Terms and Conditions

Updated 30 October 2023

The website located at www.sportsmindjunior.com (Website), the Sportsmind Junior mobile application (Sportsmind Junior App) and the Goods and Services provided in connection with the Website and/or Sportsmind Junior, are owned, controlled, operated and/or provided by Sportsmind Junior (ABN 46 890 248 276) collectively, we, our, us, Sportsmind Junior).

The terms and conditions set out below (Terms and Conditions) will apply to you (you or your) if you access, browse and use the Website or the Sportsmind Junior App. By accessing and using Website or the Sportsmind Junior App, or by specifically agreeing to the Terms and Conditions at any time when you are using the Website or the Sportsmind Junior App, you agree to the Terms and Conditions. If you do not accept the Terms and Conditions, you must not access and use the Website or the Sportsmind Junior App.

We may change the Terms and Conditions at any time. If you have a Sportsmind Junior account (as defined below), we will provide you with notice of any changes via the e-mail linked to your account.

Any use of the Website or the Sportsmind Junior App by you after the date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.

You should familiarise yourself with the Terms and Conditions before accessing the Website or the Sportsmind Junior App.

If you have any questions about the Terms and Conditions, you can contact us at damien@sportsmindjunior.com

PLEASE CAREFULLY NOTE THE FOLLOWING ABOUT THE TERMS AND CONDITIONS:

• Any Content that can be accessed on the Website or Sportsmind Junior App is for your personal, non-commercial use only.

• Your ability to hold us responsible for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.

• Our liability to you for any loss or damage you may suffer from using the Goods and Services may be significantly restricted.

• Subject to any rights which you may have as a Consumer or otherwise at law which cannot be excluded under contract, your use and access of the Goods and Services is on an "as is" basis and is entirely at your own risk.

• You are solely responsible for compliance with all laws and regulations applicable to your use of the Goods and Services.

• You may be required to compensate us for any loss or damage that we may suffer from your breaching the Terms and Conditions.

A. TERMS 1.

Application of Terms and Conditions

1.1. You agree to be legally bound by the Terms and Conditions when you do any of the following: (a) viewing, browsing, accessing or otherwise using the Website or Sportsmind Junior App; (b) indicating that you agree to the Terms and Conditions when registering a Sportsmind Junior Account.

1.2. Your access to, and use of, the Website and Sportsmind Junior App, is subject to all conditions specified in the Terms and Conditions.

2. Member Registration

2.1. You may need to register a user account in order to access specific sections of the Website or the Sportsmind Junior App (Sportsmind Junior Account).

2.2. When you register and activate your Sportsmind Junior Account, you will provide us with Personal Information such as your name and email address. You must ensure that this information is accurate and current.

2.3. When you register and activate your Sportsmind Junior Account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under your Sportsmind Junior Account.

2.4. If you are under the age of 13 years, you must not create a Sportsmind Junior account or engage with any of the Sportsmind Junior Content IP.

If you are under the age of 18 years, you must not create a Sportsmind Junior Account.  If you are 13 years or older but under the age of 18 years, a Parent/Legal Guardian needs to create a Sportsmind Junior Account for you.  This action represents that you have reviewed the Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions.

If you are a parent or legal guardian permitting a person over the age of 13 years but under the age of 18 years (Minor) to create a Sportsmind Junior Account, you agree to:

(a) exercise supervision over the Minor's use of the Website and the Sportsmind Junior App;

(b) assume all risks associated with the Minor's use of the Website and the Sportsmind Junior App, including the transmission of content or information to and from third parties via the Internet;

(c) ensure that the content and information that the Minor may encounter on the Website and the Sportsmind Junior App is suitable for the Minor;

(d) assume any liabilities resulting from the Minor's use of the Website and the Sportsmind Junior App;

(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and

(f) provide the consents contained in the Terms and Conditions on behalf of the Minor.

