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Site disclaimer

The materials presented in the Belmont Masters Swimming Club website and its subdirectories are provided voluntarily as a public service. The information and advice provided is made available in good faith and is derived from sources believed to be reliable and accurate at the time of release on the Internet. However, the information is provided solely on the basis that readers will be responsible for making their own assessment of the matters discussed herein and are advised to verify all relevant representations, statements and information.

Changes in circumstances after a document is placed on the Internet may affect the accuracy of the information. Additionally, materials may be maliciously vandalised. No assurance is given as to the accuracy of any information or advice contained after the publication on the Internet.

Material in the Belmont Masters Swimming Club website and its subdirectories include links to external Internet sites. These external information sources are outside the Belmont Masters Swimming Club’s control. It is the responsibility of the Internet user to make his or her own decisions about the accuracy, currency, reliability and correctness of information found.

Each user waives and releases the Belmont Masters Swimming Club to the full extent permitted by law from any and all claims relating to the usage of material or information made available through the Club website and its subdirectories. In no event shall the Belmont Masters Swimming Club, Masters Swimming Western Australia or Masters Swimming Australia be liable for any incidental or consequential damages resulting from use of the material. The Belmont Masters Swimming Club, Masters Swimming Western Australia and Masters Swimming Australia do not accept liability for any injury, loss or damage incurred by reliance on the information or advice provided in the Belmont Masters Swimming Club website and subdirectories or incorporated into them by reference.

Disclaimer - other sites

The Belmont Masters Swimming Club has no control over the content of material accessible on any sites cross-referenced. It accordingly is the responsibility of the Internet user to make their own decisions about the relevance or accuracy, currency and reliability of information found on those sites.

Privacy statement

The Belmont Masters Swimming Club records visits to this website and logs the following information for statistical purposes:

  1. The user's server or proxy address
  2. The date/time/length of the visit and the files requested

The information is used to analyse our server traffic. No attempt will be made to identify users or their browsing activities except where authorised by law. For example in the event of an investigation, a law enforcement agency may exercise their legal authority to inspect the internet service provider's logs. If you send us an email message we will record your contact details (in accordance with government record keeping standards).

This information will only be used for the purpose for which you have provided it. We will not use your email for any other purpose and will not disclose it without your consent. You need to be aware of inherent risks associated with the transmission of information via the Internet.

If you have concerns in this regard, the Belmont Masters Swimming Club has other ways of obtaining and providing information. Normal mail, telephone and fax facilities are available. The Belmont Masters Swimming Club is not responsible for the privacy practices or the content of the linked websites.

Licensed material

Downloading, republication, retransmission, reproduction or other use of any licensed material as a stand-alone file is prohibited.

General information about our website

Purpose of the Belmont Masters Swimming Club website

This website is provided to enhance customer service and to contribute to the efficiency and effectiveness of interactions between the Belmont Masters Swimming Club and its customers.

Cookies

Certain functions on this website require your browser to be set to allow the creation of “cookies” on your computer. Cookies are required for security reasons and to allow our systems to uniquely identify you and your computer.

The Belmont Masters Swimming Club does not use cookies to collect personal information. Personal and statistical information is only collected from this website in accordance with our Privacy Policy.

Availability

The Belmont Masters Swimming Club will use reasonable endeavours to have the general functions of this website fully available to you at all times (i.e. 24 hours per day, 7 days per week) but this is not guaranteed.

Specific applications operating within this website may have restrictions on availability due to operational or security constraints.

You should ensure that you have other means of undertaking urgent or time-sensitive transactions and obtaining information, if for any reason this website is unavailable.

The Belmont Masters Swimming Club may need to temporarily suspend the service for operational reasons (e.g. for planned maintenance or upgrades). The Belmont Masters Swimming Club will use its reasonable endeavours to restore the service as soon as possible after any suspension.

The Belmont Masters Swimming Club may need to alter code or access details or technical specifications associated with specific web applications for operational reasons. Where we need to inform you about this, we will give you as much notice as is reasonably possible.

Statistical Information

Statistical information is collected by the Belmont Masters Swimming Club in relation to the use of this website, which allows us to improve the website by understanding how our customers use the website. The information collected is described in our Privacy Policy.

Links to and from the Belmont Masters Swimming Club’s website

Permission to place a hypertext link to any page, image, or other item on this website should be sought by contacting the Belmont Masters Swimming Club via the contact email supplied.

Errors and omissions

The Belmont Masters Swimming Club would appreciate notification from you of any errors identified within this website or its applications by contacting the Belmont Masters Swimming Club via the contact email supplied.

