the right to terminate, without prior notice, your account access.
Links to External Sites
The Site has links to other Internet sites for the purpose of assisting you in finding information regarding Mizuno’s range of products including running attire and footwear, golf products and team sports goods. The Mizuno Golf sites is maintained by third parties and are not under the control of Mizuno. Mizuno is not responsible for the contents of any linked site, forum or any link contained in a linked site or forum. Inclusion of a link on the Site does not constitute endorsement of that site. Mizuno is not responsible for the accuracy, legality of decency of that site. Mizuno will not be liable for any damage or loss arising from any service provided by a third party.
Any publication of e-mail addresses on the Site is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.
By entering and using the Site, you agree to indemnify Mizuno against all claims, demands, proceedings, costs (including legal costs), expenses, damages, awards, judgments, and any other liability whatsoever wholly or partially arising directly or indirectly in connection with access to or use of the Site and its content or materials.
We provide the Site on an “as is” basis without any express or implied warranty of any kind.
While we exercise all due care and precautions,Mizuno cannot and does not guarantee or warrant that files, information or images available for viewing and downloading through the Site or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy their requirements for accuracy of data input and output, and for maintaining a means external to the Site to reconstruct any lost data.
In compiling content for the Site, Mizuno relies on information supplied by a number of external sources. Content on the Site is supplied on the basis that while Mizuno believes that all the information in it will be correct at the time of publication, we do not warrant the accuracy or completeness of such information.
Where any legislation such as the Competition and Consumer Act (2010) (Cth) including the accompanying Australian Consumer Law implies into this agreement any condition or warranty and that legislation voids or prohibits conditions in a contract excluding the application of the conditional warranty, the liability of Mizuno for any breach of the condition or warranty is limited to, at Mizuno’s option either:
a. the resupply of the services; or
b. the reasonable cost of having the services resupplied.
If any part of this agreement is deemed invalid, that part will be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable.
This agreement is governed by the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the laws and courts of Victoria, Australia.
We welcome your feedback regarding our Site. If you provide feedback or send comments to Us, you agree that Mizuno is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.
You can contact us on:
Phone: +613 9239 7100
Post: 17 Anzed Court, Mulgrave VIC 3170 Australia