Soccer Fusion Use of Terms And Conditions

1. ABOUT THESE TERMS AND CONDITIONS

(a) These Terms and Conditions (“Terms”) govern your use of Soccer Fusion products and services. Our products and services include our website (located at www.soccerfusion.com) and our Facebook page (located at www.facebook.com/soccerfusionau)

(b) In these Terms, a reference to “we”, “us”, and “our” means Soccer Fusion Pty Ltd. A reference to “you” or “your” in these Terms is a reference to any person accessing our products and services.

(c) These Terms set out the duties, rights, roles, and responsibilities of you and Soccer Fusion.

(d) These Terms form a binding contractual agreement between you and Soccer Fusion.

(e) By accessing our products and services, or both, you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms, and you agree to comply with and be bound by them. If you do not agree to the Terms, please do not use our products and services.

(f) We reserve the right to modify these Terms at any time. Such modification shall be effective immediately upon uploading the modified Terms to our website. Your continued use of our products and services shall be deemed to be your conclusive acceptance of the modified Terms.

2. CONTACT INFORMATION

This is the legal contact information for Soccer Fusion:

Name: Soccer Fusion Pty Ltd

ABN: 20615219166 | ACN: 615 219 166

Address: 2/55 Shafston Avenue, Kangaroo Point QLD 4169

Email: info@soccerfusion.com

Website: www.soccerfusion.com

3. TERMS OF USE OF THE SITE

These terms explain your rights and responsibilities when using the Soccer Fusion website and Facebook page. Terms apply to your use of Soccer Fusion products and services, including the Site. By continuing to use Soccer Fusion products and services, including the Site, you are deemed to accept these Terms.

3.1 What you may do with the Site content

Use of our Site is for your general information and personal use, and it is not transferable.

3.2 Site content and services

These points acknowledge what you may reasonably expect from the Site.

You acknowledge and agree that:

(a) The Site may be unavailable from time to time.

(b) We reserve the right to alter, amend, or cease the operation of the Site at any time at our sole discretion without notice.

(c) Soccer Fusion accepts no responsibility for the accuracy of the information contained in advertisements that are placed on our Site.

(d) Soccer Fusion undertakes to ensure the accuracy of information pertaining to our goods and services contained on the Site and to update information in a timely manner.

The Site User acknowledges and agrees that although Soccer Fusion will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. Soccer Fusion shall not be liable to any person or entity for loss or damage incurred by such downtimes.

All content and services provided on or through this site are provided “as is” and “as available” for the Site User’s use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The Site User’s use of this site is solely at the Site User’s risk.

3.3 User conduct

These points explain how you must act when using the Site.

You represent and warrant to us that you:

(a) Will be solely responsible for all of your activities on our Site;

(b) Have the legal capacity to enter these Terms;

(c) Will not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way;

(d) Will not use the Site to misrepresent your identity or affiliation with any person or organisation;

(e) Will not use the Site to conduct, display, or forward details of any survey, contest, pyramid scheme, or chain letter; Or use any part of our Site to send commercial messages in contradiction of the Spam Act 2003 (Cth)

(f) Will not attempt to modify, adapt, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, any associated website, or any other website.

(g) Will not hide, deface, alter, or delete any copyright symbol, trademark, or other proprietary rights notice;

(h) Will not attempt to bypass the network firewall;

(i) Will not use any part of the Site which you are not authorised to use or devise ways to circumvent security in order to access part of the Site which you are not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and evaluate security, or both, whether or not the intrusion results in access.

(j) Will not use or attempt to use the Site for any unlawful, criminal, or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, injection of computer viruses, and intentional invasion of privacy.

3.4 Third party websites and third party content

Our Site contains links to third party websites. We are not responsible for the operation, security levels, content, accuracy, or any other aspect of any third party website. Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation. Soccer Fusion reserves the right to remove any links to third party sites that, in its sole discretion, finds to be in violation of the provision here of or deemed otherwise objectionable.

3.5 Termination or suspension of use

(a) These Terms terminate automatically if, for any reason, we cease to operate the Site.

3.6 Applicable law

These points explain to you that the applicable law is that of the State of Queensland, Australia.

