Online Store Terms and Conditions
By clicking the ‘I accept’ button or otherwise submitting the Order, the Customer agrees that they have read, understood and will be bound by these Terms.
Please click here to view the Terms and Conditions.
TERMS AND CONDITIONS
By clicking the ‘I accept’ button or otherwise submitting the Order, the Customer agrees that they have read, understood and will be bound by these Terms.
In these Terms, the words below have the following meanings:
Agreement has the meaning provided to it in clause 2.2.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent State or Territory legislation.
Business Day means any day except a Saturday, Sunday or public holiday in Victoria.
(a) MSL’s conditions of entry, which can be accessed at https://marvelstadium.com.au/conditions-of-entry/; and
(b) any other terms and conditions which are set out in the description of the relevant Good or Service on the Website or in the Order.
Confidential Information means all information disclosed by MSL to the Customer and includes these Terms and the prices of the Goods or Services but excludes information that:
(a) is public knowledge or becomes available to the Customer from a source other than MSL (otherwise than as a result of a breach of confidentiality by the Customer or any person to whom it has disclosed the information); or
(b) is rightfully known to, or in the possession or control of the Customer and not subject to an obligation of confidentiality in accordance with the terms of the Agreement.
Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunities.
Consumer has the meaning provided to it in section 3 of the Australian Consumer Law.
Consumer Guarantee means a guarantee provided under Division 1 of Part 3-2 of the Australian Consumer Law.
Customer means the entity or person requesting that Goods and/or Services be supplied to it by MSL.
Delivery Fee means the delivery or postage fee (if any) set out in the Order or on the Website.
Force Majeure Event means any event arising from, or attributable to, acts, events, omissions or accidents which are beyond the reasonable control of a party including any fire, failure or shortage of power supplies or raw ingredients, abnormally inclement climate or weather conditions, flood, lightning, storm, explosion, earthquake, subsidence, structural damage, epidemic or other natural physical disaster, riot, disease, civil commotion, insurrection, political instability, armed conflict, war, terrorist action, strike or other labour difficulty or shortage, unavailability of transport providers, failure or inability to obtain any licence or the threat of any of the foregoing.
Goods means the goods specified in the Order which are to be supplied by MSL to the Customer under the Agreement.
GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended, varied or replaced from time to time.
- Intellectual Property Rights means any and all intellectual and industrial property rights anywhere in the world, including but not limited to the rights comprised in any patent, copyright, design, trade mark, eligible layout or similar right whether at common law or conferred by statute, rights to apply for registration under a statute in respect of those or like rights and rights to protect trade secrets and know how, throughout the world for the full period of the rights and all renewals and extensions.
Invoice means the invoice issued by MSL to the Customer for the Purchase Price.
Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.
MSL means Melbourne Stadiums Limited (ABN 37 098 476 594).
Offer has the meaning provided to it in clause 2.1.
Order means the order submitted through the Website by the Customer to MSL for MSL to supply to the Customer Goods and/or Services.
PDH Goods or Services means goods or services which, for the purposes of the Australian Consumer Law, are of a kind ordinarily acquired for personal, domestic or household use or consumption.
Purchase Price has the meaning provided to it in clause 3.1.
Services means the services specified in the Order which are to be supplied by MSL to the Customer under the Agreement.
Terms means these Terms and Conditions.
Website means the website located at www.marvelstadium.com.au.
2. Formation of Agreement
2.1 The Customer acknowledges and agrees that by submitting the Order the Customer has made an irrevocable offer to MSL for MSL to supply it with the Goods and/or Services on the terms of these Terms and the Order (Offer).
2.2 An agreement will be formed between MSL and the Customer in respect of the Offer upon the earlier of MSL:
(a) notifying the Customer, either verbally or in writing (including electronically), that it accepts the Customer’s Offer;
(b) accepting, in full or part, payment from the Customer for any Goods or Services the subject of the Offer;
(c) making delivery of the Goods the subject of the Offer to the Customer; or
(d) performing the Services the subject of the Offer, (Agreement).
