Parent Terms Conditions
Certain words have special meaning when used in a term or condition or if defined in the Definitions section.
By registering to use the Application and/or using the Application and its associated services and technologies, You:
- confirm that You have read and understood the terms and conditions (and the other terms and conditions and policies referred to in these terms and conditions) (“Terms”);
- agree to be bound by the Terms from the time that You access to the Application;
- confirm that You have the authority to act on behalf of any person for or in relation to, whom You are
using the Application.
We may amend these Terms at any time by publishing the amended version on Our website or by otherwise providing notice to You, such as by email or notification in the Application. Any such amended version will apply to Your use of the Application from the date of its publication or Our notice to You.
BOOKINGS BETWEEN YOU AND CLUBS
The Application connects You with clubs that are registered users of the Application (Club).
Clubs provide information to You in relation to Club Services they are prepared to offer via the Application and the terms on which they will be provided, including the relevant cost. This information is provided by them and not Us. You are responsible for reading and understanding the Club’s terms and conditions prior to making a Booking.
If You wish to acquire the offered Club Services You can confirm this to the Club by completing the Application booking process. The Application will confirm whether your requested booking has been accepted by the Club.
Once Your booking has been accepted by the Club You have entered into a contract for the relevant Club Services directly with the Club. The Application allows for You and the Club to communicate about any variations You may wish to make to a Booking.
Generally, if You cancel a Booking, the amount refunded to You is determined by the applicable Club cancellation policy, subject to relevant law. If a Club cancels a Booking, you may be eligible for rebooking or a partial or full refund. Contact the Club as necessary as We play no role in determining the amount to be refunded.
- must ensure that, You are legally authorised to act on behalf of any minor you make a Booking for (“Child”), and you are solely responsible for the supervision of that Child; and
- are responsible and liable for the acts and omissions of Yourself, the Child and anyone else you may have invited to join or provided access to the Club Services. Although non-exhaustive, such responsibilities include:
- using Club facilities in a responsible and reasonable manner;
- paying all reasonable Damage Claim amounts necessary to cover damage that You, the Child, of anyone else You have invited, cause to a Club facility; and
- you must act with integrity, treat others with respect, and always comply with relevant laws.
YOUR ASSUMPTION OF RISK
In using this Application and all associated technologies and services, You acknowledge that many Club Services carry inherent risks and agree that, to the maximum extent permitted by relevant law, you assume the entire risk arising out of your access to and use of the Application.
This assumption of risk by You includes, but is not limited to, the Child’s participation in any Booking, Club lessons, any interactions You or Your Child have with the Club or its representatives and other Users, whether in person or online, and use of any other Club or Application services, including any malware risks associated with downloading copies of videos of the Child.
This means it is Your responsibility to investigate a Club Service to determine whether it is suitable for You and the Child. For example, some Club Services may carry risk of illness, bodily injury, disability, or death, and you freely and willingly assume those risks for You and the Child by choosing to participate in those Club Services.
If you are unsure about your obligations, you should consider seeking legal advice.
- connect Clubs and Booking Users and assist them to communicate with each other;
- are not a party to Your contract with the Club;
- are not responsible for the terms of any contract between You and the Club, any Club Services or resolving any dispute between you and a Club in relation to Your contract with the Club or Club Services;
- do not:
- act as Your or the Club’s agent or broker;
- warrant, represent, authorise or endorse the reliability, accuracy or completeness of any material provided by or published by a Club in the Application or on any website that links from this Application, (including third party display advertisements); or
- provide any warranty in relation to any Booking or Club services advertised or provided on or via the Application including, but not limited to, any representation or warranty that the services are fit for the purpose intended or safe for the purpose intended.
YOUR ACCOUNT REGISTRATION
In order to use the Application, You must first register an Account. When You open an Account, you may create a password, or other secure login method, and may also have to provide credit card details.
You must keep any password you create, or other secure login method, secret, and prevent others from accessing Your email account or mobile phone. You must immediately notify Us of any unauthorised use of Your passwords, or any other breach of security and We will reset Your password and You must take all other actions that We reasonably deem necessary to maintain or enhance the security of Our computing systems, networks and Your access to Services. We are not responsible for any other losses You suffer due to another person accessing your Account, unless the person using your password obtained it due to Our failure to keep it secure. You represent and warrant to Us that you accept all liability for any unauthorised use of any username and password issued to you.
You are responsible for correctly setting up Your Account, and for any information that You (or any person You give access to Your Account) enters into the Application.
You are not permitted to access or Use the Application if You are under the age of 18 and to create an Account for another person, You must have their permission to do so and in creating it represent this to be the case.
Additionally, to protect Your Personal Information, We may restrict access to Your Account until Your identity can be verified, including where You fail to supply the correct verification information for Your Account.