(a) This Agreement, your use of this Site, and any dispute arising out of your use of this Site is governed by the laws of the State of Queensland, Australia, and each party submits to the jurisdiction of the courts of the State of Queensland, Australia unless the matter relates to any Commonwealth legislation in the various States and Territories.

(b) Any complaint made about Soccer Fusion by either a member of the public, or an employee, must be referred in the first instance to Soccer Fusion. Such a complaint should be specific and in writing. Upon receipt of a complaint, Soccer Fusion will use its best endeavours to respond to the complaint and resolve any matters arising from it within 14 days. If, following a response from Soccer Fusion, the complaint is not resolved to your satisfaction; it may be referred for consideration by the appropriate State regulatory body.

3.7 Copyright and intellectual property

These points explain to you how we protect and assert our intellectual property rights.

(a) The Site contains intellectual property including, without limitation, trademarks, confidential information, and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those.

(a) Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Site.

(b) Copyright in the text, images, software, logos, icons, sound recordings, HTML code, content, and other copyright material in this Site is owned or licensed by us for use on this Site.

(c) Reproduction of any material found on this Site is prohibited other than for your own personal non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark, or other proprietary notice is removed from the material in question. No other use of material on the Site is permitted other than with the express written permission of the copyright holder.

(d) Unauthorised use of the Site may give rise to a claim for damages and be a criminal offence, or both.

3.8 Limited liability

These points explain to you that our liability for the information provided is limited to the fullest extent permissible.

(a) To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) relating to the content of our Site other than those expressly set out in these Terms.

(b) Where liability cannot be excluded any liability incurred by us in relation to the use of our Site or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).

(c) Neither we, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information found on the Site and services offered on the Site for any particular purpose.

(d) You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

(e) To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business, or any consequential or incidental damages.

(f) We are not responsible to you or anyone else for any loss suffered as a result of damage to your or another person’s computer system or the transmission of any computer virus.

(g) In no event shall 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 it has been previously advised of the possibility of such damage.

(h) You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against us for lost data, re-run time, inaccurate instructions, work delays, or lost profits resulting from the use of the Site and Services.

(i) Without limiting the foregoing, in no event will Soccer Fusion’s aggregate liability to you exceed, in total, the amounts paid by you to Soccer Fusion.

(j) You indemnify and agree to keep us indemnified against any loss or damage or cost incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of, or conduct on, our Site and Services.

(k) These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction, or modification of any implied warranties, conditions, guarantees, or obligations. If such legislation applies, to the greatest extent possible, we limit our liability in respect of any claim to, at our option:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

4. SECURITY

These points explain to you that we make every effort to keep your information secure, but at the end of the day use is at your own risk.

4.1   Security policy

(a) Soccer Fusion is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial systems, procedures, and processes to safeguard and secure the information we collect online.

(b) We endeavour to ensure that your personal information is secure, but we will not be held responsible for any breaches of security including unauthorised access to your personal information. Your use and access of our Site is entirely at your own risk.

5. USE OF GOODS AND SERVICES

This section explains the terms and conditions relating to the use of Soccer Fusion goods and services:

5.1 PRODUCTS AND SERVICES PROVIDED

Soccer Fusion provides the following services (this list is not exhaustive):

(I) Clinics

(II) Academy

(III) International Program

(IV) Events

5.2 PAYMENT TERMS

5.2.1 Soccer Fusion Academy registration and fees:

(a) Fees are paid per term.

(b) If you register after the start of the term there is a $15 discount per session missed. Full payment for those remaining sessions is due within 7 days of the date of the registration.

(c) Subject to availability, registration and payment secures your child’s place at each of the sessions at your selected venue, date, and time for that term.

(d) Once you are registered and paid you will automatically secure your place for that term at your selected venue, date, and time.

(e) Coaches will not accept cash payments at sessions.

(f) Payment is due within 7 days of the date of the registration.

(g) The kit included in the price (shirt, shorts and socks) will be given only when payment is done.

(h) If payment is not received by Soccer Fusion within 7 days of the date of the registration, Soccer Fusion reserves the right to exclude the registered participant from sessions until payment is received.

(i) If you wish to cancel your registration please inform Soccer Fusion.

(j) If you have cancelled your registration and wish to register again at a later date, you must complete the registration process again. Your previous venue, date, and time will not be held once you have cancelled your registration.

(k) If you wish to cancel your registration, please inform us directly by email or phone.  

