TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

By accessing or using our MY NETFIT Netball training and coaching website at www.netfitnetball.com.au (the “Site”), brought to you by Jeanieboy Pty Ltd ABN 44 154 318 733, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Sites. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or the Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the Sites. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

Membership in the Service is void where prohibited. The Site is intended solely for users who are eligible as nominated by the individual events and products transacted within the Sites and System. When registering as a member, you agree to be personally bound by the Terms of Use, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian. Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website. If you, or a user on whose behalf you register (including a minor), breaches the Terms of Use, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you and other acting in concert with you. Further you acknowledge that MY NETFIT Netball is entitled to suspend or terminate your account.

Use and Copyright

The information contained within the Site (including programming scripts, graphics and logos) are copyright of MY NETFIT Netball, Jeanieboy Pty Ltd and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of the Site and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without prior written approval of MY NETFIT Netball, Jeanieboy Pty Ltd or its related bodies corporate.

TrademarksThe trademarks appearing on the Site are primarily trademarks of MY NETFIT Netball or Jeanieboy Pty Ltd. Other trademarks displayed on the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the express written permission of MY NETFIT Netball, Jeanieboy Pty Ltd, or the relevant affiliate, or third party owner.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Privacy and Personal Information Collection

MY NETFIT Netball and Jeanieboy Pty Ltd will only use any personal information that MY NETFIT Netball and Jeanieboy Pty Ltd may collect about you in accordance with Our privacy policy. By accepting these Terms of Use you also accept and consent to MY NETFIT Netball and Jeanieboy Pty Ltd privacy policy. The MY NETFIT Netball and Jeanieboy Pty Ltd privacy Statement is incorporated into these terms of use and available to view on the “site”. In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age and netball association. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you. In addition to any reasons that we may separately notify you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other partner promotional material to you. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, location for the purposes of displaying your User Content, publicly profiling your fitness on the Website, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Online Purchases, payment and cancellation of subscription

Where you make a purchase through a Site, you are bound by the MY NETFIT Netball and Jeanieboy Pty Ltd terms of sale (waiver, participant agreement, terms of sale, terms of purchase, declaration) in relation to that purchase. Terms are event-specific and are published on the respective Website as well. Prior to placing an Order, you must create an account though the Site. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process. Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. We use a credit card payment gateway or a similar service for most financial transactions. Member subscription fees are to be made by reoccurring credit/debit card payment made in advance in accordance with the product you have chosen. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees

Subscription Fees. The subscription fees and charges will be billed annually to your nominated Payment Method from the commencement day of your first paid subscription and reoccur each year after that. Subscription fees will apply regardless of whether or not you use your subscription and rollover subscriptions will continue yearly on an annual payment of $119AUD until terminated. If the subscription is not cancelled before the yearly renewal date, the following year fees and charges will be charged to your nominated Payment Method. You will continue to have access to the Product for the full following year. All fees are non-refundable except as expressly set out in these terms and conditions. You will be able to terminate your subscription fee instalments prior to the end of the subscribed term by following the cancellation process set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid. Cancellation of a subscription can be done in your account profile in the MY NETFIT Netball website. Click the “Manage your account” button from your profile. This will take you to the “my account” section of the MY NETFIT Netball member. If you need further assistance please email [email protected].au MY NETFIT Netball and Jeanieboy Pty Ltd reserves the right to vary the fees charged for our subscription based Products from time to time by providing you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect. You must notify MY NETFIT Netball of any change to your Payment Method. If you do not notify us of any such change, then MY NETFIT Netball will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by MY NETFIT Netball and Jeanieboy Pty Ltd in collecting any unpaid subscription fees or charges from the Customer. Our goods and services (including, but not limited to, the information services provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund in limited circumstances based on shop and item specific terms and conditions. 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.

CONDITIONS OF USE OF MY NETFIT PRODUCTS

As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

NETFIT Virtual & Physical programs Terms and Conditions of Use

1. Agreement

These terms and conditions (Terms) form a legally binding agreement between you and us. You acknowledge and agree that these terms and conditions apply to your and your Participants access to, and use of, our Services. By ordering, registering for, accessing, and/or using the Services, you acknowledge that you have read and understood, and agree to be bound by, these terms and conditions (Terms) and consent to us collecting, using, disclosing and otherwise processing your or your Participants’ personal information in accordance with these Terms and our privacy policy (see: www.netfitnetball.com/privacy-policy). If you do not accept these Terms, then you and your Participants must refrain from registering for, accessing and using the Services. Capitalised words used in these Terms are defined in clause 20 below.

2. Time and availability

2.1 We will use all reasonable endeavours to provide the Virtual Clinics to you via the Website and any other parts of the NETFIT Platform at the times we determine and advertise on the Website and NETFIT Platform that such Virtual Clinics will be made available.

