Terms & Conditions

SPORTS SPEED ACADEMY
TERMS AND CONDITIONS OF TRADE

1	INTRODUCTION

1.1	These Terms and Conditions are an agreement between Sports Speed Academy and You.

1.2	These Terms and Conditions govern the use of the Sports Speed Academy products and services. When you access or use the Sports Speed Academy Website or participate in any of the programs or activities on the Website, you agree that your use is conditional on you complying with these terms and conditions ("Terms and Conditions").
	
1.3	By selecting "I agree to the Terms and Conditions" when activating your account, or by accessing this content on the Website, you signify your acceptance of and agreement to these Terms and Conditions.

1.4	No third party is entitled to the benefit of these Terms and Conditions in connection with the agreement between the Company and You.

1.5	You must be at least 18 years old to use the Website, otherwise you must have a parent or guardian sign and agree to monitor website and program portal use. 
1.6	If someone believes that a person under eighteen has provided information to the Company, or is using the Services, without a parent or guardians knowledge, please notify the Company immediately so we may address the issue.

2	MEDICAL DISCLAIMER

2.1	The Services and Website include information and instructions relating to sports training, exercise, and fitness. You acknowledge and agree that:

2.1.1	Before participating in any training or exercise program or using any training or fitness products or services that may be described and/or made accessible in or through the Website, you must consult with a medical practitioner as to the suitability of the program for You.

2.1.2	The Company, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not medical practitioners and cannot provide You with medical advice or treatment. The Company, its directors, other officers, employees, shareholders, agents and affiliates and other content providers cannot provide expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet based on any specific medical condition.

2.1.3	The Services are not a substitute for medical advice from your doctor or health care provider. The Company does not warrant or represent that the Services are complete, accurate, or appropriate for any particular person or purpose.

2.1.4	The content on the Website should not be used instead of advice given by a qualified medical practitioner(s). The Services and Website should only ever be used alongside guidance from qualified medical practitioners. You must address any questions or concerns You may have regarding the Services or Your health to Your qualified medical practitioner, prior to making any change to Your health care regime, exercise, or diet.

2.1.5	The participation in any exercise, or fitness program gives rise to a risk of physical injury and death. Given the disclosures and disclaimers by the Company, you assume the risk and responsibility for any such results or outcomes.

2.1.6	If You know or suspect that You may have a physical or medical condition which may impact Your ability to participate in the Services, including but not limited to pregnancy, eating disorders, diabetes, obesity, heart condition or high blood pressure You agree that You must seek the advice of a medical practitioner before using the Services or Website.

2.1.7	If You experience any discomfort or pain during a diet, exercise, or fitness routine, You must immediately cease participating in the Services and seek advice from their Medical Practitioner.

3	PROVISION OF SERVICES

3.1	The Company agrees to provide the Services to You, during the Term.

3.2	You acknowledge that the provision of Services is limited to those detailed in this Clause 2 and are personal to you. Any services not listed in this Clause if provided will be in addition to the Services and will carry an additional cost.

3.3	The Services include the provision of sports and fitness instruction and sports and fitness content on the Website and online program portal.

3.4	Upon registering for an account and paying the Fee in full, you will be entitled to (subject to these Terms and Conditions):

3.4.1.1	access the sports coaching and fitness content provided by the Company,

3.4.1.2	interact with the website by loading in personal data.

3.4.1.3	access various training articles and training modules; and

3.4.1.4	access the content generated by You including text, photographs, images, graphics, videos, and audio content (collectively, "Website Content").

3.4.1.5	The Company may, in its sole discretion, change or discontinue any or all aspects of the Website, including any of the Website Content, at any time without notice.

3.5	You acknowledge and agree that there are varying levels of Services available on the Website, and different fees may be payable for different services. if you pay a Fee for a specific level of services that Fee:

3.5.1	permits you to access and use nominated content included in nominated level of services without further charge or cost; and

3.5.2	does not permit you to access or use services other than the specific services paid for by your Fee, without paying an additional charge or cost (for example special challenges).