(l) Registration cancelled – unused sessions: If you terminate your registration before a paid term block is completed, you are not entitled to a refund for unused sessions.

(m) If you wish to cancel your booking, the following cancellation policies apply:

>10 days’ notice before Academy starts = full refund

<10 days’ notice before Academy starts, but >1 day’ notice = 50% Refund

<1 day’ notice before Academy starts = no refund.

(n) Families with more than two children will be given a 50% discount for each and every child registered after the second registration. (Fees: First child: 100% – Second child: 100% – Third child: 50% – Forth child: 50%…)

(o) Soccer Fusion Kit will not be given until payment is done. 

5.2.2 Holiday Clinics registration and fees:

(a) Fees are paid per the whole weekly camp.

(b) If you register after the start of the clinic there is a $35 discount per day missed. Full payment for those remaining sessions is due within 7 days of the date of the registration.

(c) Subject to availability, registration and payment secures your child’s place at each of the sessions at your selected venue, date, and time for that term.

(d) Once you are registered and paid you will automatically secure your place for that term, at your selected venue, date, and time.

(e) Coaches will not accept cash payments at sessions.

(f) Payment is due within 7 days of the date of the registration.

(g) If payment is not received by Soccer Fusion within 7 days of the date of the registration, Soccer Fusion reserves the right to exclude the registered participant from sessions until payment is received.

(h) If you wish to cancel your registration please inform Soccer Fusion.

(i) If you wish to cancel your registration, please inform us directly by email or phone.

(j) Registration cancelled – unused sessions: If you terminate your registration before a paid term block is completed, you are not entitled to a refund for unused sessions.

(k) If you wish to cancel your booking, the following cancellation policies apply:

>10 days’ notice before Clinic starts = full refund

<10 days’ notice before Clinic starts, but >1 day’ notice = 50% Refund

<1 day’ notice before Clinic starts = no refund.

(m) Families with more than two children will be given a 50% discount for each and every child registered after the second registration. (Fees: First child: 100% – Second child: 100% – Third child: 50% – Forth child: 50%…)

(n) Soccer Fusion Kit will not be given until payment is done.

5.2.3 Events registrations and fees:

(a) Fees are paid per the whole event.

(c) Subject to availability, registration and payment secures your place at the event.

(f) Payment is due within 7 days of the date of the registration.

(g) If payment is not received by Soccer Fusion within 7 days of the date of the registration, Soccer Fusion reserves the right to exclude the registered participant from the event until payment is received.

(h) If you wish to cancel your registration please inform Soccer Fusion.

(i) If you wish to cancel your registration, please inform us directly by email or phone.

(J) If you wish to cancel your booking, the following cancellation policies apply:

>10 days’ notice before event starts = full refund

<10 days’ notice before event starts, but >1 day’ notice = 50% Refund

<1 day’ notice before event starts = no refund.

5.2.4 IPA (Independent Professional Analysis):

(a) Fees are paid for the whole assessment.

(b) Subject to availability, registration and payment secures your child’s place.

(c) Once you are registered and paid you will automatically secure your place for that assessment.

(d) You must enrol to either Clinic or Academy programs to be assessed.

(e) Payment is due within 7 days of the date of the registration.

(f) If payment is not received by Soccer Fusion within 7 days of the date of the registration, Soccer Fusion reserves the right to exclude the registered participant from the assessment day until payment is received.

(g) If you wish to cancel your registration please inform Soccer Fusion.

(h) If you wish to cancel your registration, please inform us directly by email or phone.

(i) if IPA day is cancelled due to bad weather conditions or any other external circumstances, Soccer Fusion is commited to offer two different days to successfully carry out the assessment. If you cannot assist to any of those days offered there will be no refund available.

(j) If you wish to cancel your booking, the following cancellation policies apply:

>10 days’ notice before Academy or Clinic start = full refund

<10 days’ notice before Academy or Clinic start, but >1 day’ notice = 50% Refund

<1 day’ notice before Academy or Clinic start = no refund.