Contacting the Belmont Masters Swimming Club.

For enquiries regarding information in this website please contact the Belmont Masters Swimming Club via the contact email supplied.

For application specific enquiries, please use the contact details provided when you are logged on to that application.

Electronic business general conditions for use of our website

  1. Agreement Acknowledgement
    1. Agreement to General Conditions
      1. By accessing and using this website, you agree to be bound by and to comply with these General Conditions, which apply to your access and use of the website and to the performance of the website, and the information, services and other material contained on the website or provided by it.
      2. Please read and ensure that you clearly understand and accept these General Conditions before you proceed to use this website.
      3. Material is provided on this website on the basis that you will assess and verify the material and any representations or statements obtained from the website before use. Changes in circumstances, after material is placed on this website, may impact the accuracy of that material.
      4. When the Belmont Masters Swimming Club grants you authentication and access privileges as an authorised user, you agree to use the application in a lawful, ethical and responsible manner and to follow any instructions provided by the Belmont Masters Swimming Club for the use of the application.
      5. Should you suspect or become aware of a breach of security we ask that you immediately notify and suspend the use of all electronic communications until we are satisfied that appropriate steps have been taken to ensure the security of electronic communications with you.
      6. Transactions executed by an authorised user may be captured and retained by the Belmont Masters Swimming Club on a “transaction log” and may include all instructional and financial interactions received from the authorised user. In the event of any dispute and subject to the availability of transaction logs, you, as an authorised user, hereby agree to accept the Belmont Masters Swimming Club’s transactional log as conclusive evidence of instructional and financial interactions made by you with the Belmont Masters Swimming Club.
      7. The Belmont Masters Swimming Club reserves the right to refuse any application made at its discretion without having to give reasons for that refusal.
      8. The Belmont Masters Swimming Club reserves the right to suspend the availability of this website or any part of this website or any application at any time. Examples of where this may occur are;
        • to perform certain administrative tasks and scheduled maintenance; or
        • if, in our opinion, a serious threat is posed to any part of the system supporting this website or any application.
      9. To the fullest extent permissible at law you release and indemnify the Belmont Masters Swimming Club, Masters Swimming Western Australia and Masters Swimming Australia from any and all loss, damage, cost, charge, expense, diminution in value or deficiency of any kind or character that you pay, suffer or incur, or are liable for, relating to or arising where this website or any part of this website or any application is unavailable or:
        • the website or its associated applications being unable to perform either in whole or in part any of the functions which we have claimed to support; or
        • your inability to execute a transaction or instruction.
    2. Definitions
    3. In these General Conditions:

      application means a specific application on the website for which authorisation is required for the use of that application;

      authorised user means a person who is authorised by the Belmont Masters Swimming Club by means of a unique username and confidential password to access and use specific specialised applications which are available on this website;

      General Conditions means these General Conditions for Use of the Belmont Masters Swimming Club's website as amended from time to time;

      material means any document, information, data obtained from this website or any application;

      non repudiable means authentication that with high assurance can be asserted to be genuine, and that cannot subsequently be refuted;

      Special Conditions means the specific conditions which apply for the use of an application;

      user means any person using this website;

      Belmont Masters Swimming Club, we, our or us means the Belmont Masters Swimming Club, its officers, employees, agents and contractors;

      website means, unless otherwise stated, the Belmont Masters Swimming Club website operating under the registered domain of belmontmastersswimming.com.au as well as participating service providers required to perform a Belmont Masters Swimming Club business function;

      you or your means the person who accepts the General Conditions, either personally or on behalf of a company or other legal entity and includes, if acceptance is on behalf a company or other legal entity, the company or other legal entity’s officers, employees, agents and contractors.

    4. Special Conditions for Applications
    5. Specific areas of the website provide specialised services, which are restricted to authorised users. In addition to the General Conditions, Special Conditions may apply for the use of those applications. If any Special Conditions apply to the use of an application, the Special Conditions will be advised to and must be agreed by the User as part of the authorisation process for that application.

    6. Time and Place of Sending and Receiving
    7. All interactions with the Belmont Masters Swimming Club, which occur through this website, are deemed to have been executed in the State of Western Australia. The time stamp of any interaction or transaction is defined at the time of sending from or receipt by the Belmont Masters Swimming Club’s web server(s) which are set to Australian Western Standard Time.

    8. Governing Law and Jurisdiction
    9. The General Conditions and the Special Conditions are governed by and will be construed in accordance with the laws of the State of Western Australia and are within the exclusive jurisdiction of the Courts of Western Australia.