2.3 The Agreement formed under clause 2.2 will comprise these Terms, the Order, the Conditions and the Invoice.
2.4 MSL is not bound to accept any Offer and may not accept any Offer for any reason and in the sole discretion of MSL, including without limitation if MSL:
(a) does not have sufficient quantity of the Goods or Services to meet the Offer;
(b) believes that the Customer may acquire the Goods or Services for purposes which are prohibited by law; or
(c) believes that the Customer intends to resell the Goods or Services.
3. Price and payment
3.1 Unless otherwise agreed by the parties, the price the Customer must pay for the Goods and/or Services under the Agreement will be:
(a) the price for the Goods and/or Services specified in the Order; and
(b) the Delivery Fee, (Purchase Price).
3.2 Unless otherwise agreed in writing between the Customer and MSL the Customer must pay MSL the Purchase Price for the Goods and/or Services to be supplied pursuant to the Agreement at the same time as making the Offer (Due Date).
3.3 If the Offer is not accepted by MSL then MSL will return to the Customer any Purchase Price paid by the Customer to MSL in respect of the Offer.
3.4 The Customer may not set off or combine any amount owing by MSL to the Customer, whether or not due for payment, against any money due for payment by the Customer to MSL under the Agreement.
4 Delivery of Goods and provision of Services
4.1 MSL will deliver the Goods and provide the Services to the Customer in the manner:
(a) determined by MSL; or
(b) as otherwise agreed between MSL and the Customer (including collection by the Customer).
4.2 MSL will endeavour, but is not obliged, to deliver Goods and provide the Services in a timely manner.
4.3 In the event of the Customer returning or failing to accept any delivery of the Goods, MSL shall be entitled to payment for those Goods and to treat the obligation to supply the remainder of the Goods (if any) as cancelled by the Customer.
4.4 MSL will use its reasonable endeavours to deliver the Goods and provide the Services on any date specified or estimated by MSL or set out in the Order however such dates are estimates only.
5. Title and risk of Goods
5.1 Title to, and property in, any Goods supplied under the Agreement remain with MSL and will only pass to the Customer once all moneys owing by the Customer to MSL in respect of the Agreement or any other agreement or arrangement between the Customer and MSL have been paid in full.
5.2 Risk in the Goods passes to the Customer upon the earlier of the time the Goods are collected by the Customer from MSL’s premises (or that of MSL’s supplier) or delivered to the Customer.
6.1 If the Customer is a Consumer and MSL supplies PDH Goods or Services to the Customer, MSL acknowledges that the Customer may have certain rights under the Australian Consumer Law in respect of the Consumer Guarantees as they apply to the PDH Goods or Services supplied by MSL and nothing in these Terms should be interpreted as attempting to exclude, restrict or modify the application of any such rights.
6.2 If the Customer is a Consumer and any Goods or Services supplied by MSL to the Customer are non PDH Goods or Services, MSL’s liability to the Customer in connection with any breach of the Consumer Guarantees in respect of those non PDH Goods or Services is limited (at MSL’s discretion) to the cost of MSL resupplying those non PDH Goods or Services or payment of the cost of having the non PDH Goods or Services supplied again.
6.3 If the Customer makes a claim against MSL which includes a cause of action other than for a breach of a Consumer Guarantee then, to the extent the claim, or part of the claim, does not relate to a Consumer Guarantee, MSL expressly excludes all liability in respect of the Goods or Services supplied by MSL to the Customer.
6.4 Subject to the rest of this clause 6, the aggregate liability of MSL to the Customer arising out of or in connection with the Agreement will in no event exceed an amount equal to the amount of the Purchase Price received by MSL under the Agreement.
7. Intellectual Property
Unless expressly stated by the Agreement, the parties acknowledge and agree that nothing in these Terms shall be construed as a transfer from MSL to the Customer of the ownership of, or title to, any of the Intellectual Property Rights in the Goods, material created as part of the Services or any other Intellectual Property Rights owned by or licensed to MSL and the Customer agrees that it must not infringe or use the Intellectual Property Rights of MSL or any other third party which exist in the Goods or materials created as part of the Services for anything other than for the sole purpose of using the Goods or receiving the Services.