5.3 ACKNOWLEDGEMENT OF HAZARDS:

YOU hereby acknowledge, agree and represent to us that:

Playing or practising Football is a potentially hazardous activity;

The Participant is voluntarily entering and assuming all risks associated with participating in those activities, including but not limited to falls, contacts with other participants, the affects of weather including heat and or humidity, and the conditions of the training grounds and facilities, all risks being understood and appreciated by YOU. Having read this waiver, and knowing these facts, and in consideration of Soccer Fusion acceptance of this application, YOU hereby waive and release Soccer Fusion and its officers, directors, agents, contractors, employees, instructors, trainers, volunteers, members, representatives and all affiliated and related companies from all claims and liabilities of any kind arising out of the Participant’s involvement in Football playing, practising, or training, while registered as a participant and participating in any and all Soccer Fusion activities, events, practice sessions or social activities at any location (notwithstanding the location where the Participant originally registered) (all hereafter collectively referred to as “Fields that Soccer Fusion will carry out its activities”), including injury, loss or damage which might be caused by Soccer Fusion´s negligence;

YOU are aware of the possible risks, dangers and hazards associated with participation in Soccer Fusion Activities (entertainment activities included), including all manner of injuries resulting in muscular injuries and soft tissue injuries including bruises, scrapes, cuts, etc., from executing strenuous and demanding physical techniques, collisions with the wall, floor, ground contact with other participants or equipment used by other participants (including ropes, weights and pads) and failure in proper use of the equipment or techniques either by the participant or other participants; and the possible risk of severe or fatal injury to the Participant or others;

The Participant’s risk of injury increases as the Participant becomes fatigued;

Such risks may be caused by the Participant’s own actions or inactions, the action or inactions of others participating in the Soccer Fusion Activities, the condition in which the Soccer Fusion Activities take place, or Soccer Fusion’s negligence; and

There may be other risks and social and economic losses either not known to YOU or not reasonably foreseeable at this time.

6  NON-DELIVERY OF GOODS OR SERVICES

6.1 CANCELLED OR MISSED SESSIONS: HOLIDAY CLINICS

(a)     Weather – If a Soccer Fusion coaching session during holiday camps is cancelled due to poor weather conditions, coaches will run some exercises and drills indoors instead and no credits or refunds are available.

(b)     Missed sessions – If you miss a session for any reason, no credits or refunds are available.

6.2 CANCELLED OR MISSED SESSIONS: ACADEMY

(a)     Weather – If a Soccer Fusion coaching session during development programs is cancelled due to poor weather conditions then the session will be deemed as operational and no credit will be issued to any player.

(b)    If more than one day of the Academy does not take place due to inclement weather then Soccer Fusion will reschedule the session missed within next weeks. No credits or refunds are available.

(c)     Missed sessions – If you miss a session for any reason, no credits or refunds are available.

6.3 CANCELLED OR MISSED SESSIONS: EVENTS

(a)     Weather – The decision to cancel an event due to poor weather conditions will be made no later than 1 day before the event and we will let you know either by message or call.

(b)     Weather – If a Soccer Fusion event is cancelled due to poor weather conditions you will be given a 100% refund of the fee.

(c)     Missed event – If you miss an event for any reason, no credits or refunds are available.

7. HEALTH AND SAFETY

(a) Soccer Fusion and all Soccer Fusion coaches care for the health and safety of all participants and parents who attend sessions, and we follow a comprehensive first-aid procedure in the event of an injury or illness.

(b) Soccer Fusion coaches are encouraged to have a current certification in CPR and first aid. All coaches carry a first-aid kit.

(c) By registering and booking with Soccer Fusion, you acknowledge that Soccer Fusion takes no responsibility for personal loss or injury sustained during Soccer Fusion sessions.

(d) All children remain the responsibility of parents or guardians during sessions. In so doing, you warrant that the child in your care:

(I) Will wear appropriate clothing and footwear.

(II) Will adhere to sun smart guidelines, including wearing sunscreen and a sun smart hat.

(III) Will bring and consume water sufficient for rehydration.

(IV) Will not attend if they are unwell. This includes communicable, contagious, or notifiable illnesses.

(V) Is not left unattended by you at any Soccer Fusion session, service, or event at any time, unless a permission slip has been (1) completed and signed by the participant’s caregiver, and (2) approved by and given to the Soccer Fusion coach.

(VI) Soccer Fusion reserves the right to exclude a participant for any reason or any time period it deems fit under these terms, including behaviour considered by Soccer Fusion to be illegal, disruptive, unruly, or dangerous.