    10. Freedom of Information
    11. Refer to the Freedom of Information details on this website

    12. Privacy Statement
    13. Refer to the privacy information details on this website

    14. Disclaimer
    15. Refer to the copyright and disclaimer details on this website

    16. Copyright
      1. Copyright on this website including the materials, online graphics, audio and video on this website, is vested in the State of Western Australia unless otherwise indicated.
      2. Apart from any fair dealing for the purposes of private study, research, customers feedback or as otherwise permitted under the Copyright Act 1968 (Cwlth), no part of this website or the materials, online graphics or audio and video on this website may be reproduced or re-used for any commercial purpose without the prior written permission of the Belmont Masters Swimming Club. Requests for authorisation should be directed to the Belmont Masters Swimming Club via the contact email supplied.
    17. Sharing of Information – Applications
    18. Where the authorised use of an application provides permission to copy or receive data, use of that data must be in accordance with the Belmont Masters Swimming Club’s intended purpose only and;
      • you are bound by any specific copyright and non-disclosure requirements advised to and agreed by you, as part of the authorisation process for that application;
      • must not be made available to third parties;
      • must not be republished or quoted in an attempt to discredit the State of Western Australia, the Belmont Masters Swimming Club, Masters Swimming Western Australia or Masters Swimming Australia, and their respective officers, employees, agents and contractors;
      • must not be used for resale for any gain or where gain is expected; and
      • must respect the privacy rights of all parties impacted or which may have the potential to be impacted by the use or disclosure of the data as required by our privacy policy.

    19. Security of Data
    20. The Belmont Masters Swimming Club will take all reasonable precautions to protect the data, from misuse and loss and from unauthorised access, modification or disclosure, during transmission to the Belmont Masters Swimming Club or while stored on either our web server or on the web servers of parties engaged by the Belmont Masters Swimming Club to provide all or part of a service.
      Our online security measures include, but are not limited to:
      • encrypting customer access codes transmitted via the Internet;
      • employing firewalls, intrusion detection systems and virus scanning tools to prevent unauthorised persons and viruses from entering our systems; and
      • using dedicated secure networks or encryption when we transmit electronic data for purposes of outsourcing.

    21. Data Backups
    22. The Belmont Masters Swimming Club undertakes electronic backup of its computer based systems for its own purposes but does not provide backup and recovery of data not required for its own purposes. We suggest that you implement your own backup and recovery facilities and procedures for data accessed from or transmitted to the Belmont Masters Swimming Club website and associated applications.

    23. Encryption
    24. Encryption is not used in transmitting and receiving your data to and from this website as a default. When your sensitive data, such as personal and financial records and payment methods are transacted, Secure Sockets Layer (SSL) encryption is used.

    25. Technical Support
    26. You acknowledge that you are responsible for your own hardware and software and for your internet connection and associated costs.

    27. Non-repudiation
    28. You agree that as an authorised user of an application:
      • you are bound by any electronic communication which includes your username and password without any further inquiry on our part;
      • we can assume that any transaction or instruction received by way of an application activated by an authorised user’s username and confidential password originates from that authorised user and is a valid transaction or instruction which cannot be reversed.

    29. Request for Access
      1. Belmont Masters Swimming Club content on this website is available to the public. Where authorised access is required to a non-public application, specific instructions on how to apply for that authorisation and an application form will be provided. Authorised access to an application is only available to individuals or an authorised application within a company or other trading entity (and not the company or other trading entity).
      2. In submitting an application for access to an application as an authorised user, you:
        • acknowledge that you have read, understood the application form and all of its attachments;
        • have provided details, with your application form, of previous or current access privileges which have been granted by the Belmont Masters Swimming Club and have disclosed any reasons for the cancellation of those privileges if this has occurred;
        • acknowledge that you have read and agree to be bound by these General Conditions and any Special Conditions which apply to the application for which authorised access is be sought; and
        • agree that the information provided in your application is accurate, complete and not misleading and that the Belmont Masters Swimming Club may rely on that information until we receive notice of any change from you.
    30. Revoking Access
    31. The Belmont Masters Swimming Club reserves the right, at its sole discretion, to immediately suspend or terminate your access to and use of the website or to revoke your authorised use of any application available through this website at its discretion. This discretion is likely to be exercised in the following circumstances:
      • inappropriate or unreasonable use of the website; or
      • deliberate or reckless disruption to the website; or
      • use your internet access to menace, create a nuisance or harass others or attempt to do so; or
      • make any denial-of-service attacks on us or any other users or networks relating to us or attempt to do so; or
      • unlawfully attempts to gain access to other applications or networks which the Belmont Masters Swimming Club uses or operates; or
      • breaches any of the confidentiality or copyright requirements of these General Conditions or the Special Conditions for any application.