2.2 Subject to weather conditions and the specified location being fit for purpose and safe for us to conduct a clinic or class and for the Participants to take part, we will use all reasonable endeavours to provide:

(a) the Physical Clinics to you at the times and locations that we determine and advertise on the Website and the NETFIT Platform that such Physical Clinics will be made available; or,

(b) the Physical Classes/ Workshops to you at such times and locations that we agree.

2.3 We make no guarantees as to the availability of the Services at any given time and we reserve the right to amend, postpone or cancel all or any part of Services without notice to you, including due to weather conditions or if we have safety concerns, and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

3. Eligibility and Registration

3.1 The Services are not available to persons under the age of 18 or who do not have legal capacity to enter into and be bound by these Terms (unless they are supervised by their school, sporting club, association, business, parent or legal guardian who ordered and paid for the Services and who agrees to be bound by these Terms).

3.2 By registering for, accessing or using the Services, you represent and warrant to us, as essential terms, that you are at least 18 years of age (or are the school, sporting club, association, business, parent or legal guardian responsible for your Participants or child) and have legal capacity to enter into and be bound by these Terms, you reside in a jurisdiction in which we make the Services available and we have not previously terminated your access to the Services.

3.3 In order to access and use the Services, you must register for a Virtual Clinic or Physical Clinic, or agree with us the location, time and fee for the Physical Classes/ Workshops. To register for a Virtual Clinic or Physical Clinic, you must register your details with us by submitting via the Website all information requested (which may include your and your Participants’ name, date of birth, age, phone number, email address, state and area code) and acknowledging that you and your Participants agree to these Terms. To commence discussions with us regarding the location, time and fee for Physical Classes/ Workshops, you must submit an enquiry to us using the “Contact” tab on our Website or contact us via email and provide all information we request (which may include your and your Participants’ name, date of birth, age, phone number, email address, state and area code).

3.4 You warrant that the information you provide to us, whether upon registration or at any other time, will be true, accurate, current and complete and that you are authorised to provide such information and details of your Participants to us and that you have all necessary consents, including under Privacy laws, from Participants to do so.

3.5 If you fail to provide us with accurate or complete information, or if you refuse or are unable to provide information that we request, then we may be unable to provide the Services to you and/or your Participants or you may be unable to use and access the Services. If any information you provided to us is or becomes inaccurate or incomplete, you must immediately notify us to update the information.

4. Individuals under the age of 18 or who do not have legal capacity

4.1 A person under the age of 18 or who does not have legal capacity to enter into and be bound by these Terms (a Minor) may access and use the Services under the supervision of her or his school, sporting club, association, business, parent or legal guardian (Supervisor), provided her or his Supervisor is registered to access the Services in accordance with these Terms. The Supervisor must specify in the relevant section of their online registration form that they identify as a ‘school’, ‘sporting club’, ‘association’, ‘business’, ‘parent’ or ‘legal guardian’.

4.2 If you are a Supervisor that registers for the Services for the purpose of providing access to the Services to a Participant, you acknowledge and agree that you consent to the Participant accessing and using or participating in the Services and that you will supervise the Participant’s access and use of the Services at all times and will ensure she or he is aware of and complies with these Terms.

5. Creating an account

5.1 In registering for the Services, you may choose to create an account where you will be required to select a username and password. You are responsible for keeping your username and password secure at all times and are responsible for all use and activity that occurs on or in connection with your account. You must not share, give or sell your username or password to any other person.

6. Responsibility for access and payment

6.1 You are responsible for making all arrangements necessary for you and your Participants to access and use the Services, including having appropriate internet access, paying any fees or costs associated with any access to premises, hardware, equipment, software, services and/or carrier fees.

6.2 Unless otherwise agreed in writing by NETFIT, the fee payable by you or your Supervisor, school, sporting club, association or business for the Virtual Clinics or Physical Clinics is as set out on our Website and the fee payable for the Physical Classes/ Workshops is the amount agreed between you and us and confirmed by us sending you an invoice for that amount, plus any applicable GST.

6.3 Unless otherwise agreed in writing by NETFIT, where payment for Services is required by Participants or their Supervisor, school, sporting club, association or business, such payment must be received by NETFIT:

(a) for Virtual Clinics or Physical Clinics, at the time of registering for the Virtual Clinic or Physical Clinic in accordance with clause 3.3; and

(b) for Physical Classes/ Workshops, prior to the earlier of the payment date specified on our invoice or the date for conducting the first class or workshop.

7. Intellectual Property Rights

7.1 You acknowledge and agree that, any Intellectual Property Rights in or to the Material is owned or controlled by us.

7.2 Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable licence to access and use the Materials solely for the purpose of you or your Participant participating in the relevant Services we provide for recreation, fitness, education and/or leisure.

7.3 Other than for the purposes expressly licensed to you under clause 7.2, you must not modify, copy, distribute, transmit, display, perform, reproduce, store, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, image, software, products or services contained within or derived from the Material without our prior written approval.