8. PHOTOGRAPHS AND VIDEOS OF COACHING SESSIONS

(a) By registering and booking with Soccer Fusion, you acknowledge that Soccer Fusion may take pictures during Soccer Fusion sessions. From time to time Soccer Fusion may take photos or videos of coaching sessions to support the ongoing development of coaching delivery. This material may also be used in the marketing and advertising of Soccer Fusion services.

(b) If you wish for your child not to be photographed, videoed, or their image to be used in marketing, please inform Soccer Fusion when registering.

 9. PRIZE TERMS AND CONDITIONS

Acceptance of Terms and Conditions: Acceptance of the prize means that you accept these Terms and conditions. If you do not accept these Terms and Conditions, you forfeit the prize.

10. INQUIRIES AND COMPLAINTS

(a) Soccer Fusion undertakes to respond to inquiries within one to four business days.

(b) Soccer Fusion undertakes to respond to complaints within one to four business days.

(c) As a first point of contact, complaints are dealt with by one of the Soccer Fusion administration staff. If a satisfactory resolution is not reached, the complaint will be escalated to the Office Manager.

11. PRIVACY

(a) Soccer Fusion has a comprehensive Privacy policy, available at this link (http://soccerfusion.com/soccer-fusion-privacy-policy).

(b) In summary, Soccer Fusion warrants to you that we take your privacy seriously. We do not sell, trade, or otherwise transfer to outside or third parties your personally identifiable information.

(c) Soccer Fusion delivers its goods and services using a combination of onsite and virtual administration staff and contractors.

12. NOTICE

(a) By using the Site, the Site User accepts that communication with us will be mainly electronic. We will contact the Site User by email or provide the Site User with information by posting notices on the Site.

(b) The Site User acknowledges that all contracts, notices, information, and other communication we may provide electronically complies with any legal requirements that such documents are in writing.

13. NO WAIVER

(a) If Soccer Fusion fails, at any time, to insist upon strict performance of the Site User’s obligations under these Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Terms, this will not constitute a waiver of such rights or remedies, and it will not relieve the Site User from compliance with the Site User’s obligations.

(b) If we waive a default, it does not constitute a waiver of any subsequent defaults.

(c) No waiver is effective unless it is expressly stated by Soccer Fusion to be a waiver and is communicated to the Site User in writing as per clause 12.

14. FORCE MAJEURE

Soccer Fusion shall be under no liability to the Site User in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond Soccer Fusion´s control, including but not limited to:

(a) Acts of God;

(b) Natural disasters;

(c) Sabotage;

(d) Accident;

(e) Riot;

(f) Shortage of supplies, equipment, and materials;

(g) Strikes and lockouts;

(h) Civil unrest;

(i) Computer hacking; or

(j) Malicious damage.

15. SEVERABILITY

If any court decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.

16. ENTIRE AGREEMENT

(a) These terms, and the documents expressly referred to in them, constitute the entire agreement between the Site User and Soccer Fusion, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding, or agreement between Soccer Fusion relating to the Services.

(b) The Site User and Soccer Fusion each acknowledge that, in entering into these Terms, neither Soccer Fusion nor the Site User relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.

17. CHANGES TO TERMS

(a) Soccer Fusion reserves the right, in Soccer Fusion´s discretion, to correct any errors or omissions in any part of the Site and Services. Soccer Fusion may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.

(b) Any material on the Site and Services may be out of date at any given time and Soccer Fusion is under no obligation to update such material.

(c) Soccer Fusion reserves the right, in Soccer Fusion´s sole discretion, to change, modify, add, or remove any part of these Terms, in whole or in part, at any time. Notification of the changes to these Terms will be posted on the Site and will be effective immediately, unless expressed otherwise.

(d) It is the Site User’s sole responsibility to periodically check these Terms for any changes. If the Site User does not agree with any of the changes to these Terms, it is the Site User’s sole responsibility to unsubscribe from the Site and Services. The Site User’s continued use of the Site and Services will be deemed as the Site User’s acceptance thereof.

(e) Soccer Fusion may assign or sublicense any of Soccer Fusion´s rights or obligations under these terms and conditions at any time, without obtaining the Site User’s consent.

I accept this agreement: by clicking on the “I have read and I accept the terms and conditions” button back on the sign-up registration form.