Terms of Service & Refund
PERSONS UNDER THE AGE OF 18
Our Services are designed for use by persons under the age of 18. We provide Our Services to persons under the age of 18 (Minor) where a parent or legal guardian agrees to these terms and conditions on behalf of the Minor. If we are not satisfied that a parent or legal guardian has agreed to these terms and conditions on behalf of a Minor, we may choose not to commence providing Our Services to you or if we have commenced providing Our Services to you, suspend and/or cease providing Our Services to you, and/or terminate these terms and conditions with you.
Your use of Our Services and access to Our Information and any dispute arising out of such use of Our Services is subject to the laws of New South Wales.
CONDITIONS OF PARTICIPATION
We comply with all regulations as they apply to Our Services including those imposed by COVID 19. You must comply with those regulations as well. This includes:
- social distancing of 1.5m between others
- washing and sanitising hands
- staying home if unwell or showing signs of the virus
- staying home if tested positive or are awaiting test results.
We reserve the right to refuse to provide you with Our Services if you if you do not comply with our reasonable directions for compliance with those regulations that we must enforce.
We also reserve the right to refuse entry or eject you if we reasonably believe you are intoxicated and have or may pose a danger to yourself or others or are a nuisance to others in any way.
- follow our directions or the directions of our employee or contractors or artists;
- not interfere with the quiet enjoyment of Our Services by other customers;
- not be rude to any person whilst participating in Our Services;
- dress appropriately for Our Services;
- not smoke in or about the premises at which Our Services are held;
- not take photographs or video without the express permission of the subject including those surrounding the subject who may be caught in the photo or video.
If you breach any of these conditions of entry in any way, we reserve the right to eject you from participating in Our Services and/or the premises and in such case, no refund in part or full will be given.
In addition, you:
- represent and warrant that you are fit and in good health and are able to participate in Our Services;
- will undertake any necessary physical and/or medical examination we might require to determine your fitness to participate in Our Services;
- must be registered as a member with any association required to participate in Our Services
- take all steps and comply with all rules associated with the relevant association in order to participate in their competition or league;
- not doing anything which might bring us, the league or any other player or participant into disrepute;
- abide by and comply with our and the relevant association’s rules and regulations as they relate to basketball;
- to take all reasonable steps to assist us in fulfilling sideline duties such as time-keeping, refereeing and scoring which may include assistance by a parent or other person;
- to comply with all of our reasonable directions including but not limited to directions associated with preparation for Our Services (including games), attendance, behaviour and dress (including sanctioned uniforms) at social functions;
- consent to us recording all Contactless Training Zoom Sessions and using, for our own purposes (including but not limited to marketing, promotion and advertising), all such recordings in any manner we choose;
- to be available for reasonable promotional and marketing activities requested by us and for that purpose, allow us to use your name, image, likeness, talents and reputation in any form of media to publicise and promote our business and that of the business of any of our sponsors;
- consent to us or our agents filming you and using your likeness and image for the purposes of coaching you, others and the promotion of our business;
- agree to the use of your photo, video, or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organisers, and our assigns.
PURCHASE, PAYMENT AND SUPPLY OF OUR SERVICES
Heart and Soul Hoops provides various programs and training for basketball. Our Services include private mentorship, academy Services, team training and other services (Session). The price for each Session is on Our Website. These prices may change from time-to-time. Unless otherwise specified the price includes any value added tax such as GST. We accept those forms payment we offer to you when you checkout the payment of your Session.
You must pay for Our Services or specific Sessions in accordance with the payment terms we prescribe Our Website from time to time. We reserve the right exclude you from participating in Our Services where you have failed to pay all or any part of Fees due and payable to us.
The Fee for a Session including all taxes and charges are specified on Our Website and must be paid for in advance of your Session via our Website. Until you pay the Fee you do not have any right to attend or receive a Session from us.
CANCELLATION, REFUNDS & RESCHEDULING A SESSION
We have certain rules for the cancellation, refund or rescheduling of a Session. If you need to do any of these things you should contact us via Our Website.
