Terms and Conditions - www.netballtrials.com
Fuse Communications (ABN 57 586 922 366) trading as www.netballtrials.com (“www.netballtrials.com” or “we”) operates a platform (“Platform”) where netball clubs and/or teams(“Club”) can advertise and manage trials for a club’s team members (“Trials”). Individuals wishing to attend Trials (“Attendees”) can register to attend a Trial using the Platform.
By accessing and viewing this website, www.netballtrials.com (“Website”), or by using the Platform you agree to comply with these terms and conditions (“Terms”).
Any reference to “you” or the “User” includes any person who accesses, uses or views this Website or the Platform.
1. Nature of Information
a) The information on the Website, including blog posts, is of a general nature only, and should not be taken as professional advice.
b) We make no representation as to the appropriateness, reputation, quality or otherwise of any Club or the availability of any position within any Club
c) Any User seeking to perform any exercise or direct any other person to perform any exercise or physical activity (“Exercise”), including Exercises which may occur at a Trial, must ensure that the exercise is appropriate and safe for the User and/or that person. Users must seek and act on the advice of their trained medical professional before deciding to attempt any Exercise.
2. Use of This Website
a) Whilst we will use our best endeavours to ensure that this Website is free from viruses, we make no such warranty that it is, and it is your responsibility to ensure that this Website does not expose you to any viruses or other code that is harmful or may cause harm.
b) You must only use this Website for lawful purposes, which may include:
- browsing any part of this Website solely in order to iew it; or
- accessing and using the Platform
c) Email addresses, contact forms and any other communication forms that appear on this Website are for relevant communications only (i.e. relating to the Trial) and must not be used to send unsolicited messages.
3. Access to the Platform
a) You must be at least 18 years of age, or obtain your parent/guardian’s consent if you are under 18 years of age, to access and use the Platform.
b) In order for a Club to access and use the Platform, you must first create an account with us (“Account”). By registering an Account, you agree that all information provided by you is true and correct and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
c) Accounts may be registered, confirmed and verified through a third-party email service provider, such as Gmail, Hotmail or Yahoo (“Third-Party Account”). If you confirm your Account via a Third-Party Account, you warrant that you are the true account holder for that Third-Party Account and agree to indemnify and hold us harmless for any loss, damages, costs or liabilities we incur if you use any other person’s Third-Party Account credentials to register an Account.
d) If you have registered an Account on behalf of an entity, you warrant that you have authority to register the Account on behalf of the entity and bind the entity to these Terms.
e) Users are solely responsible for maintaining the confidentiality of their passwords and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account. Therefore, Users must take steps to ensure that unauthorised users do not gain access to your password and Account. Users may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account.
4. Subscription Terms
a) Clubs are required to purchase a subscription (“Subscription”) when creating an Account.
b) When purchasing a Subscription, the fee for that Subscription (“Subscription Fee”) and the Processing Fee per registration will be displayed. The Subscription Fee is payable per annum (“Subscription Period”), is in Australian dollars and includes GST unless otherwise stated.
c) You will be required to pay the Subscription Fee before access to the Platform is granted.Payment is accepted by credit or debit card via an online payment facility.
d) All payments made are non-refundable and non-transferable except as set out in clause 6, or unless otherwise required by law.
5. Trial Registration
a) To register for a Trial ("Registration"), the Attendee will be required to pay:
i. www.netballtrials.com's "Administration Fee"
ii. A "Processing Fee" to the online payment facility; and
iii. If the Club has set a "Trial Fee", the Trial Fee.
b) The applicable fee Fees will be displayed when the Attendee registers to attend a Trial. The applicable fee is payable at the time the Attendee registers to attend the Trial and is in Australian dollars. Unless otherwise stated, the Administration Fee shall include any GST payable to us, and the club may at its discretion apply GST to the Trial Fee.
c) Attendees are not required to purchase a Subscription in order to access the Platform.
d) Clubs may, at their discretion, set a Trial Fee through their Account. Where the Club has set a Trial Fee, this will be in addition to the Administration Fee and Processing Fee, and will be included in the overall payment to be paid by the Attendee.
e) We will pay any Trial Fees owing to the Club, minus any Processing Fee payable to us, into the Club’s nominated bank account once the Trial period has ended. Please allow up to seven (7) days for payment to be processed.
f) Where the Club has set a Trial Fee, Users agree that:
i. www.netballtrials.com does not offer refunds other than in accordance with clause 6;
ii. www.netballtrials.com’s role is limited to facilitating the payment of the Trial Fee between the Attendee and the Club;
iii. Attendees seeking a refund of the Trial Fee must obtain them directly from the Club itself; and
iiii. www.netballtrials.com is under no obligation to provide advice or information in relation to a Trial Fee refund request.
g) Payment of the applicable Fee is accepted by credit or debit card via an online payment facility.