8. Unlawful or inappropriate use

8.1 You must not access or use the Services for any purpose that is unlawful (including hacking or cyber-bullying) or which we determine to be inappropriate or inconsistent with these Terms.

9. Suspension or termination of use

9.1 We reserve the right to restrict, suspend or terminate your access to and use of the Services or the NETFIT Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

10. Information provided by you

10.1 You consent to our collection, disclosure, use and keeping of personal information you or any Participants provide to us in accordance with the terms of our privacy policy, a copy of which is available at: www.netfitnetball.com/privacy-policy

10.2 Where NETFIT partners with Netball Australia for the distribution of a certain campaign, event, promotion or competition, then any registrants to that service provide consent to Netball Australia, as a co-provider of that service, to their collection, disclosure, use and keeping of personal information you or any Participants provide to us in accordance with the terms of our privacy policy, a copy of which is available at: www.netfitnetball.com.au/privacy-policy.

10.3 Where NETFIT partners with the International Netball Federation for the distribution of a certain campaign, event, promotion or competition, then any registrants to that service provide consent to the International Netball federation, as a co-provider of that service, to their collection, disclosure, use and keeping of personal information you or any Participants provide to us in accordance with the terms of our privacy policy, a copy of which is available at: www.netfitnetball.com.au/privacy-policy.

10.4 You acknowledge and agree that the internet is an inherently insecure medium, that no data transmission over the internet can be guaranteed as being totally secure and that your data (including your personal information) is submitted via the Website or otherwise provided to us at your own risk. To the maximum extent permitted by law, we are not liable to you for any misuse of or unauthorised access to, use of or disclosure of your data, unless such misuse of or unauthorised access to, use of or disclosure of your data is as a direct result of any negligent, reckless or intentional act or omission by us or by our employees or contractors.

11. Promotions and competitions

11.1 For certain campaigns, promotions or competitions, additional terms and conditions may apply. If you or your Participants participate in such a campaign, promotion or competition, you must agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

12. Links on the Website

12.1 We may provide links via the NETFIT Platform to websites controlled by third parties (Linked Websites) and which are subject to their own terms and conditions of access and use and privacy policies. We do not have control over these websites, we do not endorse any information on any of the linked websites nor do we endorse the organisation controlling the website or the products and/or services offered by the organisation via the linked website. Your and your Participants’ access to and use of any of the linked websites is entirely at your own risk and discretion.

13. Access outside jurisdictions where the Virtual Clinics are made available by us

13.1 We make no claims or representations and we give no warranties to you that the Services may be lawfully accessed or used outside the jurisdictions in which we have taken positive steps to make the Services available to for access or use by any party. You acknowledge that access or use of the Services may not be legal by certain persons or in certain jurisdictions. If you access from or use the Services in a jurisdiction located outside Australia, you represent to us that you are bound by these terms and such access to our Services by you is done at your own risk and you are responsible for your compliance with all applicable laws in that jurisdiction.

14. Disclaimers – Medical and personal injury

14.1 You acknowledge and agree that:

15. Disclaimers – General

15.1 The Services are provided to you strictly on an “as is” and “as available” basis. You must take your own precautions to ensure that the process which you employ for accessing the Virtual Clinics does not expose you to the risk of viruses, malicious code or other forms of interference emanating from the NETFIT Platform, which may damage the systems on your device.

15.2 We do not warrant that your access to the Services or NETFIT Platform will be free from interruptions, errors or viruses. For the avoidance of doubt, we are not liable to you, or any other person, and do not accept responsibility for, any Loss suffered as a result of interference with or damage to the systems on your device which arises in connection with your access to the Services or NETFIT Platform.

15.3 To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms by any legislation (Statutory Warranties) is hereby excluded. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to:

(a) if the breach relates to goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the cost of replacing the goods or of acquiring equivalent goods; or the cost of having the goods repaired; and

(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.

15.4 You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.

16. Limitation of liability

17. To the maximum extent permitted by law, we do not accept liability for, and you hereby release us from any claim in relation to, any Loss (including personal injury, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising out of or in any way related to:

17.1 your access to or use of the Services or Materials and participation by you or your Participant in the Virtual Clinics, Physical Clinics or Physical Classes/ Workshops;

17.2 any errors or omissions in the Services or Material including, but not limited to, any technical inaccuracies and typographical errors;

17.3 any errors in or omissions from any Linked Websites;

17.4 any decision or action taken by you in reliance on information in the provided via the Services or in the Material or any Linked Websites.

18. Communications and Notices

18.1 By registering for the Services, you are deemed to consent to the receipt of communications from us through the email address associated with your account. You agree that it is your responsibility to ensure that your email address is a valid email address capable of receiving emails from us. A notice or other communication will be deemed to have been given or served if it is transmitted by electronic mail or other electronic means to your electronic email address. You agree to promptly notify us of any change in your electronic mail address.

