TERMS OF SERVICE
These User terms (“Terms”) apply to all Users wishing to use our website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. In using our website and services, you agree to be bound by these Terms as well as any and all general terms and conditions and cancellation policy and privacy policy posted on our website from time to time. If you do not accept these Terms, you are not permitted to use our website services.
DEFINITIONS
“Content” means any and all sound recordings, material, links, words, images including but not limited to any goods and services the User submits, advertises or links to or on the website.
“Coach” means anyone learning, offering, advertising or selling their service and related services through our website.
“Player/You” means anyone booking a session and other related services through our website.
“Services” means a classified service whereby users can participate in soccer fitness sessions and other related services offered through our website. “the website” means www.purefootballdevelopment.com.au
“We”, “our” and “us” means Pure Football Development Pty Ltd (ACN 651 068 610) and includes directors, employees, contractors and affiliates.
“User/Player/You” means the individual or business using our Services and by doing so, agree to these Terms.
PLAYER SESSION PAYMENT TERMS: We offer classes including Holiday Camps, Pure Girls, Pro Skills, 1 on 1 Coaching, Pure Bootcamp and Elite Athlete. Player coaching sessions are run in Sydney. You are responsible for travel to and from the course venue or field. Payment must be made in full in advance; please see our program fees here http://54.206.62.99/#/course. Bookings are essential and must be made using our schedule session availability here htpp://
LIABILITY: You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the Services or our website. Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these Terms. We are not responsible for any loss, damage or issues you may have with any other User and we cannot be held responsible for any direct or indirect loss you may suffer as a result of players playing elsewhere. In addition, we will in no way be liable to you for any direct, indirect, incidental, special, or consequential loss or damage of any nature or type (including but not limited to any physical, mental or emotional injury, or death, damage to property, loss of opportunity or revenue, insolvency, or any other issue) which may arise as a result of your engagement of a player or coach, your use of or reliance on this website, or anything related directly or indirectly to your use of any information or services on or through this website. This limitation of liability clause includes any reliance by you on the information on the website, and in our courses, and access to or inability to use the website. You assume all risk in using the Services and we cannot be liable for your use of or reliance on any Services. While we endeavour to keep the website and sessions up-to-date and correct, we make no representation or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any of the Services for any particular purpose and provide it for your informational purposes. Any reliance you place on such information is therefore strictly at your own risk. In any case, our liability to you will not exceed the amount paid by you for your subscription or for your course fee. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
INDEMNITY: You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you in respect of any legal proceedings of any competent jurisdiction worldwide. You agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims demands costs damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website or for any action or inaction by you using our Services. In addition, you agree to fully indemnify us for any and all claims as a result of you using our Services or for any third party claims which may result from your Content, or any business you conduct with any User. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise
DISPUTES: Whilst we hope that all customers will act honourably and with integrity, we cannot verify any coach nor can we confirm the quality or reputation of any coach. You need to check all coach references and reputation.
By using this website and accessing football coaching sessions offered through this website, you agree and acknowledge that you do so at your own risk. Any disputes, issues, dealings and complaints are to be dealt with directly by email to heycoach@purefd.com.au. You will manage all customer disputes in good faith and in accordance with all Australian Consumer and other law requirements. We are not liable for any action or inaction of an instructor. You agree to indemnify us for any claim arising in relation to this clause.
POSTS: posting any comments, experiences or recommendations to our website, you will at all times ensure you are doing so in good faith and all times abide by all terms on our website. Any recommendations, comments, information or posts (together “Posts”) you make to our website will abide by our Terms and will be made in the spirit, culture and ethos of the website. You agree you will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, User, advertiser, or third party. We can at any time, in our sole discretion, remove any Post and deny you access to the website.
LINKS TO OTHER WEBSITES: We may from time to time provide on our website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between us and the owners of those websites. We take no responsibility for any of the content found on the linked websites. Our website may contain information or advertisements provided by third parties for which we accept no responsibility whatsoever for any information or advice provided to you directly by third parties.
INTELLECTUAL PROPERTY: All custom graphics, icons, logos and service names are registered trademarks, copyright, trade or service marks of ours. All other trademarks or service marks within this website are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or any of our Users.
You are solely responsible for obtaining written permission before re-using any copyrighted material that is available on this website. Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
YOUR PRIVACY: We are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We at all times, respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data we collect is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
THIRD PARTIES: We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSE YOUR INFORMATION: We may be required, in certain circumstances, to disclose information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
MODIFICATION OF WEBSITE AND CONTENT: We reserve the right at any time and from time to time to remove, delete, alter or amend any content or the website. We shall not be liable to you or any third party for any modification when it is required.
WHOLE AGREEMENT: Terms and any written agreement regarding our Services represent the whole agreement between you and us concerning your use and access to our website and your use and our Services. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS: Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory, shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
GOVERNING LAW: These Terms are governed by the laws of New South Wales which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning these Terms.