72 hours plus before the private training Session start time
You can opt to receive a credit which enables you to book into any upcoming Session within the next 7 days from the original Session date.
48 – 72 hours before the private training Session start time
You are eligible to receive a credit which enables you to book into any upcoming Session within the next 7 days from the original Session date after paying us an administration fee of $25
24 hours before the private training Session start time
You are not eligible to receive a credit.
We do not refund all or any part of the Fee because you change your mind or are absent from attending a Session. If we agree to provide you with a credit to rebook a Session then you must rebook your Session on or before the end of the then current school term. In all circumstances we reserve the right to determine whether we will agree to provide you with a credit to rebook a Session.
In some circumstances we may have to cancel your Session (for events outside our control, a lack of attendees or a cancellation by an due to a government direction). Where we cancel your Session we will provide you with a credit voucher which enables you to book into any upcoming Session within the next 10 days from the original Session date. This policy includes a cancellation by us where we are directed to do so by any government or statutory authority for any reason, including COVID-19.
RECREATIONAL RISK WARNING
Before you participate in Our Services, you should ensure that you are aware of, and properly understand, all of the risks involved in Our Services, and that those risks will include any particular risks associated with any health condition or pre-existing disability from which you suffer.
By signing participating in Our Services, you acknowledge, agree and understand that you engage or participate in Our Services voluntarily and at your own risk in full knowledge of the risks generally.
If you are a Minor and your parent, guardian or responsible person performing parenting responsibilities has agreed to these terms and conditions, such person acknowledges and agrees that they have explained to you that Our Services may involve risks generally; and the Particular risks.
By participating in Our Services, you also acknowledge, agree and understand that the risk warning above constitutes a formal 'risk warning' for the purposes of the relevant legislation, including for the purpose of:
- Section 5M of the Civil Liability Act 2002 (NSW);
- Section 5I of the Civil Liability Act 2002 (WA);
- Section 48 of the Consumer Affairs and Fair Trading Act (NT);
- Section 43 of the Civil Law (Wrongs) Act 2002 (ACT);
- Section 15 - 20 of the Civil Liability Act 2002 (TAS);
- Section 31 - 39 of the Civil Liability Act 1936 (SA);
- Section 50 of the Wrongs Act 1958(VIC); and/or
- Section 13 - 19 of the Civil Liability Act 2003 (QLD).
Section 139A of Competition and Consumer Act, 2010 (Cth) permits us to ask you to agree that the statutory guarantees under the Australian Consumer Law(Cth) do not apply to you (or a person for whom or on whose behalf you are acquiring the services to engage in Our Services).
By participating in Our Services, you acknowledge, agree and understand that, to the full extent permitted by law (including section 139A of the Competition and Consumer Act 2010 (Cth)):
- your rights (or the rights of a person for whom or on whose behalf you are acquiring the services) to sue us, its servant and agents, in relation to Our Services if Our Services or associated services were not provided to you in accordance with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill, are excluded, restricted or modified as set out below; and
- you (or the person for whom or on whose behalf you are acquiring the services) release us, our servants and agents, from all liability for a failure to comply with any express or implied warranty or guarantee that the services will be provided with reasonable care and skill.
The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called consumer guarantees (Consumer Guarantees).
Under the ACL, these Consumer Guarantees cannot be excluded. You are entitled to a replacement or refund for a major failure in the delivery of Our Services to you.
You hereby waive and release, indemnify, hold harmless and forever discharge us and our agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for your benefit provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
You understand that the activities, in which you will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. You and your heirs, assigns, administrators, executors and next of kin, waive all claims of damage, injuries and death sustained to you or your property, that you may have against us to such activities, including claims in tort, contract, equity or otherwise.
You acknowledge, agree and represent that I understand the nature of Our Services and you represent that you are in good health and in proper physical condition to participate in Our Services.
By this waiver, you agree that you assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Our Services.
