Terms and Conditions

The websites accessible at https://www.matildasactive.com/ and https://matildasactive.company.site/ (“MAS websites”) are both owned and operated by Matildas Active Support.

Please read the following Terms of Use carefully. Your access to and use of MAS websites is subject to these Terms of Use. These Terms of Use contain important information, including warranty disclaimers and limitations of liability.

Your use of the MAS websites in any way, including, without limitation, browsing MAS websites, using any information contained on MAS websites, submitting information to MAS through MAS websites, and making any purchases from MAS websites, constitutes your acceptance of these Terms of Use (as updated from time to time).

In these Terms of Use, “we”, “us” and “our” refer to Australian Women's Football Supporters Incorporated (ABN 28 457 129 164), trading as Matildas Active Support (“MAS”).

  1. Privacy

The Terms of Use should be read together with our full Privacy Policy, which is available to view here. By using the MAS websites, you agree to our collection, use and disclosure of your personal information as set out in our Privacy Policy.

  1. Changes to Terms of Use

We reserve the right to amend our Terms of Use and Privacy Policy from time to time. Any amendment will be effective upon notification on the MAS websites. Your continued use of the MAS websites after any amendment constitutes an agreement by you to comply with, and be bound by, the amendments. Accordingly, you should check our Terms of use and Privacy Policy regularly for changes.

  1. Information on the MAS Websites

All information set out on the MAS websites (“Information”) is provided by us in good faith and on an “as is” basis for general information purposes only.

We make no representation or warranty about the availability, accuracy, completeness, reliability, currency, completeness or timeliness of the Information. You should make your own assessment of the Information contained on the Site. If you choose to rely on any Information, this is wholly at your own risk and you are solely responsible for the consequences of your use of any Information, including any decision to act or not act on the basis of the Information.

The MAS websites may be accessed from outside Australia. We make no representation that the Information or MAS websites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the MAS websites from outside Australia, you do so at your own risk and you are responsible for ensuring your compliance with all laws in the place where you are located.

  1. Disclaimer and Limit on Liability

We make no representation or warranty about the MAS websites, including as to the security or availability of the MAS websites, or that your use of, or access to, the MAS websites will be uninterrupted or error free. We provide the MAS websites on an "as is" and "as available" basis. To the fullest extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these Terms of Use, including in relation to the accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

To the fullest extent permitted by law, and subject to the consumer guarantees addressed below, we will not be liable for any loss, damage, costs or expenses however caused and whether direct, indirect, incidental, consequential, special or punitive, including without limitation loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits, whether arising in contract, tort (including negligence) or otherwise, including in connection with:

  • the use of, or failure to access, MAS websites, or the websites or social media pages or feeds of other entities which are hyperlinked from MAS websites (“Linked Sites”);

  • the conduct of transactions on or via MAS websites, including the purchase of products and the making of payments or donations on or via the Site;

  • damage caused by any virus, malware or other similar malicious code to your computer, device, system or software as a result of your access to, or use of, MAS websites or any Linked Site;

  • the occurrence of any cyber theft, cyber hacking, point of sale intrusion, website application attacks, crimeware, unauthorised access to, or any other cyber event on MAS websites or the IT infrastructure of MAS websites; or

  • your failure to comply with the Terms of Use.

  1. Consumer Guarantees/ Refund and Returns Policy

If a supply under the Terms of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in the Terms of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:

  • in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and

  • in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired, and except in the case of a major failure (as that term is defined in the Australian Consumer Law), we can elect as between the remedies.

Matildas Active Support will honour all protections under the Australian Consumer Law. Please email us at sales@matildasactive.com within 14 days of delivery if you are not satisfied with your purchase so that we can resolve any problems. MAS does not provide any additional warranties or guarantees beyond the protections in the Australian Consumer Law. In particular, refunds are not available for simple change of mind. If a product has a major fault or otherwise does not comply with one of the consumer guarantees in the Australian Consumer Law, then a refund can be provided. This does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product, or if it has been dropped or broken.

If a product is clearly faulty then photographic evidence of this may be sufficient for us to honour a refund. In other circumstances, it may be necessary for you to return the item to us before a refund can be offered. All products must be returned in their original condition. All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered Post and that you prepay all postage. You assume any risk of lost, stolen or damaged goods during transit; therefore we advise you to take out shipment registration of insurance with your postal carrier. MAS will not be responsible for parcels lost or damaged in transit if you choose not to insure. Goods can also be returned personally - contact us if you would like us to extend the refund period in order to do this and avoid all postage costs.

