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.au/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.au/privacy-policy.

10.2        Where NETFIT partners with Netball Australia for the distribution of a certain campaign, 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        Any content you or any Participants upload to the Website or otherwise provide to us (including by uploading to social media) will be considered non-confidential. You and any Participants shall retain all ownership rights in the content but you provide to us, and you must procure that any Participants provide to us, (and our successors, licensees and assigns) a perpetual, royalty-free, non-exclusive licence to use the content for any purpose including, without limitation, storing, copying, reproducing, publishing, future promotional or publicity purposes in any media, marketing our services and making the content available or sub-licensing the content to any third parties, without compensation, restriction on use, attribution or liability.

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:

• 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 in the Virtual Clinics and we are not responsible for any injuries that you and your Participants may suffer as a result of participating in the Virtual Clinics, Physical Clinics, Physical Classes/ Workshops or otherwise using the Services;

• prior to participating in 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, you 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 recreational services and activities. 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 you and your Participants’ participation in any recreational services and activities that we may provide in connection with the Services;

• 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; and

• where we are conducting a Physical Clinic or Physical Classes/ Workshops on behalf of a Supervisor at the premises of a Supervisor or which the Supervisor has arranged or agreed for the Physical Clinic or Physical Classes/ Workshops to be conducted, you agree to be responsible for all injuries which may occur at that location and that you will indemnify us from all costs, Losses, expenses and damages that may occur (including arising from negligence) either to any Participants or to our employees, agents or instructors.

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.