    32. Continuation of Access
    33. The Belmont Masters Swimming Club is under no obligation to continue providing an application on this website, which it considers, is out-dated, superseded or which cannot be supported by the Belmont Masters Swimming Club’s current operating environment. The Belmont Masters Swimming Club may from time to time upgrade, replace or retire any application available on this website. If an application is to be withdrawn, Belmont Masters Swimming Club will use its reasonable endeavours to notify all authorised users in advance of significant changes.

    34. Website Availability
    35. Although the Belmont Masters Swimming Club has in place procedures to avoid unintended interruption of this website, you acknowledge that the website or any application may malfunction or become temporarily unavailable due to;
      • computer, web server or software malfunction or network congestion; or
      • the failure of the communication network provided by your “Internet Service Provider” or ours; or
      • ancillary equipment failures; or
      • other circumstance beyond our reasonable control.

  2. Access to information held by the Belmont Masters Swimming Club
    1. General
    2. The Belmont Masters Swimming Club reserves the right to change these General Conditions from time to time at its sole discretion, you are advised to:
      • periodically check this section of the website to see if any of the changes affect you; and
      • read the general information provided about this website, which describes the purpose of the website and provides other details about the website and general support arrangements.

  3. Accuracy of Information
  4. No Liability and Indemnity

    To the fullest extent permissible at law you release and indemnify the State of Western Australia, Belmont Masters Swimming Club, Masters Swimming Western Australia or Masters Swimming Australia from any and all loss, damage, cost, charge, expense, diminution in value or deficiency of any kind or character that you pay, suffer or incur, or are liable for, relating to or arising from your usage of, or reliance on, any material or advice obtained from this website or any associated application.

  5. Technical Environment
    1. Viruses
      1. We cannot guarantee that this application and any other information or material contained in, downloaded from or accessible, to be free from computer viruses or any other defect or error which may affect your software or systems. To protect your software and systems we suggest you install and implement your own system protection software.
      2. Your transmission to the Belmont Masters Swimming Club will be examined for known viruses using the Belmont Masters Swimming Club’s standard operating environment scanning and detection tools. Where a virus is detected in your transmission, the transmission may be rejected and will be deemed not to have occurred.
        In all instances where a transmission or transaction is successful you will receive an electronic confirmation. Accordingly, if you do not receive confirmation of receipt, you should assume that your transmission or transaction was not successful.
        You are advised, where a transmission failure has occurred, to clean and resubmit the transmitted data. To the fullest extent permissible at law you release and indemnify the State of Western Australia, Belmont Masters Swimming Club, Masters Swimming Western Australia or Masters Swimming Australia from any and all loss, damage, cost, charge, expense, diminution in value or deficiency of any kind or character that you pay, suffer or incur, or are liable for, relating to or arising from the failure of your transaction due to viral problems.
  6. Access and Authentication to an Application
    1. Establishing the Individual’s Identity
      1. Where applications on this website require an identifiable or non-repudiable interaction with you, we will, subject to your application being approved under clause 5.3.2, provide you with a unique username and confidential password to provide authentication, the combination of which identifies you to us and authenticates you as the person who you claim to be.
      2. Sharing of user accounts or disclosure of usernames or confidential passwords is forbidden.
      3. Responsibility for the confidentiality and use of your username and confidential password is vested with you. We ask that you immediately notify the Belmont Masters Swimming Club (see “Contact Us” information) if you become aware of the loss or theft or unauthorised use of your username and confidential password, following which, the Belmont Masters Swimming Club will as soon as reasonably possible, disable access to the application for that username and issue you with a replacement.
      4. Where your application is authorised by us to be directly interfaced to a Belmont Masters Swimming Club application, we will treat that application as if it is an authorised user. The person who is associated with that username takes responsibility for all transactions made through that application and is responsible for maintaining an audit trail and the provision of a secure access framework.
      5. It is recommended that passwords be changed on a regular basis. Some applications may force each user to change their password on a periodic basis. The Belmont Masters Swimming Club will inform the authorised user when their password will expire.
  7. Links To and From Other websites
  8. The Belmont Masters Swimming Club’s website may have links to and from external Internet sites. These external information sources are provided purely for convenience and are outside the Belmont Masters Swimming Club’s control. The Belmont Masters Swimming Club does not:

    1. endorse or provide tacit or explicit approval of any material obtained from other websites;
    2. warrant or assume any responsibility for the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, and you must make your own assessment regarding any material obtained from another website.

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