19. Governing law

19.1 These Terms are governed by the laws in force in the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of that State in respect of any dispute arising from these Terms.

20. Defined terms

20.1 In these Terms:

(a) the expressions “we”, “us” and “our” are a reference to Jeanieboy Pty Ltd ACN 154 318 733 (or any successor entity) trading as ‘NETFIT Netball’ (NETFIT);

(b) the expressions “you” or “your” are a reference to the individual registering for, accessing or using the Services;

(c) “Academies” means physical and/or virtual netball or other sporting multi- session training programs that are created specifically for schools, sporting clubs or associations or that are open to individuals who are selected to, or want to, join an academy program;

(d) “Intellectual Property Rights” means any current or future, registered or unregistered rights in any copyright, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere in the world;

(e) “Loss” means loss or damage of any kind (including liability to a third party);

(f) “Material” means all material and resources made available either through the NETFIT Platform or otherwise by NETFIT in connection with the Services and includes, without limitation, text, data, audio, sound, recordings, images, graphics, information, specifications, products or other supporting materials;

(g) “NETFIT Platform” means the Website, NETFIT’s social media accounts on Facebook, Instagram, Tik Tok, YouTube, Vimeo and the My NETFIT App;

(h) “Participant” means any child, student or other person on whose behalf a parent, legal guardian, school, sporting club, association, business or other entity that has agreed to acquire the Services;

(i) “Physical Classes/ Workshops” means physical netball, other sporting or fitness training classes or coaching workshops or Academy programs that are created and designed by NETFIT and delivered in person by trainers or coaches and at venues selected by NETFIT in its discretion including at schools, sporting clubs, associations or businesses, depending on the prevailing circumstances, and may include or be replaced in whole or in part by virtual classes and workshops to be held online;

(j) “Physical Clinics” means netball or other sport-related fitness, skills and wellbeing clinics created and designed by NETFIT ordered online via the Website and delivered in person by trainers or coaches and at venues selected by NETFIT in its discretion;

(k) “Services” means the provision of Virtual Clinics, Physical Clinics, Physical Classes/ Workshops provided for recreation, fitness, education and/or leisure;

(l) “Virtual Clinics” means netball or other sport -related fitness, skills and wellbeing clinics created and designed by NETFIT and delivered via the NETFIT Platform at its discretion; and

(m) “Website” means www.netfitnetball.com.au or such other website as we may direct from time to time is provided for access to the Services.

21. Amendments to Terms

21.1 We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification to you through your last notified contact details or notification on our Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by these Terms as amended.

22. Contact us

22.1 You can contact us with any questions regarding these Terms by using the “Contact” tab on our Website.

NETFIT App Terms and Conditions of Use

1. Agreement

These terms and conditions of use (Terms) form a legally binding agreement between you and us and apply to your and/or each of your Participant’s access to, and use of, the Services. By ordering, registering your Membership for, accessing, and/or using the Services, you acknowledge that you have read and understood, and agree to be bound by, these Terms. If you do not accept these Terms, then you and your Participants must refrain from registering for Membership and accessing and using the Services. Capitalised words used in these Terms are defined in clause 20 below.

2. Eligibility and Registration

2.1 Membership is not available to persons under the age of 18 or who do not have legal capacity to enter into and be bound by these Terms (unless they are supervised by their parent or other Supervisor who ordered and paid for Membership and who agrees to be bound by these Terms on their behalf).

2.2 By registering your Membership, you represent and warrant to us, as essential terms, that you are at least 18 years of age (or are the parent or other Supervisor responsible for each of your Participants) and have legal capacity to enter into and be bound by these Terms, you reside in a jurisdiction in which we make the Services available and we have not previously terminated your Membership.

2.3 To register your Membership, you must register your or each of your Participant’s details with us by submitting via the My NETFIT App all information requested (which may include your and each of your Participant’s name, date of birth, age, phone number, email address, state, area code and nominated payment details), acknowledging that you and your Participants agree to these Terms and paying the Subscription Fee.

2.4 You warrant that the information you provide to us, whether upon registration or at any other time, will be true, accurate, current and complete and that you are authorised to provide such information and details of your Participants to us and that you have all necessary consents, including under privacy laws, from Participants and their parent or legal guardian to do so.

2.5 If you fail to provide us with accurate or complete information, or if you refuse or are unable to provide information that we request, then we may be unable to register your Membership and you and/or your Participants will be unable to use and access the Services. If any information you provided to us is or becomes inaccurate or incomplete, you must immediately notify us to update the information.

3. Fees and auto-renewal

3.1 In order to register your Membership, you will be required to pay the advertised Subscription Fee, along with any required taxes, annually in advance (or at such other time agreed by NETFIT).

3.2 The Subscription Fee will be billed automatically to your nominated payment method at the start of each 12-month period (or such other period agreed by NETFIT) unless your Membership is cancelled before the start of the next annual period in accordance with clause 6. The Subscription Fee for each subsequent 12-month period (or such other period agreed by NETFIT) will be the same as your initial charges unless you are otherwise notified in advance.