4	FEE FOR SERVICES

4.1	Any Fee list on the Website by the Company for the provision of Services to You is valid only at the time the price list is viewed. Prices for the Services can be varied from time to time at the Company's sole discretion, and you will be notified by the Company in advance if and when this occurs.

4.2	Payment of Fee

4.2.1	You will pay the Fee to the Company for the Services in advance. No Services shall be provided to You, and You will not be entitled to access Your account, until payment has been received by the Company in cleared funds.

4.2.2	The Company will provide You with a tax invoice for the Services within 7 days of payment of the Fee by You.

4.2.3	Any GST assessed on the Services will be payable by You and is included in the Fee.

4.2.4	Upon the expiry of the Term, your access to your account will be restricted unless You have paid the Fee to renew Your account.

4.2.5	All payment and transactions must be made online and electronically. You acknowledge and agree that you will be charged processing fees depending on the type of payment you select.

5	OWNERSHIP

5.1	You acknowledge that the Company retains ownership of the Website and all documents and other items produced developed, provided, or generated in the provision of the Services to You.

5.2	You must not copy, use, market, distribute, alter, change, modify, sell, or otherwise deal with the Services. If You make any unauthorized change or modification to any documents and other items provided by the Company to You, You shall fully indemnify the Company against any loss, claims or liability incurred by the Company or any third party either directly or indirectly as a result of such unauthorized change or modification. Your information provided will be used, maintained, and stored in accordance with the Company's privacy policy Sports Speed Academy — Privacy Policy).

6	ELECTRONIC NOTICE

7	You acknowledge and agree that all correspondence between the parties will take place by email. You acknowledge and agree that all notices may be sent to You by email to an email address You have provided to the Company.

8	It is Your responsibility to keep any email address listed in Your account up to date and ensure that any correspondence from the Company is not blocked by Your email filters.

9	INTELLECTUAL PROPERTY AND USE OF WEBSITE

9.1	The Company owns all rights in Sports Speed Academy, including the Website. All content (including but not limited to content, exercise programs, recipes, graphics, logos, software, video and audio content, software, articles, and other elements comprising the Website) are the property of the Company and are protected by the laws of copyright, trademarks and other laws relating to the protection of intellectual property.

9.2	The Company grants You a personal, limited, non-exclusive and non- transferrable license, revocable at any time, to use and access the content on the Website, for non-commercial purposes. Otherwise, no part of the Website may be reproduced, copied, adapted, published, or distributed without the prior written consent of the Company.

9.3	You warrant and agree that:

9.3.1	You have the right, all consents, and all permissions to use any content You post on the website, and You irrevocably authorizes the Company to use that content to be included and used on the Website; and

9.3.2	You will not include material that, by uploading it to the Website would be in breach of copyright, or otherwise subject to third party proprietary rights, including privacy rights, unless You are the owner of such rights.

9.3.3	You will not publish anything that is false, misleading or a misrepresentation.

9.3.4	You will not post material that is unlawful, obscene, threatening, pornographic, harassing, racially or ethnically offensive, vilifying or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate.

9.3.5	You will not post advertisements or solicitations for business; and

9.3.6	You will not upload any content that is malicious or contains any virus or spam, you indemnify the Company for any loss or damage it may incur as a result of You being in breach of this Clause.

9.4	The Company reserves the right not to post, or to remove any content posted by You, without prior notice.

10	COMPANY RIGHTS TO CONTENT

10.1	If You post content to the Website ("Client Content"), You authorize the Company to:

10.1.1	display or publish all or part of the Client Content on the Website in a form chosen by the Company at its sole discretion;

10.1.2	store the Client Content; and

10.1.3	distribute and use the Client Content for promotional and marketing purposes.

11	CLIENT AGREEMENTS AND WARRANTIES

11.1	You warrant and agree that:

11.1.1	You are over eighteen and have legal capacity to enter into contracts.

11.1.2	All information You have provided is true, accurate and up to date.

11.1.3	You will comply at all times with these Terms and Conditions and all applicable laws.

11.1.4	You will be solely responsible for any content You post on the Website and the consequences of posting or publishing that content, including (for example) any personal information, such as Your home address or Your current location or that of any other person (with the exception of You providing Your information to the Company for the purposes of establishing an account).