2.5 If you are a Minor, we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to the Terms and Conditions on your behalf, and, even if we do not do this, we will assume that this is the case and will provide you with a Sportsmind Junior Account (which you have requested) on this basis.

3. Personal Information

3.1. By providing your Personal Information to us, you consent to our collecting, handling, using and disclosing that information in accordance with our Privacy Policy.

4. Purchases

4.1. In the event that you purchase any Goods or Sportsmind Junior Content from us, the terms in this clause will apply.

Order

4.2. Any order placed by you for Goods and Services on the Website or the Sportsmind Junior App (Order) is an offer to purchase the Goods and Services you have selected for the Fees and any Delivery Charges specified on the Website or the Sportsmind Junior App (at the time you place your Order).

4.3. We may accept or reject your Order at our discretion. If we reject your Order, we will notify you of that rejection and refund any Fees and Delivery Charges paid which are related to your Order. Fees & Payment

4.4. The Fees are as displayed on the Website and the Sportsmind Junior App from time to time. We reserve the right to change those Fees and Delivery Charges at any time.

4.5. Unless specified otherwise, the Fees and Delivery Charges displayed on our Website and the Sportsmind Junior App are shown in Australian dollars (AUD) and are inclusive of GST.

4.6. We may need to change the Fees payable by you after you have placed an Order, but prior to our fulfilment of the Order, due to increases in our supply or delivery costs or because of a price listing error. You may cancel an Order in writing if there is a change in the Fees and do not wish to accept the change.

4.7. The Price and any Delivery Charges applicable to your order can be paid through the functionality provided on the Website or Sportsmind Junior for credit card payments (which may be via an e-commerce payment provider).

4.8. If we use a third party e-commerce payment provider to process payment of Fees and any Delivery Charges, your use of that platform is governed by the applicable terms of service for that payment provider. If you pay for any Fees via any “in-app purchases” made through the Apple App Store or Google Play Store (App Store) or Passion Payments, which may be provided for in the functionality of the Sportsmind Junior App, those purchases are subject to the terms and conditions specified by the App Store and Passion Payments.

Hosting of Sportsmind Junior

4.9. The Sportsmind Junior Content may be hosted on, and accessible via, a third party platform (Hosting Platform). Your use and interactions with the Hosting Platform are governed by the terms and conditions or similar agreement in place which governs using and accessing these platforms (Hosting Platform TOS). You agree to comply with the Hosting Platform TOS, as applicable.

Returns Policy

4.10. We offer refunds and other remedies for Goods and Services purchased from us in accordance with your rights under the Australian Consumer Law, and as specified under the Terms and Conditions, but only in instances where the product has been found to be faulty and this will be at the determination of Sportsmind Junior.

4.11. Once your Order has been placed, you cannot cancel the order before it is fulfilled by us.

4.12. You are not entitled to a refund of the Fees paid to purchase any of the Goods and Services for change of mind reasons.

4.13. Due to Sportsmind Junior App being a digital product and containing sensitive Sportsmind Junior Content IP, no refunds will be provided to you after 24 hours of the product being purchased has expired.

5. Intellectual Property

5.1. The Intellectual Property subsisting in the Sportsmind Junior Content (Sportsmind Junior Content IP), and Website and Sportsmind Junior App (Website/App IP), is exclusively owned and controlled by us or our third party licensors, and is protected by Australian and international law governing intellectual property rights.

The Website/App IP and Sportsmind Junior Content IP remains the exclusive property of us or our third party licensors.

5.2. We provide you with a non-exclusive, non-sublicensable, revocable, worldwide and non-transferable licence to:

(a) access and use the Website/App IP strictly as required for the ordinary, personal and non-commercial use of the Website and Sportsmind Junior App;

(b) use the Sportsmind Junior Content IP enabled by us for your access:

(i) for the purposes of accessing and viewing the Sportsmind Junior Content IP on your electronic device for personal use; and (ii) for the period of time which you use the Sportsmind Junior Content IP (where applicable).

