Terms And Conditions
1. About the Website
1.1. Welcome to www.sydneylions.com.au (the 'Website'). The Website Provides access to soccer/football coaching for children between the ages of 18 months to 16 years (the 'Services').
1.2. The Website is operated by Sydney Lions Soccer Academy PTY LTD (ACN 642970983). Access to and use of the Website, or any of its associated Products or Services, is provided by Sydney Lions Soccer Academy. Please read these terms and conditions (the 'Terms') carefully. By subscribing to or purchasing any Sydney Lions Soccer Academy Services, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services, immediately.
1.3. Sydney Lions Soccer Academy reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining enrolled with Sydney Lions Soccer Academy. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Sydney Lions Soccer Academy in the user interface.
3. Subscription to use the Services
3.1 In order to access the Services, you must first purchase a subscription through the Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the 'Subscription Fee') where necessary.
3.2. In purchasing a Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3 In purchasing a subscription, you authorise Sydney Lions Soccer Academy to take automatic monthly recurring payments that will be taken from the card from which you made your last payment, until cancelled (see 6.2 for cancellation policy).
3.4 Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
3.5 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself and your child (such as identification or contact details), including:
(a) Email address
(b) Preferred username
(c) Mailing address
(d) Telephone number
(f) Name & date of birth of your child
3.6 You warrant that any information you give to Sydney Lions Soccer Academy in the course of completing the registration process will always be accurate, correct and up to date.
3.7 Once you have completed the registration process, you will be a registered member ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the 'Subscription Period').
3.8 You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Sydney Lions Soccer Academy; or
(b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1 As a Member, you agree to comply with the following:
(a) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Sydney Lions Soccer Academy of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(d) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Sydney Lions Soccer Academy providing the Services;
(e) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Sydney Lions Soccer Academy;
(f) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Sydney Lions Soccer Academy for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5.1 Where the option is given to you, you may make payment of the Subscription Fee by way of:
(a) Electronic funds transfer('EFT') into our nominated bank account
(b) Credit Card Payment ('Credit Card')
(c) Bank Transfer
5.2 All credit and debit card payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
5.3 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
5.4 You agree and acknowledge that Sydney Lions Soccer Academy can vary the Subscription Fee and fee’s for any services at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund & Cancellation Policy
6.1 Sydney Lions Soccer Academy will offer no refunds under any circumstance unless the manager of Sydney Lions Soccer Academy makes a decision, at its absolute discretion, that it is reasonable to do so. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
6.2 You may cancel your Subscription at any time by providing Sydney Lions Academy with written notice of at least 2 business days before the scheduled automated billing date. Your cancellation will be effective on the next payment due date. Therefore, you may still attend any remaining scheduled services ‘Sessions’ until then.
6.3 If the notice requirements are not met, you will automatically be liable for payment of the next Subscription Fee regardless of cancellation. This payment will not be refunded and Sydney Lions Soccer Academy reserve the right to debit/collect the authorised account for monies owed.
6.4 New Subscriptions and Services that are cancelled at least 2 business days prior to the first day of the service shall be refunded, less the deduction of a 10% ‘Administration Fee’. Other Merchant Charges may also apply.
6.5 Sydney Lions Soccer Academy reserves the right to cancel any class low on the number of children. Any outstanding classes resulting from the cancellation will be refunded if a suitable alternative is not possible.
7. Missed Session Policy
7.1 You understand that unless specified, Sydney Lions Soccer Academy Sessions are to be used consecutively.
7.2 In the event that written notice is not given 24 hours prior to the missed class, a make-up class, credit or refund will not be offered, and you will forfeit the session.
7.3 Sydney Lions Soccer Academy will offer make-up Sessions to be used in a different location for as long as you are subscribed with Sydney Lions Soccer Academy, for up to 1 year from the missed session, provided you have given written notice of your absence at least 24 hours before the session.
7.4 You may send a friend to take the place of your child in place of a make-up Session, the person taking the spot must be age appropriate for the class, or otherwise agreed to by management of Sydney Lions Soccer Academy.
7.5 Make-up sessions must be used within 1 calendar year of the missed Session, and you must still have an active Subscription with Sydney Lions Soccer Academy.
