Terms of Use

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Welcome to the Junior Basketball Academy. These Terms of Use are a legally binding agreement between you either an individual, group or entity (the “User”, “You”, or “Your”) and www.juniorbasketballacademy.com.au (“Website” or “Site”) owned and operated by She Fitness Pty Ltd t/a Junior Basketball Academy (“JBA”, “Company”, “We”, “Us”, or “Our”) operating in accordance with the laws of New South Wales, Australia. These Terms of Use along with the Privacy Policy (collectively referred to as “Terms”) govern your use of the website. Please carefully read these Terms before using our Website.

By continuing to access the Website, you represent and warrant to the Company that you have read and agree to be bound by these Terms of Use.

  1. Amendments

The Company reserves the right to amend any provision of these Terms of Use as well as the right to discontinue the Website. Where we make any amendments to these Terms of Use, we will notify you by updating the last updated date on the top. Please review these Terms of Use everytime you visit our Site. If you enrol your child for any Service offered by the Company, the enrolment terms and conditions will govern the rights and obligation between you and the Company.

  1. Information Disclaimer

ALL INFORMATION/CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED FOR YOUR GENERAL INFORMATION PURPOSES ONLY. THE COMPANY MAKES NO CLAIMS OR REPRESENTATION AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF OUR WEBSITE AND/OR SERVICES.

ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

  1. User Conduct

You agree that you will never:

  • Use the website for any illegal or immoral purposes;
  • Post any content on the Website that may be potentially or actually harmful to the Company or any User;
  • Post any content or information that is false, inaccurate, misleading or deceptive in nature;
  • Infringe any User’s or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
  • Act in any manner that may lead to violation of any applicable laws or regulation;
  • Post any content on the Website that may be deemed defamatory, libellous, threatening or harassing any group or individual;
  • Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
  • Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website;
  1. Intellectual Property

Unless expressly stated otherwise, all content made available by the Company including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company and subject to trademark, copyright and other intellectual property rights under the local and international laws and conventions. You agree not to copy, sell, transfer, license, sublicense, assign, reproduce, republish, disassemble, decompile, reverse engineer or distribute any Company Content in any way except as intended under these Terms of Use. You may not adapt, alter or create any form of derivative work from any Company Content without the prior written permission of the Company. You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.

We hereby grant you a limited, non-exclusive, non-transferable license to use the Company Content and this website for your personal and noncommercial use only.

The Company reserve the right to prosecute any violations of this provision. You acknowledge that breach of this provision can incur criminal as well as civil liability.

  1. User Content

User Content refers to any and all content uploaded, posted or shared by a User in any public areas of the Website or on Company’s social media pages on third-party platforms. Public Areas include any blog posts, articles, review pages on the Website. User Content includes but is not limited to any questions and comments posted by Users on the website. By posting, submitting or contributing text, images and other similar content through the Website or on our Social Media pages, you represent and warrant to us that you have the requisite intellectual property rights and authority to post the content on the Website and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party.

We do not claim ownership of any User Content, however by posting, sharing or contributing User Content through the Website and our social media pages, you expressly grant us irrevocable, royalty-free and fully paid, nonexclusive, world-wide license to use, distribute, reproduce, modify, adapt, publish, perform, display, create derivative work or share, in print or on any digital media, any of your User Content, including but not limited to ratings and reviews for our Service. You hereby waive any claims to future compensation arising from the Company’s use of your User Content in any form.

You understand that all User Content is the sole responsibility of the User who posted such content and the Company will not be liable for any errors, omissions or inaccuracies in any User Content. Your reliance upon any User Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Content and you hereby expressly release the Company from any liability arising out of or associated with your use of any User Content.

  1. Third-Party Links

The website may contain links to third-party websites which are not owned or operated by us. These links are only provided for your convenience and such links do not constitute an endorsement or recommendation by the Company of such third-party website services. We do not review or verify the content and claims made by such third-party website or any products/services offered by them.  We will not be held responsible for the content of such third-party websites. Please note that these third-party sites are governed by their own terms and conditions and privacy policy which may be different from those contained in this Agreement. You should always review the terms and conditions and privacy policy of such third-party sites before accessing or making use of their service.

  1. Disclaimer of Warranties

THE WEBSITE AND ALL COMPANY CONTENT IS PROVIDED BY THE COMPANY ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT.

THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS DO NOT ASSUME ANY RESPONSIBILITY FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER AND YOU HEREBY RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. THE COMPANY AND THE PARTIES MENTIONED ABOVE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES OFFERED BY COMPANY THROUGH THE WEBSITE. YOU ACCEPT THAT YOUR USE OF THE WEBSITE AND SERVICES PROVIDED BY THE COMPANY IS SOLELY AT YOUR OWN RISK.

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE WEBSITE OR SERVICES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED SHALL NOT EXCEED FIFTY AUSTRALIAN DOLLARS.

PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR HOW USERS USE THE WEBSITE AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY USER BEHAVIOUR. THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. Indemnity

You agree to release, defend, indemnify, and hold harmless the Company, its founders, affiliates, subsidiaries against any claims, liabilities, charges, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

(i) Your use or inability to use the Website,

(ii) violation of these Terms by you,

(iii) violation of any applicable law by you,

(ii) Your gross negligence or willful misconduct

The Company reserves the right, at its own expense to assume exclusive defence of any matter otherwise subject to indemnification. You agree that you will not settle any claim without the express written consent of the Company.

  1. Governing Law

These Terms of Use shall be governed by the laws of New South Wales, Australia without giving effect to any principles of conflict of laws. The User and the Company both agree to bring any action or claim arising out of or related to this Agreement in the court of law with appropriate jurisdiction to rule upon the matter located in Sydney, Australia.

  1. Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

  1. Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.