3.3 We reserve the right to increase the Subscription Fee, any associated taxes, or to institute new fees at any time upon reasonable advance notice to you.

3.4 In the event we are unable to process payment of the Subscription Fee using your nominated payment details, we reserve the right to refuse registration of, or terminate, your Membership (as the case may be).

3.5 The Subscription Fee is non-refundable except as expressly set out in these Terms.

4. Individuals under the age of 18 or who do not have legal capacity

4.1 A person under the age of 18 or who does not have legal capacity to enter into and be bound by these Terms (a Minor) may access and use the Services under the supervision of her or his parent or legal guardian, provided her or his Supervisor has registered for Membership in accordance with these Terms. The Supervisor must specify in the relevant section of their online registration form that they identify as a ‘parent’ or ‘legal guardian’ or ‘teacher/ coach with parental consent’.

4.2 If you are a Supervisor that registers for Membership for the purpose of providing access to the Services to a Participant, you acknowledge and agree that you consent to the Participant accessing and using or participating in the Services and that you will supervise the Participant’s access and use of the Services at all times and will ensure she or he is aware of and complies with these Terms.

5. Creating an account

5.1 In registering your Membership, you may choose to create an account where you will be required to select a username and password. You are responsible for keeping your username and password secure at all times and are responsible for all use and activity that occurs on or in connection with your account. You must not share, give or sell your username or password to any other person.

6. Term of Membership and cancellation

6.1 Unless otherwise agreed by NETFIT, your Membership is for an initial period of 12 months and will auto-renew for subsequent 12-month periods unless you cancel your Membership in accordance with this clause 6.

6.2 You may cancel your Membership at any time by accessing the “Subscriptions”
tab of your online profile available on the Website and following the relevant links or by notifying us of your cancellation by email at [email protected]

6.3 Cancellation of your Membership will operate from the end of the Membership period in which the cancellation was requested and does not entitle you to a refund of any fees paid by you.

7. Responsibility for access and payment

7.1 You are responsible for making all arrangements necessary for you and your Participants to access and use the Services, including having appropriate internet access, paying any fees or costs associated with any access to premises, hardware, equipment, software, services and/or mobile or internet provider carrier fees.

8. Intellectual Property Rights

8.1 You acknowledge and agree that, any Intellectual Property Rights in or to the Material is owned or controlled by us.

8.2 Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable licence to access and use the Materials solely for the purpose of you or your Participant participating in the relevant Services we provide for recreation, health, fitness, education and/or leisure.

8.3 Other than for the purposes expressly licensed to you under clause 8.2, you must not modify, copy, distribute, transmit, display, perform, reproduce, store, publish, license, commercially exploit, create derivative works from, transfer, or sell any content, image, software, products or services contained within or derived from the Material without our prior written approval.

9. Unlawful or inappropriate use

9.1 You must not access or use the Services for any purpose that is unlawful (including hacking or cyber-bullying) or which we determine to be inappropriate or inconsistent with these Terms.

10. Suspension or termination of use

10.1 We reserve the right to restrict, suspend or terminate your Membership at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. Information provided by you

11.1 You consent to us collecting, using, disclosing, keeping and otherwise processing your and each of your Participant’s personal information in accordance with these Terms and our privacy policy, a copy of which is available at: www.netfitnetball.com/privacy-policy.

11.2 Any content you or any Participants upload to the My NETFIT App or otherwise provide to us will be considered non-confidential. You shall retain all ownership rights in the content but you provide to us (and our successors, licensees and assigns) a perpetual, royalty-free, transferrable, non-exclusive licence to use the content for any purpose including, without limitation, storing, copying, reproducing, publishing, marketing our services and making the content available to third parties.

11.3 Where NETFIT partners with the International Netball Federation for the distribution of a certain campaign, event, promotion or competition, then any registrants to that service provide consent to the International Netball federation, as a co-provider of that service, to their collection, disclosure, use and keeping of personal information you or any Participants provide to us in accordance with the terms of our privacy policy, a copy of which is available at: www.netfitnetball.com/privacy-policy.

11.4 You acknowledge and agree that the internet is an inherently insecure medium, that no data transmission over the internet can be guaranteed as being totally secure and that your data (including your personal information) is submitted via the My NETFIT App or otherwise provided to us at your own risk. To the maximum extent permitted by law, we are not liable to you for any misuse of or unauthorised access to, use of or disclosure of your data, unless such misuse of or unauthorised access to, use of or disclosure of your data is as a direct result of any negligent, reckless or intentional act or omission by us or by our employees or contractors.