7.6 All Make-up sessions are subject to availability.
7.7 Missed Sessions cannot be used or exchanged for financial credit or refund.
8. Wet Weather policy
8.1 Applies to all outdoor locations only.
8.2 Practical efforts will be made to ensure Sessions will go ahead regardless of the weather, however if we need to cancel or find an alternative location, we will inform you at least 1 hour prior to the session taking place, where this is not possible, we will inform you as close to your session time as possible.
8.3 You will be informed via either email or text message of any changes to your scheduled class or location. Sydney Lions Soccer Academy does not accept any responsibility for you not picking up any messages left.
8.4 Failure to attend the wet weather alternative (if available) will not constitute a make-up Session, credit or refund.
8.5 You accept responsibility for not attending a session due to the weather, and accept that no make-up Session, credit or refund will be offered due to your absence.
9. Parental/Carer Responsibilities
9.1 You agree to remain present at all times for any child subscribed to Sydney Lions Soccer Academy between the ages of 18 Months – 7 Years old during the sessions.
9.2 You agree to be responsible for the care of any child below 7 years old, and the behaviour of your child during any Sydney Lions Soccer Academy Sessions.
9.3 You accept that at times there may be physical contact between a coach/trainer and your child, which will always be carried out in a responsible and appropriate manner, with child safeguarding at the forefront of any physical contact.
10. Zero Tolerance Policy
Sydney Lions Soccer Academy operates a zero tolerance policy, and reserve the right to refuse or terminate any Subscription to any Member or child who poses a disciplinary problem to the coaches/trainers or disrupts the learning of other children. In this instance Sydney Lions Academy will be under no obligation to provide a Refund for any outstanding Sessions.
11. Marketing/Media/Photograph/Video Policy
You give consent for Sydney Lions Soccer Academy to take photographs or videos of your child which may be used for business, marketing, social media and/or other publicity use.
12. Change of Venue/Coach
12.1 Sydney Lions Soccer Academy reserves the right to change the venue of our sessions if required at any time, giving as much notice as possible.
12.2 Sydney Lions Soccer Academy reserves the right to change your coach/trainer at any time.
13. General Disclaimer
13.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
13.2 Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Sydney Lions Soccer Academy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
13.3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Sydney Lions Soccer Academy make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Sydney Lions Soccer Academy) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the products of Sydney Lions Soccer Academy; and
(d) the Services or operation in respect to links which are provided for your convenience.
14. Limitation of liability
14.1 Sydney Lions Soccer Academy's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
14.2 You expressly understand and agree that Sydney Lions Soccer Academy, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages or injuries which may be incurred by you or your child, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
14.3 By enrolling your child, you agree to Sydney Lions Soccer Academy staff to obtaining medical assistance as they see fit, when necessary, and you also agree to incur any expenses attached thereof.
16. Copyright and Intellectual Property
16.1 The Website, the Services and all of the related products of Sydney Lions Soccer Academy are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Sydney Lions Soccer Academy or its contributors.
16.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Sydney Lions Soccer Academy, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use. Sydney Lions Soccer Academy does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Sydney Lions Soccer Academy.
16.3 Sydney Lions Soccer Academy retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
16.4 You may not, without the prior written permission of Sydney Lions Soccer Academy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
17. Termination of Contract
17.1 The Terms will continue to apply until terminated by either you or by Sydney Lions Soccer Academy as set out below.
17.2 If you want to terminate the Terms, you may do so by:
(a) providing Sydney Lions Soccer Academy with 2 business days' notice of your intention to terminate; and
(b) closing your accounts for all of the services which you use, where Sydney Lions Soccer Academy has made this option available to you.
Your notice should be sent, in writing, to Sydney Lions Soccer Academy via the 'Contact Us' link on our homepage.
17.3. Sydney Lions Soccer Academy may at any time terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Sydney Lions Soccer Academy is required to do so by law;
(c) the provision of the Services to you by Sydney Lions Soccer Academy is, in the opinion of Sydney Lions Soccer Academy, no longer commercially viable.
17.4 Subject to local applicable laws, Sydney Lions Soccer Academy reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Sydney Lions Soccer Academy's name or reputation or violates the rights of those of another party.
18.1 You agree to indemnify Sydney Lions Soccer Academy, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your participation;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.
19. Dispute Resolution
19.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
19.2 Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
19.3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a) Within 10 business days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 60 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in NSW, Australia.
19.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
19.5. Termination of Mediation: If 4 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
20. Venue and Jurisdiction
The Services offered by Sydney Lions Soccer Academy is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Terms or Services you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
21. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.