YOUR ACCOUNT OBLIGATIONS
In addition to matters already set out above, in accessing or using the Application, You must ensure that You do not:
- • breach any relevant laws, or encourage or assist the commission of any illegal act;
- infringe any person’s rights, including intellectual property and proprietary rights, rights of confidentiality or contractual rights;
- include any material that contains any virus or harmful code, or program that is designed to impair the performance of the Application or any device accessing the Application;
- impersonate another person;
- negatively impact any other User’s ability to access and use the Application;
- publish or link to malicious content;
- vexatiously or frivolously use the Application;
- make a booking via the Application, and fail to take all reasonable steps to either attend that Booking or provide reasonable notice of any cancellation; or
- engage in conduct that is unlawful, defamatory, obscene, threatening, harassing, abusive, slanderous, hateful or embarrassing to any other person, or which is reasonably likely to damage Our reputation or Our services;
- attempt to undermine the security or integrity of Our computing systems or networks or;
- use, or misuse, the Application in any way which may impair the functionality of the Application or other systems used by or within the Application.
Failure to abide by these obligations may lead to Us taking action to suspend or terminate Your Account. In some circumstances, a breach of these obligations may result in Us (or others) taking legal action against You.
As a condition of these Terms, if You use any of the communication tools available through the Application (such as any chat room or message center function or the ability to download or send videos, images or other forms of electronic recording), You agree only to use such communication tools for lawful and legitimate purposes. Use of the communication tools is provided on the condition that You do not:
- transmit any information or material which is knowingly incorrect, misleading or deceptive;
- transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
- transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
- use the communication tools for any unlawful purpose;
- post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights;
- upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another's computer or damage any of Our infrastructure;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Us;
- download any file posted by another user that You know, or reasonably should know, is unlawful or contrary to these terms and conditions;
- excessively use the communication tools in a manner which may hinder or prevent Us from providing services to any other persons or which may threaten the integrity or use by any person of; or
- authorise, aid, abet encourage or incite any person to do any of the above acts.
This list is non-exhaustive.
When You make any communication on or via the Application, You represent that You are permitted to make such communication. We are under no obligation to ensure that the communications on or via the Application are legitimate or agreed between relevant persons or that they are related only to the use of the Club Services. It is up to You to exercise caution when using the communication tools available on the Application.
However, We do reserve the right to remove any communication at any time at Our discretion. We are under no obligation to save or retain any such information, except to the extent required by applicable law.
Failure to abide by these obligations may lead to Us taking action to suspend or terminate Your Account. In some circumstances, a breach of these obligations may result in Us taking legal action against You.
SUSPENSION OR TERMINATION OF USER ACCOUNT
We, in Our sole discretion, reserve the right to suspend or terminate Your Account and refuse any and all current or future use of the Application for any reason at any time. If We decide to terminate your Account, this will result in the deactivation or deletion of Your Account or Your access to Your Account, and the forfeiture and relinquishment of all content in Your Account. We also reserve the right to refuse service to any
User for any reason at any time, subject to relevant law.
You are solely responsible for properly terminating your Account. You can only terminate your account at any time by following the termination/cancellation process set out in the Application.
While We intend that the Application should be available 24 hours a day, seven days a week, it is possible that on occasions the Application and its services may be unavailable to permit maintenance or other development activity to take place.
We do not warrant that the use of the Application will operate with any particular hardware or software, be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Application, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Application and its services.
We are not in any way responsible for any such interference or prevention of Your access or use of the Application or its services.
In the case of technical problems, You must make all reasonable efforts to investigate and diagnose problems before contacting Us at email@example.com.
ACCURACY AND MODIFICATION OF INFORMATION ON THE APPLICATION
The Application contains information about Us. While this information was believed to be accurate as of the date prepared, We disclaim any duty or obligation to update this information. Information about companies other than Ours contained in the information, should not be relied upon as being provided or endorsed by Us.
We reserve the right in our sole discretion to add, edit or delete any documents, information, functionality, or other content appearing in or on the Application. In the event that Your data requires modification or correction, We will make a reasonable effort to gain approval from You prior to modification.
We are committed to the protection of Your data. We will take all reasonable steps to ensure that the transmission of data occurs according to accepted industry standards, however You accept that the internet is not a fully secure environment and We cannot accept responsibility for misuse or loss of, or unauthorised access to or disclosure of, information where the security of the information is not within our control. If You
provide Us with information via the internet, You do so accepting this risk.
We may limit the amount of data that You can store in the App and will advise You of such limitation. Data that is stored with Us will be stored according to accepted industry standards.
We will also perform backups of the Application in a reasonable manner at such times and intervals as are reasonable for Our business purposes. We do not warrant that We are able to backup or recover specific Booking User or Club content from any period of time, unless so stated in writing by Us.
using and continuing to use this Application You consent to Us:
- sharing such Personal Information provided by You with any person You communicate it to using the communication tools in the Application;
- sending You emails, text messages, push notifications and other alerts on behalf of Us or the Club for purposes such as confirming your Booking, providing Booking reminders, facilitating Booking User surveys and providing You with Your password to access the Application;
- using it for the purpose of amending, reviewing and improving the performance of the Application;
- business planning and development or for any proposed or actual acquisition of our business; and
- or any other person using the Application relying on the above consents without any need to further
verify that consent.