12. Promotions and competitions

12.1 For certain campaigns, promotions or competitions, additional terms and conditions may apply. If you or your Participants participate in such a campaign, promotion or competition, you must agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

13. Links on the My NETFIT App

13.1 We may provide links via the My NETFIT App to websites or other material controlled by third parties (Linked Websites) and which are subject to their own terms and conditions of access and use and privacy policies. We do not have control over the Linked Websites, we do not endorse any information on any of the Linked Websites nor do we endorse the organisation controlling the Linked Website or the products and/or services offered by the organisation via the Linked Website. Your and your Participants’ access to and use of any of the Linked Websites is entirely at your own risk and discretion.

14. Access outside jurisdictions where the Services are made available by us

14.1 We make no claims or representations and we give no warranties to you that the Services may be lawfully accessed or used outside the jurisdictions in which we have taken positive steps to make the Services available to for access or use by any party. You acknowledge that access or use of the Services may not be legal by certain persons or in certain jurisdictions. If you access from or use the Services in a jurisdiction located outside Australia, you represent to us that you are bound by these Terms and such access to our Services by you is done at your own risk and you are responsible for your compliance with all applicable laws in that jurisdiction.

15. Disclaimers – Medical and personal injury

15.1 You acknowledge and agree that:

the information provided via the Services or in the Material is not, and does not constitute, medical advice;
the Services and Material are not a substitute for independent professional advice and you and your Participants must obtain appropriate medical advice relating to you and your Participants use of the Services;
prior to using the Services you should consult with a medical practitioner or other healthcare professional to ensure the Services are appropriate for you and your Participants, especially if you or any of your Participants are pregnant or have any pre-existing physical or medical conditions;
the Services do not include any supervision or monitoring of your participation and we are not responsible for any injuries that you and your Participants may suffer as a result of using the Services;
prior to participating in the any of the Services, you must assess all the risks involved, including risks that may be caused by your own environment in which you and your Participants are participating, your and your Participants’ own acts or omissions, your and your Participants’ personal medical condition, those of other registered users and risks that are not known to you or are not readily foreseeable at the time of participating in the Services. By participating in recreational services and activities in connection with the Services, you and your Participants are doing so voluntarily including without our supervision and are therefore at your own risk. You assume all risks in connection with your and your Participants’ participation in any recreational services and activities that we may provide in connection with the Services; and
if you and your Participants experience any discomfort, pain, dizziness or other unexpected side effects during or in connection with the use of the Services, you or the relevant Participant must immediately cease using the Services and seek urgent medical advice.

16. Disclaimers – General

16.1 The Services are provided to you strictly on an “as is” and “as available” basis. You must take your own precautions to ensure that the process which you employ for accessing and using the Services does not expose you to the risk of viruses, malicious code or other forms of interference emanating from the My NETFIT App, which may damage the systems on your device.

16.2 We do not warrant that your access to the Services or My NETFIT App will be free from interruptions, errors or viruses. For the avoidance of doubt, we are not liable to you, or any other person, and do not accept responsibility for, any Loss suffered as a result of interference with or damage to the systems on your device which arises in connection with your access to the Services or the My NETFIT App.

16.3 To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms by any legislation (Statutory Warranties) is hereby excluded. Where we are liable under any Statutory Warranties, and any legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such Statutory Warranties, our liability for any breach of such Statutory Warranties shall be limited, at our option, to:

(b) if the breach relates to services: the supplying of the services again or the cost of having the services supplied again.

16.4 You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.

17. Limitation of liability

17.1 To the maximum extent permitted by law, we do not accept liability for, and you hereby release us from any claim in relation to, any Loss (including personal injury, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising out of or in any way related to:

(a) your access to or use of the Services or Materials and participation by you or your Participant;

(b) any errors or omissions in the Services or Material including, but not limited to, any technical inaccuracies and typographical errors;

(d) any decision or action taken by you in reliance on information in the provided via the Services or in the Material or any Linked Websites.

18. Communications and Notices

18.1 By registering your Membership, you are deemed to consent to the receipt of communications from us through the email address associated with your account. You agree that it is your responsibility to ensure that your email address is a valid email address capable of receiving emails from us. A notice or other communication will be deemed to have been given or served if it is transmitted by electronic mail or other electronic means to your electronic email address. You agree to promptly notify us of any change in your electronic mail address.

19. Governing law

20. Amendments to Terms

20.1 We reserve the right to amend these Terms from time to time. Amendments will be effective immediately upon notification to you through your last notified contact details or notification on our Website. Your continued use of the Services following such notification will represent an agreement by you to be bound by these Terms as amended.