The provision of this waiver and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for your benefit of whether by agreement, by operation of law, or otherwise.
You have read, understood and fully agree to the term of this waiver and release. You understand and confirm that by participating in Our Services you have given up considerable future legal rights.
DISCLAIMER OF WARRANTIES
No representation or warranty (express or implied) is made as to the currency, completeness, accuracy, reliability, suitability, and/or availability of Our Information or Our Services. In no way are we liable for loss or damage or theft of any personal items.
Our Services are provided on an “as is” and “as available” basis. We disclaim any warranties, express, implied or statutory, that may be expressed or implied by law regarding our Services, including warranties of accuracy, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that you use our Services at your own discretion and risk and that you will be solely responsible for any loss or damages (including personal injury or death) that results from the use of our Services including any claim, liability, loss or damage arising out of the consumption of alcohol.
To the maximum extent permitted by law, Heart and Soul Hoops expressly disclaims all liability (including for negligence) for any loss, damage, injury, expense or costs incurred by you arising out of accessing, downloading, using Our Services including attending a Session or relying on any of Our Information.
In no event will we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if you have been previously advised of the possibility of such damage.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
As a condition of your access to and use of Our Website and/or attendance to a Session, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
- your access to and use of Our Website, Our Services and Our Information; and
We may engage third-party Session providers for things such as (this list is not exhaustive):
- online booking systems;
- messaging by email, SMS, or other means;
- payment processors such as PayPal or Stripe (collectively Third-Party Services).
All intellectual property rights in Our Information or Our Services, including, but not limited to, text, graphics, architecture and coding (including any copyright subsisting in them), is owned by Heart and Soul Hoops.
You may access and download Our Information where available, but may not, subject to a use for the purposes of private study, research, criticism or review as permitted under the Copyright Act 1968 (Cth), modify, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of Our Information or Our Services in whole or in part without the prior written permission of Heart and Soul Hoops.
You licence to us on a world wide, perpetual, royalty free basis any photo or recording we take at our Session and you grant us permission to use this licence in our marketing in any manner whatsoever. This may include an image of you. If you do not want an image of you taken please advise us in advance.
LINKS TO OTHER WEBSITES
Our Website may contain links to other websites. These links are provided for your convenience only.
Heart and Soul Hoops does not specifically endorse any organisation, association or entity referred to in, or linked to, Our Website. Views or recommendations provided in linked websites do not necessarily reflect those of Heart and Soul Hoops and Heart and Soul Hoops has no responsibility for the content of the linked website(s). It is your responsibility to make your own decisions about the currency, completeness, accuracy, reliability and suitability of information contained in linked websites.
You may link to Our Website but permission is restricted to making a link without any alteration of Our Information. Permission is not granted to reproduce, frame or reformat the files, pages, images, information and materials from Our Website unless express prior written permission has been obtained from Heart and Soul Hoops.
In no event are you permitted to use Our Information to sell a product or Session, or to increase traffic to Our Website or any other website, application, publication, online or offline content for commercial reasons, such as advertising sales. Heart and Soul Hoops reserves the right to prevent linking to Our Website at any time.
USING OUR SERVICES
Our Services may prompt you to select or provide us with certain information, such as your age and gender. Under Australian Privacy Legislation, you have the right to obtain services anonymously or using a pseudonym. Notwithstanding this, you acknowledge that the information you select or provide us must be correct in order for us provide to you Our Services. We will not be responsible if you select incorrect variables or provide us with inaccurate or incorrect information about yourself. This includes information selected or entered with the intention of providing you with anonymity or pseudonymity.
You are responsible for supplying us with accurate data and information about yourself at all times and modifying any of your information immediately when changes occur.
We do not promise that you will have continuous and uninterrupted access to Our Website or that Our Website or Our Services will be free of any harmful code, virus, or other malware. We are not responsible for any interference or damage to your device or computer.