The Customer indemnifies MSL and holds MSL harmless from and against all Losses (including all legal costs, and any other associated fees and costs) for which MSL incurs as a direct or indirect result of:
(a) recovering any amounts the Customer owes to MSL (including any fees paid to a debt collector, mercantile agent or similar);
(b) any breach of the Agreement by the Customer (including any breach of the warranties provided by the Customer); and
(c) any negligent or wilful act or omission by the Customer, the Customer’s employees, agents, servants, contractors or others for whom the Customer is legally responsible.
9. Notification of claims
9.1 The Customer shall notify MSL immediately if it becomes aware of:
(a) any claim; or
(b) any death, serious injury or serious illness,
in respect of, or caused by, the Goods or Services and the Customer will take all reasonable steps to mitigate any Loss arising as a consequence of the claim, death, serious injury or serious illness.
10.1 The Customer:
(a) may use Confidential Information solely for the purposes of the Agreement;
(b) must keep confidential all Confidential Information; and
(c) may disclose Confidential Information only to (i) employees and contractors who (A) are aware and agree that the Confidential Information must be kept confidential and (B) either have a need to know the Confidential Information (and only to the extent that each has a need to know), or have been specifically approved by MSL, or (ii) as required by law or securities exchange regulation.
10.2 The Customer must notify MSL immediately once it becomes aware of any breach of confidentiality in respect of the Confidential Information and must take all reasonable steps necessary to prevent further unauthorised use or disclosure of the Confidential Information.
All amounts payable by the Customer in connection with the Agreement do not include an amount for GST. If GST is payable on any supply made by MSL under these Terms, the Customer must pay to MSL, in addition to and at the same time as the payment for the supply, an amount equal to the amount of GST on the supply. Where the Customer is required by these Terms to reimburse or indemnify MSL for any Loss or other amount incurred, the amount to be reimbursed or paid will be reduced by the amount of any input tax credit that MSL will be entitled to claim for the Loss or amount incurred and increased by the amount of any GST payable by MSL in respect of the reimbursement or payment. This clause does not merge on completion or termination of the Agreement or contract. In this clause, words and expressions which are defined in the GST Act have the same meaning given to them by the GST Act.
13. Force Majeure
13.1 MSL will not be liable for any failure to perform or delay in performing its obligations under the Agreement if that failure or delay is due to a Force Majeure Event.
13.2 If a Force Majeure Event under clause 1 exceeds 20 Business Days, MSL may immediately terminate the Agreement by written notice to the Customer.
14.1 Without limiting MSL’s other rights under these Terms, MSL may terminate the Agreement with immediate effect by written notice to the Customer if:
(a) the Customer is the subject of an Insolvency Event;
(b) the Customer has breached any term of the Agreement (including these Terms); or
(c) in accordance with clause 13.2.
14.2 Each party retains any rights, entitlements or remedies it has accrued before termination, including the right to pursue all remedies available to either party at law or in equity.
14.3 The provisions of clauses 1, 5, 6, 8, 9, 10, 11, 14, 16 and 18 of these Terms survive the expiry or termination of the Agreement.
15. Acknowledgements and representations
15.1 The Customer acknowledges and agrees that:
(a) the description of Good or Services is subject to change by MSL at any time, including to correct any errors relating to pricing and availability;
(b) there may be limited quantities of certain Goods and Services made available to customers and MSL may impose restrictions on the amount of Goods or Services which the Customer may acquire;
(c) if an Offer has been accepted by MSL, the Offer was accepted by MSL on the basis of, and in reliance upon, any information, specifications, data, representations, statements and documents provided by the Customer;
(d) information, data or other content provided by the Customer (not including credit card information), may be transferred by MSL unencrypted, be transmitted over various networks and be changed to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks;
(e) any price list, goods lists or other similar documents or catalogues issued by or on behalf of MSL do not constitute an offer by MSL to supply Goods or Services appearing in those lists or catalogues or an offer by MSL to supply Goods or Services at the prices set out in those lists or catalogues. MSL’s price lists and catalogues may be changed by MSL at any time without notice; and
(f) where any instructions or material in whatever form (including documents, specifications, designs, plans, processes, information and data) are required to be provided by the Customer to MSL before MSL can proceed with or complete the provision of the Goods or Services such instructions or materials must be supplied by the Customer to MSL within a reasonable time (as determined by MSL) so as to enable MSL to deliver the Goods or Services within any agreed time frame.