6. Cancellation and Refunds
a) You may cancel your Account or discontinue your use of the Platform at any time, or we may cancel your Account and terminate your access to the Platform immediately if you breach these Terms or do anything which may cause loss or damage to us.
b) If your Account is cancelled, we cannot guarantee that any data or information associated with that Account will still be accessible and we reserve the right to delete this information.
c) You have a number of rights and consumer guarantees under Australian Consumer Law, including that the Platform is fit for purpose, provided with acceptable levels of care and skill, and provided within a reasonable time-period.
d) If during your use of the Platform we do not meet the guarantees above, please contact us immediately and provide us with details and evidence (if possible) of the problem.
e) If the Platform is confirmed to have a major problem and you have already paid the Fee, we will refund all or part of the relevant Fee (as applicable) to your original payment method at your request. The applicable refund amount will be determined by the nature of the problem and the degree to which you may have been partially responsible for the problem.
f) We do not offer refunds where you insisted on having services provided in a particular way against our advice or contrary to the configuration of the Platform, failed to clearly explain your needs to us, simply changed your mind, or were unable to use or access the Platform due to issues outside of our control.
g) Nothing in this clause is intended to exclude any of your statutory rights as a consumer under Australian Consumer Law (if applicable).
7. User Responsibilities
a) Whilst we may adopt techniques to help us verify the identity of other Users (such as email verification), we cannot and do not guarantee any User’s identity, or whether any Club holds applicable permits, licences and qualifications and/or complies with applicable laws in relation to the Trial. It is therefore each User’s responsibility to conduct its own research and due diligence to ensure that any User, whether a Club or Attendee, matches their purported identity, holds all applicable permits, licenses, insurances and qualifications in relation to the Trial and complies with all applicable laws in relation to the Trial.
b) You warrant that all material and information submitted via the Platform (including Trial information) is accurate, not misleading or deceptive, and not likely to mislead or deceive.
c) We make no representations, guarantees or warranties about any User or the accuracy of any statement made by any User. We further make no representations about any Trial, including whether any Exercise which takes place during any Trial is safe and/or appropriate for you,the availability of any position within a Club, whether the Club or any other person holds all applicable permits, licenses, insurances and qualifications to conduct a Trial or operate a Club, or whether the Club or any other person complies with all applicable laws in relation to the Trial or any activity conducted by the Club.
d) We do not endorse any Club nor endorse any product or service offered by any Club. We are not responsible for assisting Users to communicate with or contact any other Users or assisting Users to receive or provide products or services from or to other Users whether in relation to the Trial or not.
e) We are not a party to and may not attend Trials. You understand and agree that you are solely responsible for your use of the Platform and your personal safety when attending any Trial and must obey any local laws or venue policies.
8. Confidentiality
a) In the course of providing our Services we may share and distribute, or enable you to share and distribute, your Personal Information (including Sensitive Personal Information) to other Users.
b) Your information will only be shared to other Users where you have provided your consent to the sharing of your information to that User (for example, by registering to attend a Trial organised by that Club, or by advertising a Trial).
c) Any User who receives the Personal Information of another User must keep that information strictly confidential and must not disclose it to any third party other than with the express consent of the other User or to the extent that such disclosure is strictly necessary for that User to host or attend the Trial (as applicable).
d) By accessing and viewing this Website, or by using the Platform, Users agree that they have read and understand our Privacy Policy.
9. Indemnity
a) If a dispute arises between you and any otherUser/s, including payment disputes between Users,it is your and the other User’s responsibility to resolve the dispute and we are under no obligation to provide advice or information in relation to the dispute.
b) You agree to indemnify and hold us harmless from all liabilities, claims, costs, fees and expenses, including legal costs, that may arise from any dispute between yourself and any other User,from your use or misuse of this Website or the Platform, your negligence or your breach of these Terms.
10. Limitation of Liability
a) Except as otherwise provided at law, we make no additional warranties or representations about the accuracy, completeness or fitness for any purpose of the contents of the Website or the Platform.
b) This Website may contain links to external websites. We do not control the content of those websites or endorse them in any way and accept no liability in relation to the quality or accuracy of any content on other websites or of any breaches of law by those other websites.
c) We are not responsible for any claim, loss, injury, liability, demand, costs, including legal costs, expenses or damage (“Claim”) arising from, related to or in any way connected to your use of the Platform or the performance of any Exercise.
d) To the extent permitted by law, we accept no responsibility and exclude all liability to you on any basis for anyClaim, however caused, which you may suffer in relation to your use of the Website or the Platform.
e) You agree to indemnify and hold Us harmless from all Claims arising from your use or misuse of this Website or the Platform, your negligence or your breach of these Terms.
11. Intellectual Property
a) Unless otherwise indicated, we own or have the rights to use:
- all copyright in this Website, the Platformand its contents;
- all intellectual property, including design rights, in our Platform and the Website; and
- any trade names or trade marks associated with the Website and thePlatform
b) You must not in any way copy, reproduce, publish, communicate, replicate or imitate any part of the Website, including our Platform and these terms and conditions,without our prior written consent.
c) We reserveall rights in relation to all intellectual property.
12. General
a) We may, in our absolute discretion, change these terms and conditions from time to time without notice to you.
b) Parts of this Website may not be updated regularly and may therefore be out of date.
c) If any part of any of these terms and conditions is void, then the part that is void may be severed.
d) These terms and conditions, your use of this Website and the Platform and any dispute arising out of these are governed by the laws of the State of Victoria, Australia.