Introduction
Welcome to the Scream Athletic website (the Website), which is operated by Scream Athletic Pty Ltd A.C.N. 670 965 367 (we, us, our or Scream Athletic). Your access to the Website is conditional upon your acceptance of, and compliance with, the terms, conditions, notices and disclaimers contained in this document (Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. We reserve the right to amend the Terms of Use at any time. While we may notify you of changes, it is your responsibility to review them periodically. Continued use of the Website means you accept the amended Terms.
Orders
While we strive to ensure that all product details, descriptions, and prices appearing on this Website are accurate, errors may occur. We may choose not to fulfil any order (or part of any order) where the Website contains errors or inaccuracies including, but not limited to, pricing, shipping, payment terms, or return policy issues. If we do not fulfil any part of your order, we will refund you for any goods or services not provided, including related delivery fees.
For goods:
- Risk passes to you once we dispatch the goods using postal or courier services.
- Title to the goods passes only upon full payment of the order.
Our Services
We cannot guarantee uninterrupted or error-free operation of the Website. We will use reasonable efforts to maintain access, but do not warrant availability. We reserve the right to discontinue or modify the Website (in part or whole) without notice, and will not be liable for any resulting loss or damages.
Prohibited Conduct
You agree not to:
- Use the Website for unlawful or infringing activities;
- Transmit any content that is defamatory, threatening, abusive, offensive, or otherwise objectionable;
- Use the Website to distribute spam;
- Interfere with the Website’s performance or security;
- Attempt to gain unauthorised access to other systems through the Website;
- Transmit any viruses or harmful code.
Intellectual Property
All content on the Website — including text, images, graphics, logos, audio, video, software, and layout — is owned or licensed by Scream Athletic and protected by intellectual property laws.
You may:
- View the Website using a standard web browser;
- Temporarily cache copies of content for personal use.
You may not:
- Reproduce or exploit any Website content for commercial use;
- Modify, frame, post, upload or distribute Website content without written permission;
- Use our trademarks or logos without prior written consent.
Third Party Links
The Website may include links to third-party websites (Linked Websites). These are provided for convenience and do not imply endorsement or responsibility for their content. Use of Linked Websites is at your own risk.
Indemnity
You agree to indemnify Scream Athletic from and against all actions, claims, liabilities, losses, costs or expenses (including legal fees) arising from your use of the Website, your breach of these Terms, or your violation of any rights of another person or entity.
Disclaimer
Certain laws, such as the Australian Consumer Law, may give you rights that cannot be excluded. Nothing in these Terms limits those rights.
Subject to your statutory rights:
- The Website and its content are provided “as is” without warranties of any kind;
- We disclaim all warranties, express or implied, including merchantability and fitness for purpose;
- We do not guarantee that the Website will be uninterrupted, secure or error-free.
We are not liable for any loss or damage (including indirect or consequential loss) resulting from your use or inability to use the Website.
Limitation of Liability
Where liability for breach of any warranty or condition cannot be excluded, it is limited to, at our option:
For goods:
- Replacement or equivalent goods;
- Repair of goods;
- Payment of costs to replace or repair the goods.
For services:
- Re-supply of services; or
- Payment of the cost to re-supply the services.
Privacy
By using the Website, you also agree to our Privacy Policy, which explains how we collect, use and protect your personal information.
Termination
These Terms of Use remain in effect until terminated by us. We may do so at any time without notice. Any restrictions or limitations of liability in these Terms survive termination.
Miscellaneous
- If any part of these Terms is deemed invalid, the remaining provisions will remain enforceable.
- Failure to act on a breach of these Terms does not constitute a waiver of our rights.
- Your use of the Website is at your own risk and you are responsible for complying with applicable laws in your location.
Applicable Law
These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the non-exclusive jurisdiction of the courts of Queensland.
Contact Us
If you have any questions about these Terms of Use, please contact us at:
Email: support@screamathletic.com