11.1.5	The Company is not responsible for the consequences of You sharing or posting any personal or other information.

11.1.6	You must not post content intended to provide professional advice, including medical or fitness advice, or advertising of any kind.

11.2	Failing clause 11.1.1, you warrant and agree that:

11.2.1	You are a minor under the age of 18, and you agree to provide an undertaking to the Company that a parent and/or a guardian has reviewed the Terms and Conditions and explained the information and responsibilities imposed upon you to adhere to the agreement, complying with clauses 11.1.3 to 11.1.6, at all times the Terms and Conditions are enforceable. 

11.3	You agree that You are responsible for:

11.3.1	obtaining, at Your own expense, all hardware, equipment, software, and services needed to access and use the Website and undertake any fitness programs provided on the Website. If You access the Website through a mobile or wireless device, You are responsible for all fees that Your telecommunications carrier may charge You for data, text messaging and other services.

11.3.2	keeping Your username and password confidential. You must not share, give, or sell Your username or password to any person or company. You must take all actions possible to protect Your username and password from fraudulent use. Excessive viewing or logins by You may be construed by the Company as fraudulent or commercial use of the Services, which may result in the immediate cancellation of your access to the Services without refund. The Company may at its discretion determine whether excessive viewing or logins has occurred.

12	WEBSITE

12.1	At times, the Website may contain information contributed by third parties or employees of the Company. The Company does not necessarily hold the opinions expressed by any content contributors, including Clients of the Company. Opinions and other statements posted on the Website by clients and third parties are their own and are not the opinions of the Company. Content created by third parties and Clients is the responsibility of the third party or client. The accuracy and completeness are not guaranteed by the Company. You acknowledge and agree that the Company is not undertaking any responsibility, obligation, or liability regarding the content by simply providing You with the ability to view and distribute content of third parties through the Website.

12.2	Content posted by third parties and clients to the Website may not be monitored at all times. The Company does not undertake or assume any duty to monitor the Website for inappropriate or unlawful content. Notwithstanding this, the Company reserves the right to block or remove content at any time at its sole discretion.

12.3	The Company cannot guarantee or warrant that the Website will not contain malicious materials such as viruses and malware. While the Company will take all reasonable steps to prevent any damage occurring, you agree that the Company is not liable for any damages or harm that you suffer or incur as a result of accessing the Website.

12.4	The Company cannot guarantee that the Website or Services will be uninterrupted or error-free. There may be delays, omissions, interruptions, and inaccuracies in the content. The Company does not warrant the accuracy, completeness, timeliness or reliability of any advice, opinion, statement, or other content on the Website.

13	TERMINATION

13.1	Termination by the Company

13.1.1	The Company may, in its absolute discretion and without notice to You, terminate the provision of the Services to You:

13.1.1.1	upon a liquidator, provisional liquidator, trustee, administrator, receiver, receiver and manager or similar officer being appointed to You, any and all of which is deemed to be in default of these Terms and Conditions;

13.1.1.2	upon You being in breach of these Terms and Conditions;
13.1.1.3	upon You being guilty of any dishonesty or serious misconduct;

13.1.1.4	upon You if a trustee being replaced as trustee or another trustee being appointment in its place; or

13.1.1.5	upon giving You 30 days’ notice in writing.

13.1.2	The Company may suspend or terminate Your use of the Website at any time and from time to time, with or without notice and without being required to give any reasons. The Company reserves the right, at any time and from time to time, to modify, suspend or discontinue the Services (or any part of the Services), temporarily or permanently, with or without notice, including but not limited to as a result of a Force Majeure Event. You agree that the Company is not liable to You or any third party for any such modification, suspension, termination, or discontinuance of the Services whether temporarily or permanently and whether with or without notice to you.

13.2	Termination by You

You may terminate your agreement with the Company at any time by closing your account. Termination will not entitle You to a refund of any monies paid in advance. If You close your account, You will no longer be entitled to access the Services or information You have stored or entered into Your account.

13.3	Rights Remain

Termination of this agreement to provide Services will be without prejudice to any claim which the Company may have in law or equity arising from any breach of these Terms and Conditions by You.