21. Defined terms

21.1 In these Terms:

(a) the expressions “we”, “us” and “our” are a reference to Jeanieboy Pty Ltd ACN 154 318 733 (or any successor entity) trading as ‘NETFIT Netball’ (NETFIT);

(b) the expressions “you” or “your” are a reference to the individual registering for, accessing or using the Services;

(c) “Intellectual Property Rights” means any current or future, registered or unregistered rights in any copyright, patents, inventions, discoveries, trade marks, designs or confidential information or any rights of a similar nature under the laws of Australia or anywhere in the world;

(d) “Loss” means loss or damage of any kind (including liability to a third party);

(e) “Material” means all material and resources made available either through the My NETFIT App or otherwise by NETFIT in connection with the Services and includes, without limitation, text, data, audio, sound, recordings, images, graphics, information, specifications, products or other supporting materials;

(f) “Membership” means membership of the My NETFIT App enabling you to access and use the Services;

(g) “Participant” means any child, student or other person on whose behalf a parent or Supervisor has agreed to acquire the Services;

(h) “Services” means the services made available by NETFIT through the My NETFIT App;

(i) “Subscription Fee” means the fee payable by you to access the Services, as set out in clause 3;

(j) “Supervisor” means any school teacher, adult coach from a sporting club or association, parent or legal guardian who agrees to and is authorised by parental or legal guardian consent to agree to these Terms on behalf of one or more Participants; and

(k) “Website” means www.netfitnetball.com.au or such other website as we may direct from time to time is provided for access to the Services.

22. Contact us

22.1 You can contact us with any questions regarding these Terms by using the “Contact” tab on our Website.

Suncorp Team Girls TikTok Challenge

Terms and Conditions

Entry into the Team Girls Tik Tok Challenge (Competition) is considered acceptance of these terms and conditions of entry by you and where you are under the age of 18, your parent or legal guardian who accepts these terms on your behalf. We welcome participants of all genders entering this Competition.
The promoter is Jeanieboy Pty Ltd ABN 44 154 318 733 trading as NETFIT NETBALL of 247 Richardson Street, Middle Park, Victoria, 3206 (NETFIT) and the sponsor of the Competition is Suncorp Group Ltd ABN 66 145 290 124 of Brisbane Square, 266 George St, Brisbane, Queensland, 4000, suncorp.com.au (Suncorp).
The Competition will be run over two weeks in the first half of the 4 week Team Girls Tik Tok Challenge (Competition Period). Week one commences at 8:00am AEST on 6 May 2020 and ends at 5:00pm AEST on 10 May 2020 (Week 1) and finalists and a winner for Week 1 will be announced within 5 business days of the end of Week 1. Week two commences at 8:00am AEST on 11 May 2020 and ends at 5:00pm AEST on 17 May 2020 (Week 2) and finalists and a winner for Week 2 will be announced within 5 business days of the end of Week 2.
The Competition is a game of skill. Chance plays no part in the determination by NETFIT of the winning entries. Each entry will be judged by NETFIT or its agent according to its merits and the winning entry will be chosen on the basis of being the most creative submission (see clause 8 on submission details).
Entry is open only to Australian residents of any gender, aged 13 and over:
1. who have registered for the NETFIT Virtual Netball Clinics at https://netfitnetball.com/netfit-clinic/ (and if under 18, whose parent/guardian has registered on their behalf); and
2. whose immediate family are not NETFIT’s employees, officers or contractors,

(you or Eligible Entrant).