5.3. Subject to clause 5.2, you are not permitted to save, download, reproduce, publicly show, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website/App IP or Sportsmind Junior Content IP (including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of Website/App IP or Sportsmind Junior Content IP by you is strictly prohibited.

5.4. You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy or adapt your User Content for the sole purpose of providing you with the Goods and Services in connection with the Website and the Sportsmind Junior App.

5.5. If you wish to use the Website/App IP or Sportsmind Junior Content IP beyond the rights provided in clause 5.2, please contact us at damien@sportsmindjunior.com to make a licensing request.

Please include the following details with your request:

(a) a description of the Website/App IP or Sportsmind Junior Content IP which you wish to licence;

(b) a description of the purposes for which you wish to use the Website/App IP or Sportsmind Junior Content IP, for example communicating the Sportsmind Junior Content IP to members of your sporting association, educational institution or workplace; and

(c) the duration for which you require the licence. 6. Permitted use of Website and the Sportsmind Junior App

6.1. You must not:

(a) use the Website or Sportsmind Junior App for any purpose that is illegal, unlawful, infringes upon the rights of any third party, or is prohibited by the Terms and Conditions;

(b) interfere or attempt to interfere with the proper working of the Website or the Sportsmind Junior App, or obtain or attempt to obtain unauthorised access to the Website or the Sportsmind Junior App, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code of the Website or the Sportsmind Junior App, or other illegitimate means;

(c) contact Users of the Website or the Sportsmind Junior App for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails;

(d) contact Users of the Website or the Sportsmind Junior App for the purpose defaming, abusing, threatening or defrauding them;

(e) use the Website or the Sportsmind Junior App to impersonate any entity (including us), or falsely claim an affiliation with any person or entity;

(f) scrape or otherwise obtain any data (such as by data mining) from the Website or the Sportsmind Junior App for any purpose; or

(g) use any Content to spam third parties.

6.2. You must comply with all laws and regulations applicable to the use of the Website and the Sportsmind Junior App. You are solely responsible for your conduct in the course of using the Website and the Sportsmind Junior App.

6.3. We reserve the right to exercise any lawful means we deem necessary to prevent unauthorised use of the Website or the Sportsmind Junior App by you in breach of the Terms and Conditions, including technological barriers, blocking your continued access to the Website or the Sportsmind Junior App, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Website or the Sportsmind Junior App.

7. Disclaimers

7.1. To the extent permitted by law, the Goods and Services are provided to “as is”, and we do not provide any representations, guarantees or warranties to you that the Goods and Services will be suitable or fit for any purpose, or provide any mental or physical health benefit.

7.2. To the extent permitted by law, you are solely responsible for compliance with all laws and regulations applicable to your use and enjoyment of the Goods and Services.

7.3. We are not responsible, and disclaim any legal responsibility or liability to you, for the following:

(a) User Content or other material that is created, or otherwise appears via the Website and the Sportsmind Junior App. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website and the Sportsmind Junior App;

(b) ensuring that the Sportsmind Junior App Content, or other information or content available on the Website or the Sportsmind Junior App, is complete, accurate, reliable, up-to-date and available;

(c) any content which can be accessed through hyperlinks on the Website or the Sportsmind Junior App to third-party websites, or any third-party information or content which appears on the Website or the Sportsmind Junior App (Third Party Content). All Third Party Content is the responsibility of its author or publisher, and we do not endorse, support, represent or guarantee the accuracy, completeness or reliability of that content.

8. Exclusions and Limitations of Liability

8.1. If you are a Consumer, the sale of the Goods and Services comes with consumer guarantees under the Australian Consumer Law (Consumer Guarantees).

If you are a Consumer, nothing in the Terms and Conditions is intended to limit or exclude your Consumer Guarantees.