14	CONSUMER LAW DISCLOSURE

14.1	Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The term “major failure” has a defined meaning under the Australian Consumer Law.

14.2	All goods and service purchases made at this Website are covered by the Australian Consumer Law (including, but not limited to, the information services provided through this Website). You are entitled to a replacement (or resupply in the case of services) or refund for a major failure of goods or services. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

14.3	No additional express warranty for defects or otherwise is provided for our services. Consumers may rely upon their statutory rights and remedies under the Australian Consumer Law.
14.4	The Company can be contacted in relation to claims as follows:

14.4.1	Telephone Number:	0406 444 100

14.4.2	Email Address:	info@sportsspeedacademy.com.au

14.4.3	Mailing address:	545 Kingsway Miranda NSW 2228

15	LIABILITY

15.1	You agree, regardless of the act or negligence on the part of the Company, its employees, servants or agents, to release, hold harmless and indemnify the Company from and against all liabilities, claims, damages, losses, costs and expenses of any nature howsoever occurring and any death or injury caused including but not limited to willful misconduct which may accrue against or be suffered by the Company arising out of or in any way connected with the provision of the Services.

15.2	To the extent permitted by law, You indemnify the Company, its servants, agents and employees against all claims, demands, damages, liabilities, expenses and losses arising from or resulting, either directly or indirectly from the provisions of the Services by the Company to You or Your use of the Services. The liability of the Company in damages (including special, indirect or consequential damages, which damages will be deemed to include loss of revenue, loss of profit and loss of opportunity) in respect of any act or omission of the Company’s in connection with its obligations under these Terms and Conditions will not exceed the amount of one hundred dollars (AUD100), even if the Company has been advised by You as to the  possibility of such loss being incurred.

15.3	Nothing in this Clause reduces or removes any rights You may have in accordance with the Australian Consumer Law.

16	GENERAL

16.1	These Terms and Conditions are the entire agreement between the Company and You with respect to the Services. These Terms and Conditions supersede all prior agreements and understandings and to the extent permissible by law any implied terms or representations are expressly excluded or negatived.

16.2	These Terms and Conditions may be modified by the Company from time to time at its sole discretion. If the Company varies or modifies these Terms and Conditions, the Company will notify You by email at the email address listed in Your account. If You continue to use the Services after that notification, You will be deemed to have consented to the Terms and Conditions as varied or modified.

16.3	If any provision of these Terms and Conditions is void, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly, If a provision is still void, voidable, unenforceable or illegal if a word or words were omitted, that word or those words are severed, then the remainder of these Terms and Conditions will be of full force and effect.

16.4	The laws of New South Wales apply to these Terms and Conditions.

17	DEFINITIONS AND INTERPRETATION

17.1	In these Terms and Conditions:

Fee means the fee(s) payable by You to the Company for the Services as set out in the Fee list located on the Website.

Force Majeure Event means an event or circumstance which is beyond the control and without the fault or negligence of the Company and which by the exercise of reasonable diligence the Company was unable to prevent including but not limited to the following:

(a)	riot, war, invasion, act of foreign enemies, hostilities (whether war be declared or not) acts of terrorism, civil war, rebellion, revolution, insurrection of military or usurped power, requisition, or compulsory acquisition by any governmental or competent authority;

(b)	earthquakes, flood, fire or other physical natural disaster, Act of God, or inclement weather;

(c)	epidemics;

(d)	strikes at national level or industrial disputes or industrial action at a national level, or lockouts; and

(e)	power or telecommunications outage;

GST means any tax, impost or duty, including any goods and services, consumption, value added or similar tax applying on goods, services, or other things introduced by the Commonwealth, a State or Territory (whether before or after the date of these Terms and Conditions) which is charged or levied on goods, services or other things and at the rate determined from time to time.

Person means an individual, group, company, or other entity.

Services means the services to be conducted by the Company as listed in Clause 1.

Term means a year commencing on the date You register or renew an account on the Website and pays the fee in full. 

Terms and Conditions means the terms and conditions as set out in this document.

You and Your means the client who has registered for an account with the Company on the Website and to whom the Company is providing the Services.

The words “include, “including” and “for example” are not to be construed as words of limitation;