  1. Delivery Policy

MAS has certain products offered for sale on our website https://matildasactive.company.site/, which is hosted through Ecwid. After ordering online, you will receive an email confirmation from Ecwid containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. If your ordered item is in stock, we will attempt to send your goods via Australia Post (or other mailing method) within 5 working days; however if goods are unavailable or on pre-order, then delivery will take a little longer. We will try to provide you with an approximate time frame for when to expect your order at the time of sale. If you wish to query a delivery please contact us at sales@matildasactive.com.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

  1. Your Use of MAS Websites

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site.

As a condition of your use of MAS websites, you agree and warrant to us that you will provide accurate information to us and keep it updated, and not use MAS websites for any purpose that is prohibited by the Terms of Use. In particular, you agree you will not, and it is prohibited for you to:

  • use MAS websites to defame, abuse, harass, stalk, threaten or otherwise offend any person;

  • publish, distribute, email, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;

  • use any automated scripting tools or software;

  • override any security feature or bypass or circumvent any access controls or use limits of MAS websites;

  • engage in or promote any third party surveys, contests, pyramid schemes, chain letters, unsolicited emailing or spamming via MAS websites;

  • impersonate any other person or entity;

  • upload, post, email, transmit or otherwise make available using MAS websites any material that you do not have a right to make available or which contains viruses, or other harmful computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware or to utilise other computer systems for improper purposes or without authorisation;

  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for MAS websites or any related technology that is not open source;

  • interfere with the operation of, or place an unreasonable load on, MAS websites (e.g., spam, denial of service attack, viruses, gaming algorithms); or

  • breach any laws or regulations which are applicable to your use of MAS websites in your jurisdiction, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws and tax laws.

  1. Linking

You may link to MAS websites provided you do so in a legitimate and fair way that does not damage our reputation or disparage us, our volunteers, donors, supporters, suppliers or advertisers. You must not establish a link in such a way as to suggest an association, approval or endorsement by us where none exists. You must not frame MAS websites on any other website. We reserve the right to withdraw linking permission at any time.

  1. Intellectual Property Rights

Copyright and all other intellectual property rights in material contained on MAS websites (including the text, graphics, videos, Information, designs, data and other content) (“Content”) is owned by us or our licensors unless otherwise indicated.

While you may browse or print the Content for non-commercial, personal use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of the MAS websites for any other purpose.

Trademarks, logos and company names referred to, used on, or in connection with MAS websites are the property of their respective owners.

  1. Third Party Sites

MAS websites (or social media sites on which we maintain a presence) may contain links to Linked Sites. Those links are provided for convenience only and may not remain current or be maintained. We have no control over or rights in any Linked Site that is not our own.

Unless specifically stated, the inclusion of a Linked Site should not be construed as any endorsement, approval, recommendation or preference by us of the owners or operators of the Linked Site, or for any information, product or service referred to on the Linked Site.

Your use of any Linked Site is entirely at your own risk and you will be bound by the terms and conditions (if any) posted on the Linked Site. We are not responsible for the privacy practices of any Linked Sites, third party social media or other service providers that you can access through this Site, and you should review their respective privacy policies (as applicable).

  1. Your Visit to MAS Websites

We may use cookies (small data files that are stored on your computer) and other similar technologies to collect anonymous traffic data and to improve your MAS websites user experience. You can remove or block cookies using the settings in your web browser, but this may impact your ability to use MAS websites.

We may also collect and store information about your visit to MAS websites, including:

  • the name of the domain from which you accessed the internet;

  • the date and time you accessed MAS websites;

  • the internet address of the website from which you linked directly to MAS websites;

  • the pages you accessed while visiting MAS websites;

  • the type of device from which you accessed MAS websites; and

  • the location from which you accessed MAS websites.

All of the information we collect using cookies is aggregated and cannot be used to identify you individually. This information is used to measure visitor numbers and to assess how MAS websites were used in order to maintain their effectiveness. We do not collect this information for any type of online advertising.

  1. Complaints

Complaints and disputes will be handled in accordance with our Complaints policy and complaints handling procedure. You agree to participate in good faith in that process. If you believe there has been any error you should notify us in the first instance and as soon as possible so that we can act to resolve your query or concern.

  1. Applicable Laws

The Terms of Use are governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales in respect of any proceedings in connection with the Terms of Use or MAS websites.

  1. Entire Agreement and Severability

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on MAS websites constitutes the entire agreement and understanding between you and us and govern your use of MAS websites, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use MAS websites, or when you cease using MAS websites.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to MAS websites or services (or any part thereof).

  1. Contact us

If you have any comments, questions or concerns, you can contact us by email at info@matildasactive.com.