8.2. Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees under the Australian Consumer Law), the exclusion of which under a contract would contravene any statute or cause any part of the Terms and Conditions to be void (Non-Excludable Conditions), we (including our Representatives) exclude our liability to you for all types of Loss resulting from the Goods and Services however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise). This includes (without limitation) any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or Consequential Loss.

8.3. If we are not able to exclude our liability to you, but are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for a breach of any Non-Excludable Conditions is limited to one or more of the following at our option: (a) for goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) for services, the supply of the services again, or the payment of the cost of having services supplied again.

8.4. If we are not able to exclude liability to you, and not able to limit our liability to you in the way provided under clause 8.3, then to the extent permitted by law, our liability is limited to the Fees paid by you for any Goods and Services.

8.5. Subject to the application of any Non-Excludable Conditions, you hereby release us and our Representatives from any Loss, Claim or other liability that you suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) which arises from, or is connected with, any of the following:

(a) your use of, or inability to use, the Website and the Sportsmind Junior App;

(b) your use of, and reliance upon, any Content;

(c) accessing hyperlinks to third-party websites provided on the Website or the Sportsmind Junior App by us or other Users.

9. Indemnity

9.1. You agree to indemnify us and our Representatives, and must keep us and our Representatives indemnified, against any Loss or Claim that we or our Representatives suffer on incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) that arises from, or is connected with, your breach of any term of the Terms and Conditions.

9.2. This indemnity in clause 9.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions, and continues after the Terms and Conditions expire or is terminated.

10. Termination

10.1. The Terms and Conditions may be terminated: (a) by mutual written agreement; (b) by a party, if the other party breaches a term of the Terms and Conditions which is not capable of remedy, or which is capable of remedy and has not been remedied within 14 days of receiving written notice (which, for notice sent to us, must be sent to damien@sportsmindjunior.com with the subject line “Notice of Breach”) from the non-breaching party detailing the extent of the breach.

10.2. For the avoidance of doubt, the use of Website/App IP or the Sportsmind Junior Content IP other than as permitted under clause 5.2, and any breach of clauses 5 and 6 by you, is considered a breach of the Terms and Conditions which is not capable of remedy and will provide us with the right to immediately terminate the Terms and Conditions with you under clause 10.1(b).

10.3. Any rights and obligations under the Terms and Conditions, which by their nature would reasonably continue beyond the expiration or termination of the Terms and Conditions, will survive the expiration or termination of the Terms and Conditions. Without limiting the clauses that will survive, the parties agree clauses 5, 7, 8, 9, 10 and 11 survive the expiration or termination of the Terms and Conditions.

11. Jurisdiction & Choice of Law The Terms and Conditions will be governed by and construed in accordance with the laws of Queensland, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of Queensland, including (without limitation), the registries of the Federal Court of Australia and Federal Circuit and Family Court of Australia located in Queensland.

12. Variation We may vary the Terms and Conditions at any time.

If you have a Sportsmind Junior Account, notice of any variations will be provided to you via the e-mail address linked to your Sportsmind Junior Account, and a reasonable notice period will be given prior to any variations to the Terms and Conditions becoming effective.

Your continued use of the Website or Sportsmind Junior App after the effective date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.

If you do not agree to the Terms and Conditions as varied, you should not continue accessing the Website and the Sportsmind Junior App.

13. Miscellaneous

13.1. With the exception of the Merchandise Refund Policy, which will take precedence over the Terms and Conditions to the extent of any inconsistency, the Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.

13.2. A waiver by any party of any term or condition of the Terms and Conditions in any instance will not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.

13.3. Any term, condition or warranty not expressly stated in the Terms and Conditions that may otherwise be implied into the Terms and Conditions is excluded.