Eligible Entrants who are under the age of 18 must have parental/guardian approval to enter the Competition and the parent/guardian of the Eligible Entrant must read and consent to these terms and conditions on behalf of any Eligible Entrant who wins or is a finalist in the Competition. Your Parent/guardian who enrolled you in the NETFIT Virtual Netball Clinics must consent to the terms of this Competition as a pre-condition to you being eligible to receive a prize.
Entries are free and multiple entries are permitted. An entry made in Week 1 will remain eligible to be considered for Week 2 if it is unsuccessful in Week 1.
To enter Eligible Entrants must, during the Competition Period:
1. view the dance routine created and uploaded by NETFIT to NETFIT’s TikTok account at @netfitnetball immediately prior to the commencement of the Competition Period (NETFIT Video); and
2. record and share their own rendition of the NETFIT Video on the Eligible Entrant’s public TikTok account using the hashtags #TeamGirlsChallenge, #Suncorp and #NETFIT (Creative Entry).
An Eligible Entrant who does not have a public TikTok account may have a parent/guardian enter of their behalf using the parent/guardian’s public TikTok account, however the Creative Entry must be created by the Eligible Entrant and submitted using the above hashtags.
The Eligible Entrant may include up to one other person aged 13 or over in the Creative Entry (Buddy). It is the responsibility of the Eligible Entrant to ensure that their Buddy has consented to being included, and if the Buddy is below the age of 18, has the consent of their parent/guardian. The Buddy’s parent/guardian may also be required by NETFIT to confirm that they agree to the terms and conditions of this Competition as a pre-condition to their entry being eligible to receive a prize to show evidence of consent to the Buddy featuring in the Creative Entry.
Your Creative Entry may be used for promotional purposes by NETFIT and/or Suncorp. By entering the Competition you and/or your parent/guardian (if under 18) agree to have your Creative Entry published on NETFIT’s website, TikTok, Instagram and Facebook pages, being played during the NETFIT Virtual Netball Clinics and shared with media, the wider public, in emails, print notices and advertisements or other promotional materials as decided by NETFIT and/or Suncorp.
Each Eligible Entrant who has entered the Competition (and their parent/guardian if the Eligible Entrant is under 18) warrants that the Creative Entry submitted is the original work of the Eligible Entrant and that it does not infringe any third party intellectual property rights.
All intellectual property rights in the NETFIT Video vest in and will be owned by NETFIT (Background IP).
NETFIT grants each Eligible Entrant a non-exclusive and royalty-free license to use, reproduce, modify and adapt the Background IP solely for the purposes of the Competition.
Any intellectual property rights in the Creative Entry, excluding the Background IP but including all enhancements, improvements, developments and modifications to or of the Background IP, will vest in and be owned by the Eligible Entrant (IP Rights).
As a condition of entering the Competition, each Eligible Entrant (and where relevant their Buddy) licenses and grants to NETFIT, its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display their Creative Entry for any purpose, including but not limited to future promotional, marketing or publicity purposes, in any media, without compensation, restriction on use, attribution or liability.
Eligible Entrants must not submit a Creative Entry:
1. that displays any unsavoury content, which includes, but is not limited to, violent, obscene, indecent, sexist, racist, illegal or defamatory recordings, images or words;
2. that contains viruses or causes injury or harm to any person or entity;
3. that attempts to advertise or promote goods or services, websites, competitions or for any other commercial purpose.
If NETFIT determines, in its absolute discretion, that a Creative Entry displays any of the content described in clause 17, it will not be accepted as a valid Creative Entry.
NETFIT reserves the right at any time to disqualify entries which it reasonably suspects have been submitted using false, incorrect or misleading information, including but not limited to the personal details of the Eligible Entrant or failing to obtain parental/ guardian consent.
If for any reason the conduct or operation of the Competition is disrupted in any way by a cause outside the reasonable control of NETFIT (including any action taken by a government regulatory authority, power failures, network failures, computer viruses or other technical failures) NETFIT reserves the right to modify, cancel or suspend all or part of the Competition.
The winning entries of the Competition (Winner) will be chosen within 5 business days of the end of the relevant two weeks during the Competition Period (Announcement Date) at the offices of NETFIT or another place designated by NETFIT. There will only be one Winner for each week chosen and NETFIT’s decision on the selection of each Winner is final.
Each Winner will be awarded a 30-minute virtual meet and greet with a Suncorp Team Girl Ambassador on a date and virtual platform to be advised to the Winner by NETFIT valued at approximately $3,000 (Prize).
The Prize is not redeemable for cash. If NETFIT is unable to supply the specified Prize for any reason, NETFIT reserves the right to supply another prize of greater or equal value.
Each Winner will be notified on the Announcement Date by NETFIT sending a direct message to the Winner’s TikTok account or the TikTok account of the Winner’s parent/guardian (as the case may be), or by leaving a comment on the Winner’s Creative Entry following the end of the Competition Period. Each Winner must claim the Prize by replying and if they are under 18 years of age having a parent/guardian reply (and confirm acceptance of these terms and conditions on their child’s behalf) to the direct message or comment within 3 business days of receiving the direct message or comment. If the Winner does not respond within this period then NETFIT may select another Winner. The new Winner (if any) will be notified in the same way as described in these terms and conditions.
NETFIT reserves the right to request a Winner to provide proof of age, identity and Australian residency status in order to claim the Prize. Acceptance of proof of age, identification and Australian residency status considered suitable for verification is at the discretion of NETFIT. In the event that a Winner cannot provide adequate proof, the Winner may forfeit the Prize and another Winner may be chosen.
NETFIT will take no responsibility if a Winner’s contact details are incorrect or incomplete or if a Winner cannot be contacted.
By entering into this Competition, each Eligible Entrant understands that NETFIT’s Privacy Policy applies to them and is available at https://netfitnetball.com/privacy-policy/. NETFIT may use and disclose personal information provided by the Eligible Entrant in accordance with the terms of its Privacy Policy.
NETFIT accepts no responsibility for any loss, damage, or injury incurred by any person in entering or participating in the Comp
Except for any liability that cannot be excluded by law, NETFIT (including its officers, employees and agents) excludes all liability (including negligence), for any personal or permanent injury or loss of life, or any loss or damage (including loss of opportunity), whether direct, indirect, special or consequential, arising in any way out of the Competition.
Eligible Entrants acknowledge this Competition is in no way associated with or endorsed by TikTok or any third party other than the Competition’s sponsor, Suncorp.
These terms and conditions are subject to the applicable terms of TikTok found at https://www.tiktok.com/en/terms-of-use.
These terms and conditions are governed by the laws of the State of Victoria. Each Eligible Entrant that has entered the Competition, and the parent/guardian of that Eligible Entrant, submits to the jurisdiction of the courts of Victoria.