THIRD-PARTY SERVICES AND WEBSITES
We may allow access to, or advertise, third party merchant sites on the Application from which the Users may purchase certain goods or services. We do not operate or control the products or services offered by such merchants. Such merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between You and such merchants. You
acknowledge that the use of such merchants is at Your sole risk and is without warranties of any kind by Us, expressed, implied or otherwise. Under no circumstances are We liable for any damages arising from the transactions between You and such merchants, or for any information appearing on such merchant sites or applications or any other site or applications linked on the Application.
The Application may contain links to other applications or websites. We are not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by Us. Inclusion of any linked website on Our Application does not imply approval or endorsement by Us. You acknowledge that if You decide to leave our Application and
access these third-party sites, You do so at Your own risk.
INTELLECTUAL PROPERTY AND COPYRIGHT
We retain ownership of all intellectual property rights in and to the Application, including messages and content We make available to You.
Nothing in these Terms transfers any intellectual property or proprietary rights in the Application. Except as permitted by these Terms or under the Copyright Act 1968 (Cth), You must not:
- copy, upload, transmit, reproduce, distribute or in any way exploit or commercialise any services,
content, technology or intellectual property rights obtained through Your use of the Application;
- reverse engineer, decompile, modify, translate, use for competitive analysis, create derivative works
from, disassemble, disable or tamper with any part of the software forming part of the Application; or
- rent, lease, lend, resell or sub-licence Your rights to use and access the Application.
You grant Us a royalty-free, sub-licensable, transferable, irrevocable, worldwide and perpetual licence to use, reproduce, adapt and display any contributions You make to the Application in connection with its operation by Us, including without limitation insights, ideas, feature requests, suggestions or other information provided by You with respect to the Application.
LIABILITY AND INDEMNITY
We acknowledge that the Competition and Consumer Act 2010 (Cth) and other legislation implies or imposes statutory consumer guarantees, warranties and conditions into contracts for the supply of goods and services to consumers that can’t be excluded. Nothing in these Terms is intended to exclude or restrict the application of such non-excludable terms to these Terms.
However, to the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our Application. We will not be liable to You for any loss or damage arising under or in connection with:
- use of, or inability to use, our services;
- use of or reliance on any content displayed on our site;
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation;
- any illness, injury or death resulting from use of the Application; or
- any other any direct or indirect, incidental or consequential damages, loss or corruption of data, or any other similar or analogous loss resulting from Your access to, use of, or inability to use the Application or any content, whether based on warranty, contract, tort, negligence, in equity or any other course of action, and whether or not We knew or should have known of the possibility of such loss.
You agree to indemnify Us for any loss, damage or claim (including the loss or corruption of data, goodwill, bargain, opportunity or of anticipated savings) that We may suffer or incur as a result of any breach by You of these Terms.
Additionally, Our liability to you for any loss or damage of any kind arising out of these Terms will be reduced or limited to the extent (if any) that you cause, contribute to, or fail to mitigate the loss or damage incurred.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and inproduct disclosures, these Terms constitute the entire agreement between Us and You pertaining to Your access to or use of the Application and supersede any and all prior oral or written understandings or agreements between Us and You. These Terms do not and are not intended to confer any rights or remedies
upon anyone other than You and Us. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
FORCE MAJEURE EVENT
We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control. Such Force Majeure Events include (but are not limited to): acts of God, war, terrorism, riots, cyberattacks, cyber activism, cyber sabotage, cyber terrorism, elecommunications failure, telecommunications congestion, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, industrial action or shortages of transportation facilities, fuel, energy, labour or materials.
QUERIES AND COMPLAINTS
If you have any queries or complaints regarding a Club Service contact the Club in the first instance. If the issue cannot be resolved of the matter relates to the operation of the Application contact us at firstname.lastname@example.org.
If You have any complaint about the Application contact us
The following have the special meanings listed below when used in these Terms:
‘Account’- Your account registered with Us in relation to the Application.
‘Application’ –means Connect2Coach which comprises:
- two mobile software applications; one for use by You and one for use by the Club; and
- a desktop administration portal used by the Club.
‘Child’ – Any minor on whose behalf You have made a Reservation for a Club Service through the Application.
‘Club Services’ – any class, lesson, or other service provided by a Club which has been listed by the Club on the Application, and can be booked, through the Application.
‘Club – the relevant registered club Account holder of the Application who provides Club Services through and accesses the Application.
‘Personal Information’ - Information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information is recorded in a material form or not.
‘Booking- A booking concluded via the Application booking process for Club Services by You with a Club.
‘Terms’ – These Terms and Conditions of Service.
‘We’, ‘Our’ or ‘Us’ means Connect2Coach Pty Ltd
ABN: 18 657 396 711.
‘You’ or ‘Your’ ‘yourself’– The person seeking registration or who is registered as an Account holder of the Application, or a person accessing or using the Application via such registration as the context dictates