13.4. If any provision of the Terms and Conditions is determined for any reason to be unenforceable or invalid, that provision will be read down to the extent of such unenforceability or invalidity, or if not capable of being read down, then it will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

13.5. In the Terms and Conditions:

(a) singular includes the plural and vice versa;

(b) words such as including or for example do not limit the meaning of the words preceding them;

(c) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally;

(d) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time;

(e) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and

(f) the Terms and Conditions should not be construed to the disadvantage of a party because the party was responsible for the preparation of the Terms and Conditions or any part of it.

B. DEFINITIONS The following definitions apply in the Terms and Conditions:

(i) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

(ii) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.

(iii) Consequential Loss means special, incidental, indirect or consequential loss or damage, and loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.

(iv) Consumer means a consumer as this term is defined under the Australian Consumer Law (at section 3), in relation to the Goods and Services. (v) Content means all content and media on the Website and the Sportsmind Junior App, including (without limitation) Sportsmind Junior Content, text, underlying source and object code, photographs, graphics, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.

(vi) Delivery Charges means the fee payable to us to arrange delivery of the Goods you have ordered to your nominated shipping address.

(vii) Fees means the fees payable to us to obtain the specific Goods and Services you have ordered.

(viii) Goods means physical products which are available to purchase on the Website or the Sportsmind Junior App.

(ix) Goods and Services means, jointly and severally, the Goods and the Services.

(x) Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including Consequential Loss and all legal and other professional costs (calculated on an indemnity basis).

(xi) Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered, present or future), including business names, trademarks, copyright, domain names, websites, patents, patent applications, designs, plant varieties, circuit layouts, discoveries, inventions, improvements, databases, logos, technical data, photographs, video recordings, sound recordings, drawings, trade secrets, confidential information, know-how, research data and any other physical or digital media or similar intellectual property rights, and any other intangible proprietary assets arising from intellectual activity.

(xii) Sportsmind Junior Content means specific content which is made available by Sportsmind Junior on the Website or Sportsmind Junior App for you to purchase or request access via your Sportsmind Junior Account. The materials may be comprised of video recordings, audio recordings, text, underlying source and object code, photographs, graphics and/or logos.

(xiii) Sportsmind Junior Membership means a membership providing access to certain Content determined at the discretion of Sportsmind Junior, enabled via your Sportsmind Junior Account. (xiv) Personal Information is as defined in the Privacy Policy. (xvii) Privacy Policy means the "Privacy Policy" for Sportsmind Junior as amended or updated from time to time, located at https://sportsmindjunior.com/terms-conditions.

(xviii) Representatives means, in relation to a party, its officers, directors, employees, contractors, consultants, agents, members and other authorised representatives.

(xix) Services means the services of Sportsmind Junior providing you with access to the Sportsmind Junior Content, the Website and/or the Sportsmind Junior App.

(xx) Subscription Content means Sportsmind Junior Content which we offer access on a subscription, time-limited access basis and includes content accessible with a Sportsmind Junior Membership.

(xxi) User means you and/or any other user of the Website.

(xxii) User Content means any Content that is shared via, or otherwise submitted or uploaded to, the Website or Sportsmind Junior by a User.  

Sportsmind Junior Contact:

Email: damien@sportsmindjunior.com

Privacy Policy

Updated October 30 2023

Sportsmind Junior (ABN 46 890 248 276) (Sportsmind Junior, us/we/our) treats the privacy and security of your personal information very seriously.

This Privacy Policy (Policy) describes how we collect, store, use, transfer and disclose the personal information that we collect from you when you access and use Our Products and Services, being:

• our website, located at www.sportsmindjunior.com (Website);

• our "Sportsmind Junior" app (App), available to download on the Apple App Store and Google Play Store and;

• our other products and services. We are bound to comply with the following privacy laws:

• if you are located in Australia, the Australian Privacy Principles in the Privacy Act 1988 (Cth) (Privacy Act);

We have adopted internal policies and procedures to ensure that the personal information that we collect, store, use and disclose is dealt with in accordance with the Policy.

If we change the terms of this Policy, we will display the changes on the Website and App, or otherwise notify you in writing.