PROVISION OF INFORMATION ABOUT YOU
You do not need to register or provide us with any information about yourself in order to browse Our Information on Our Website. However, in order for us to provide Our Services to you, we need to collect personal and other information about you.
In the provision of personal information:
- you agree that all information provided during the registration process is true and accurate and you will update this information in order to keep it current, complete and accurate; and
As part of your access to and use of Our Services, you may be able to create a personal profile.
To create a profile, you will be required to provide information, including an email address and password. Depending on Our Services you use, you may also be required to provide other information relevant to your circumstances.
APPROPRIATE USAGE AND RESPONSIBILITIES
You must not use Our Website, Our Information or Our Services for any fraudulent or inappropriate purposes. You agree not to promote the unauthorised use of a third-party or to encourage the third party to use any portion of Our Website, Our Information or Our Services to transmit or upload any content that is against the law, abusive, unauthorised, harassing, obscene, slanderous, virus-containing, or is otherwise distasteful as reasonably determined by us.
You agree not to resell, reproduce or take advantage of any part of Our Website, Our Information or Our Services by robot, spider, other automated device, or manually to monitor or duplicate any content without our express written permission.
You agree not to engage in any type of activity that negatively affects the purpose or intention of Our Website, including, but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of Our Services, in whole or in part, by, among other methods mentioned or not mentioned, subscribing another person or party without their authorisation.
You must not:
- upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any information (including any review of Our Services or persons associated with delivering Our Services to you) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, deceptive, fraudulent, untrue or explicit or unnecessarily graphic descriptions of accounts of and situations pertaining to sexual acts about us, our employees or contractors;
- upload, post, publish, comment, email, reproduce, distribute or otherwise transmit any content (including any review of Our Services or persons associated with delivering Our Services to you) that victimises, harasses, degrades, or intimidates us, our employees or consultants on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or harm minors in any way;
- upload, post, publish, comment, email, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, or any other computer code, files or programs, designed to maliciously, whether intended to or not, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
- forge or manipulate packet headers in order to disguise the origin of any content transmitted to or through this website;
- intentionally or unintentionally violate any applicable local, state or national law; and
- harvest, collect or store information about other clients of Our Services.
SECURITY, VIRUSES, ERRORS AND AVAILABILITY
The internet is an insecure public network which means there are risks that information sent to or from us may be intercepted, corrupted or modified by third-parties. In addition, files obtained from or through us may contain computer viruses, disabling codes, worms or other devices or defects. You bear the risks and responsibility for any loss or damage caused, directly or indirectly, by these risks and Heart and Soul Hoops is not liable for any interference with, or damage to, your computer system, device, software or data occurring in connection with Our Website.
Using Our Services or visiting Our Website, sending us information about yourself through Our Services, emailing us, and completing forms (whether online via Our Website) constitute electronic communications. By using Our Website or Our Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Website.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on Our Website, 24 hours after an email is sent, or three (3) days after the date of posting any letter. As proof of Session, it is sufficient that:
- for letters, the letter was properly addressed, stamped and placed in the post; and
- for emails, the email was sent to the specified email address.
We may suspend or terminate your access to Our Website and refuse to provide you any of Our Services including prohibiting you from attending a Session if you breach these Terms, we suspect or become aware that you have provided false or misleading information to us and/or we believe in our sole discretion that your actions may cause legal liability for you.
We will not be liable to you or any third-party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with this clause.
- acts of God;
- natural disasters;
- shortage of, damage to, inability to access or reduced functionality of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- computer hacking; or
- malicious damage.
If we waive a default, it does not constitute a waiver of any subsequent defaults.
No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing.
UPDATES TO THESE TERMS
We reserve the right, in our discretion, to correct any errors or omissions in any part of Our Website and Our Information. We may restrict access to parts or the entirety of Our Website and Our Services at any time, including, but not limited to, Our Information, certain features and Our Services, hours of availability, and equipment needed for access or use, without notice or liability.
Our Information and any material on Our Website may be out of date at any given time and we are under no obligation to update such material.