15.2 By making an Offer, the Customer warrants and represents to MSL that:
(a) it has read and understood these Terms and the Conditions prior to making the Offer, and agrees to be bound by them in full; and
(b) all information, specifications, data, representations, statements and documents provided by the Customer to MSL (including any purchase and/or account information) is accurate and complete.
16.1 Unless otherwise specified in these Terms, in the event of an inconsistency between any of the documents listed in clause 3, the following order of precedence shall apply to the extent of the inconsistency:
(a) the prices and quantity of Goods and/or Services set out in the Order;
(b) these Terms;
(c) the Invoice;
(d) the Conditions; and
(e) without limiting clause 2, any terms in the Order which are accepted by MSL in writing.
16.2 These Terms shall prevail over any Customer terms and conditions, except to the extent specifically agreed by MSL in writing and any terms or conditions included in the Order or other document provided or issued by the Customer will only be binding on MSL if expressly agreed by MSL in writing.
17.1 MSL may cancel or suspend the Agreement effective immediately upon providing the Customer with written notice of cancellation or suspension where MSL believes (for any reason) that:
(a) it will be unable to supply the relevant Goods or provide the Services to the Customer; or
(b) information provided to the Customer in respect of the relevant Goods or Services or contained in an Order was incorrect,
provided that if MSL cancels the Agreement under this clause 17.1 it will refund to the Customer any amounts already paid by the Customer for the Goods or Services subject to the cancellation and which are not provided to the Customer. The refund of any such amounts will be the Customer’s sole remedy against MSL in respect of any cancellation pursuant to this clause 17.1.
17.2 Neither the Agreement nor any Offer that has been submitted can be cancelled by the Customer except with the prior written consent of MSL and without prejudice to any other rights MSL may have, the Customer indemnifies MSL for any Loss incurred by MSL in connection with such cancellation.
18.1 In these Terms:
(a) the singular includes the plural and vice versa;
(b) the word person includes a firm, a body corporate, an unincorporated association, body or organisation established pursuant to international treaty, intergovernmental body, or government authority and other official authority;
(c) a reference to a document or legislation includes a reference to that document or legislation as varied, amended, novated or replaced from time to time;
(d) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and permitted assigns;
(e) headings are inserted for convenience and do not affect the interpretation of these Terms;
(f) no provision will be construed to the disadvantage of a party merely because that party was responsible for the preparation of the Terms or the inclusion of the provision in the Terms; and
(g) unless otherwise provided, all monetary amounts are in Australian dollars and a reference to payment means payment in Australian dollars.
18.2 The Customer must not assign or otherwise deal with any of its rights or obligations under these Terms without MSL’s prior written consent. MSL may, to the extent permitted by law, assign, subcontract or deal with any of its rights or obligations under these Terms (including any right to be paid or chose in action) at any time and without any requirement to notify the Customer.
18.3 A failure to exercise or delay in exercising any right under these Terms does not constitute a waiver and any right may be exercised in the future. Waiver of any of these Terms must be in writing and is only effective to the extent set out in that written waiver.
18.4 If any provision of these Terms is void, unenforceable or illegal and would not be so if words were omitted, then those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms without affecting the validity or enforceability of the remaining provisions.
18.5 These Terms are governed by the laws in force in Victoria, and the Customer and MSL submit to the non-exclusive jurisdiction of the courts of Victoria.
18.6 Each party must:
(a) do all acts necessary or desirable to give full effect to the Agreement; and
(b) refrain from doing anything which might prevent full effect being given to the Agreement.
18.7 The relationship between the parties is and will remain that of independent contractors, and nothing in the Agreement constitutes the parties as partners or joint venturers or constitutes any party as the agent of another party or gives rise to any other form of fiduciary relationship between the parties.
18.8 Notices by a party must be delivered by hand, prepaid post or email and sent to the address of the receiving party specified in the Agreement. Notices shall be deemed to have been received by hand upon delivery, by post within two (2) Business Days of sending and by email one hour after the email (unless the sender knows that email has failed to send).