How do we collect your personal information?

Sportsmind Junior may collect your personal information in the following ways:

• where you have requested or obtained Our Products and Services;

• where you have enquired about Our Products and Services or otherwise communicated with us in person, in writing or by telephone;

• in such other situations, where we collect personal information that is reasonably necessary for the proper supply of Our Products and Services.

We will only collect your personal information from you, unless it is unreasonable or impracticable to do so.

If you are located in Australia and not 18 years of age or over, you should only provide us with your personal information if your parent or guardian has consented to the collection of that information on your behalf in accordance with this Policy.

What personal information do we collect?

The types of personal information we collect depends on your relationship with us and the nature of your interaction with us.

In general, Sportsmind Junior may collect the following types of personal information:

• names, physical addresses, postcodes, e-mail addresses, contact phone numbers, dates of birth, age;

• credit card details for payments; and

• other personal information that you may voluntarily provide to us in using the Website or App, accessing Our Products and Services or otherwise communicating with us.

You may elect not to provide any personal information to us, or you may choose to use a pseudonym for your child if they are between the ages of 13 years old and 18 years old.

The use of a pseudonym for your child is mandatory if they are between the ages of 13 years and 18 years, as children’s privacy is paramount at Sportsmind Junior.

If you supply us with any personal information that we did not solicit, and that information is not reasonably necessary for us to hold in connection with one of our functions or activities, we will destroy or de-identify that information as soon as practicable after it has been provided to us.

Do we collect sensitive information?

We may, but typically do not, collect sensitive information from you. Sensitive information is a sub-set of personal information that includes (among other things) information that reveals your racial or ethnic origin, religious beliefs or sexual orientation, or information about your health.

Where it is practicable to do so, we will seek your consent before we collect any sensitive information from you for the purposes described above.

Your consent to the collection of sensitive information may be implied in the circumstances, such as where you provide the information voluntarily to us in response to exercises in our App or in our Programs.

How will we use your personal information?

We may collect, hold and use your personal information for the following purposes:

• as necessary to provide Our Products and Services to you;

• to fulfil any legal obligations we have in relation to your personal information;

• to inform you of any updates to Our Products and Services or changes to the Policy;

• for any other secondary purposes where you might reasonably expect us to use your personal information, which are related to the primary purposes listed above.

We may share information, which was originally personal information that we collected from you, in a depersonalised or aggregated form with third parties.

We will only do this in circumstances where that information cannot be used to identify you personally.

We will not disclose your personal information for reasons other than those listed above unless:

• you have consented to that specific disclosure;

• there are reasonable grounds to believe that disclosure is necessary to prevent or lessen a threat to your life or health or that of another person;

• the disclosure is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or

• the disclosure is permitted, required or authorised by law.

How do we store your personal information and for how long?

Sportsmind Junior stores your personal information using third party platforms and cloud storage service providers (Third Party Providers).

Our Third Party Providers adopt a variety of reasonable safeguards to protect personal information which they store on our behalf from misuse or unauthorised access or disclosure.

Further, we restrict access to your personal information stored in electronic form to authorised personnel only and implement password protection and two-factor authentication for accessing personal information.

However, data security measures can never be guaranteed and there are inherent risks in transmitting any information, including your personal information, over the internet.

We will only retain your personal information for as long as we have a genuine business need to do so.

For example, we will retain your personal information while we are providing you with Our Products and Services.

Once we no longer need to retain your personal information, we will destroy or de-identify that information, unless we are required by law to retain it.

Do we use your personal information for the purposes of marketing?

Your personal information may be used by us to:

• market and offer Our Products and Services to you;

• notify you of new developments and updates to Our Products and Services; and/or

• make other promotional communications to you.

Direct marketing communications may be sent by e-mail, SMS or telephone. We will only send you direct marketing communications if you have provided your consent to this.

