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In using Bowlstrong.com you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “Bowlstrong”, “Ourselves”, “We” and “Us”, refers to the business Bowlstrong. “Party”, “Parties”, or “Us”, refers to both the Client and Bowlstrong, or either the Client or Bowlstrong. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate and reasonable manner, whether by phone or email communication, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Bowlstrong’s stated services/products, in accordance with and subject to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Bowlstrong is committed to protecting your privacy. Bowlstrong uses your information on a need to know basis for communication and service related issues. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Bowlstrong is registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, unless legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by Bowlstrong will only be in connection with the provision of agreed services and products.
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, Bowlstrong:
1. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or Bowlstrong’s literature; and
2. Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised Bowlstrong of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
Bowlstrong does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Payment is made through PayPal and Stripe. Payment must be made first before the provision of services by Bowlstrong.
Cancellation Policy
Minimum 24 hours notice of cancellation required. Notification for instance, in person, via email, or any other means will be accepted subject to confirmation in writing. Refunds will be provided given that your service has not already been commenced by Bowlstrong.
Termination of Agreements and Refunds Policy
Both the Client and Bowlstrong have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.
Since Bowlstrong.com is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at Bowlstrong.com.
However, Bowlstrong does realise that exceptional circumstance can take place with regard to the character of the product that is supplied.
Therefore, we DO honour requests for the refund on the following reasons:
1. If a service has not been commenced by Bowlstrong;
2. Non-delivery of the product: due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting Bowlstrong for assistance. Claims for non-delivery must be submitted to hello@bowlstrong.com in writing within 7 days from the order placing date. Otherwise the product will be considered received and downloaded;
3. Download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to hello@bowlstrong.com. If you do not properly contact Bowlstrong during this period, you agree that this may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading or unzipping within 3 days may result in a refund decline;
4. Major defects: although all the products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to hello@bowlstrong.com for approval. Bowlstrong keeps the right to rectify the error or defect within 72 hours. If any deficiency is approved and Bowlstrong fails to correct it within 72 hours from the date of the initial complaint letter or any other notification provided by a customer, the refund will be issued to the customer in full without any compensations or reimbursements.
5. Product not-as-described: such issues should be reported to hello@bowlstrong.com within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honoured.
Please note that Bowlstrong does not bear any responsibility and therefore does not satisfy any refund / return / exchange requests based on incompatibility of products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. Bowlstrong does not guarantee that products are fully compatible with any third-party programs and does not provide support for third-party applications.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of Bowlstrong. Bowlstrong does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify Bowlstrong, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Bowlstrong uses IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within Bowlstrong on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Copyright and other relevant intellectual property rights exist on all text relating to Bowlstrong’s services and the full content of this website.
Bowlstrong can be contacted on hello@bowlstrong.com. Please allow 48-72 hours for Bowlstrong to get back to you on the problem.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Australia govern these terms and conditions. By accessing this website, and using our services / buying our products, you consent to these terms and conditions and to the exclusive jurisdiction of the Australian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of Bowlstrong to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of Bowlstrong.
Notification of Changes
Bowlstrong reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Bowlstrong is a registered business in Australia, ABN 22658853546.
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