If you do not wish to receive direct marketing communications from us, you may opt-out at any time by following the unsubscribe link in our marketing communications, or contacting us with your request (addressed to the Privacy Co-ordinator) at damien@sportsmindjunior.com.

We will not disclose your personal information to third parties to enable those parties to directly market their products or services to you unless you have expressly consented to that disclosure.

Do we disclose your personal information to third parties located outside of Australia?

If you supply your personal information to us, it may be stored by our Third Party Providers.

As our Third Party Providers operate globally, we cannot say with certainty where their servers are located or the countries out of which they operate at any given time.

Further, these locations may be subject to change without notice to us.

By supplying your personal information to us, you consent to storage of your personal information by our Third Party Providers in any location in the world.

You acknowledge that, in supplying your personal information to us, we are not required ensure that our Third Party Providers handle your personal information in accordance with the Privacy Act, but we will endeavour to ensure this.

We will not disclose your personal information to any party located outside of Australia without your prior consent (other than for the purposes of storage).

Do we collect personal information through cookies or trackers?

When you visit our Website, we may collect information about your computer/device, IP address, location, pages viewed on our Website, and time spent on our Website, using browser "cookies".

These are small text files placed on your device.

We collect information from cookies to improve the operation of our Website, to direct you to the most appropriate content and to remember your preferences for the next time you access our Website.

By using our Website, your consent to our use of cookies in accordance with this Policy. You are able to opt-out of cookie technology through changing the settings on your browser.

However, this may affect the way you experience our Website.

We may use the following analytics services:

• Google Analytics - This service collects data about our Website users as part of our information gathering processes (for further details, see www.google.com/analytics). Google Analytics only provides us with aggregated data and does not identify any user personally.

We do not merge any personal information we have collected from you with data obtained through browser cookies, or Google Analytics.

Are we responsible for the privacy practices of third parties?

This Policy applies solely to personal information we collect from you.

We are not responsible for the collection of personal information and/or the privacy practices of any third parties, including by our payment services provider, analytics services used on our Website, or websites which may be linked on our Website.

For more information about how relevant third parties will collect, store and use your personal information, please refer to their privacy policies.

How can I access or correct my personal information?

You may request a copy of your personal information that we hold. We may refuse to provide you with a copy of your personal information that we hold, in certain circumstances set out in the Privacy Act.

We also reserve the right to charge you for the reasonable expenses that we may incur in preparing and sending you a copy of your personal information that we hold.

We will take reasonable steps to correct any of your personal information that we hold where the information is inaccurate or out of date, or you have requested us to correct the information.

We will not charge you to update your personal information.

If we refuse your request to provide a copy of your personal information that we hold, or to correct your personal information that we hold, we will give you written notice of our refusal with supporting reasons.

How to contact us If you have any questions or concerns about our handling of your personal information or this Policy, you can contact us in the following ways (addressed to the Privacy Coordinator):

Email: damien@sportsmindjunior.com

If you have a complaint or a privacy-related concern in relation to our business or this Policy, please provide us with the opportunity to resolve the matter by contacting us using the method outlined above.

Once we have received a complaint or privacy-related concern, we will work with you to resolve the matter.

If you are not satisfied with the resolution of any complaints made to us, you are able to seek further redress through:

• where you are located in Australia, the Office of the Australian Information Commissioner (see www.oaic.gov.au); and 

1.  We offer refunds and other remedies for Goods and Services purchased from us in accordance with your rights under the Australian Consumer Law, and as specified under the Terms and Conditions, but only in instances where the product has been found to be faulty and this will be at the determination of Sportsmind Junior.

2. Once your Order has been placed, you cannot cancel the order before it is fulfilled by us.

3. You are not entitled to a refund of the Fees paid to purchase any of the Goods and Services for change of mind reasons.

4. Due to Sportsmind Junior App being a digital product and containing sensitive Sportsmind Junior Content IP, no refunds will be provided to you after 24 hours of the product being purchased has elapsed.