- TERMS OF SERVICE
The website www.mightyu5.com.au (and all associated digital platforms, media accounts, mobile applications (together, the Website), contents, products, materials and services (together, the Services) are licensed and operated by Little Legends Aust Pty Ltd ABN 60 155 819 373 (Little Legends, we, us, our).
These Terms and Conditions and any additional disclaimers, policies and legal notices displayed on this Website constitute the agreement between Little Legends and you (“Agreement”)
The Agreement set out the Terms and Conditions of how you may use the Website and our Services. It is important that you read and understand these. By accessing any information or using the Services provided through the Website, you (the users) will be deemed to have accepted and agreed to be bound by this Agreement. The terms of this Agreement may be amended from time to time and the new Terms of Use will then apply to the extent they are not unfair.
If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services. You acknowledge and agree that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.
If at any time you do not agree with these Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.
- OUR SERVICES
The Website and Services aim to provide a source of information, education, and instruction for rugby coaches of children via courses, programs and associated materials (“Programs”). The information, videos, images, content, and material contained in or available through the Website and Services, are provided for educational purposes only. We will use reasonable skill and care in making all our Services available to you however we do not make any representations or warranties that the Services we provide are reliable, current or complete at all times. Your reliance on any of the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results. We do not warrant that our Website or any of its content is virus or malware free.
- PERMITTED USE
We prohibit the use of the Website or any of its functionalities, features, and content, in any manner other than expressly indicated. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website.
You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party in a manner not permitted by the Terms and Conditions.
- REGISTRATION
By making a preliminary enquiry, subscribing, sending a message via social media or via the website www.mightyu5.com.au , or registering for our Programs, you will be added to our email list and consent to receiving electronic communications from us.
You can choose to opt out of receiving communications from us at any time by following the instructions on the form to update your subscription or data preferences, unsubscribing from our email communications, or emailing us at [email protected]. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.
- ENROLMENT
You acknowledge and agree that upon payment for the Program, you have satisfied yourself as to the product you are purchasing, the fees, and have made all necessary enquiries as to the content, materials, modules and requirements.
The purpose of the Services is to provide sources of information, education, and instruction for rugby coaches of children so as to enhance relevant coaching skills and capabilities. The Services and Programs are not a substitute for accreditation programs you may be required to undergo to be eligible to coach. Please check with your relevant authority.
We will provide the Programs with due care and skill based on knowledge, experience and expertise but does not accept responsibility for the outcome of your efforts, both during and after.
You are responsible for using the materials provided. We make no warranties as to your personal or professional results from engaging and participating in the Programs. You are responsible to ensure you have the equipment, skills and abilities necessary and to ensure you are aware of the content of the Programs, that you check your emails for notifications or social media groups for announcements.
You acknowledge that the Programs are not intended to be a substitute for professional advice by qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
- USER ACCOUNTS
To access the Programs via the Website you will be required to set up a user account and provide us with data for your profile. You consent to providing your personal data and acknowledge that if you do not consent, we may not be able to provide all or some of the Services. For more information regarding personal data, please refer to our Privacy Policy. You will be provided access to the Programs via your account, for a specific period in which you can complete the Program.
You agree you are responsible for all activity that occurs via your account, including maintaining the confidentiality of your account and your account password.
You agree that all information you provide to us will be true, accurate, current and complete.
- PURCHASES AND PRICING
Fees
You will be responsible for the full amount purchased, regardless of whether you complete the Services or Program.
Our Services may be subject to change without notice. We reserve the right at any time to modify or discontinue any Services without notice at any time and shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any Services. We reserve the right to limit the sales of our Services to any person, geographic region or jurisdiction, and to offer discounts, early bird pricing and fee options or changes at any time, and at our sole discretion.
Credit Cards, Chargebacks and Payment Security
Where the charges to your nominated credit card are rejected or fail for any reason any agreement for the provision of Services may be terminated subject to the Terms of Agreement.
You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence. We are authorised to charge the credit card(s) you provided us with for payment for any unpaid charges on the date’s payments are due. You shall not change any of the credit card information provided to us without notifying us in advance.
Gateways and Merchants
We may use a payment-processing merchant for purchases and payments, or a payment platform, for which you may be directed off-site. By purchasing the Services, you agree to comply with these terms of purchase as well as those provided by the payment-processing merchant or payment platform.
Our payment-processing merchant may securely collect all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. For further details on what information we collect, please see our Privacy Policy.
You agree and acknowledge that all information you provide to us through the purchasing service will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.
- CANCELLATIONS, REFUNDS AND RE-SHEDULING
We reserve the right to refuse or grant refunds for the Services, pursuant to the Competition and Consumer Act 2010 (Cth). Any requests by the Client for refunds must be detailed in writing and will only be considered, when possible, options for remedies or a replacement have been explored.
- INTELLECTUAL PROPERTY
Ownership of Copyright
You acknowledge and agree that the Website and the Services contain information, content and material that is owned by us and is protected by all intellectual property and copyright laws recognised throughout the world whether existing under statute, at common law or in equity.
You are prohibited to copy, distribute, share and/or transfer information, content and material from the Website or Services (and/or their associated username or passwords) you purchased to any third party or person.
No part of the Website or Services, including any content, information or material posted on the Website or downloaded via the website may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.
These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks, graphics, and logos, used in connection with the Services and Website. All intellectual property displayed on the Website is owned by us. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.
Programs
Upon your purchase of such Programs, we grant you a limited, personal, non-exclusive, non-transferable license to use the purchased Programs for your own personal or internal business use for the period of time specified for each such Program. Except as otherwise provided, you acknowledge and agree that you have no right to copy, reproduce, edit, modify, alter, enhance, create derivative works of, reverse engineer or in any way exploit any of the Programs in any manner.
By ordering or participating in Programs, you agree that the Programs you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent by us. Furthermore, you agree that you shall not create any derivative work based upon the Programs and you shall not offer any competing products or services based upon any information contained in the Programs.
- PRIVACY
Our Website and Services are subject to our Privacy Policy, which forms part of these Terms and Conditions. Please ensure you read, understand, and agree to our Privacy Policy as updated from time to time.
- TERMINATION
We, at our sole and absolute discretion, may suspend or terminate your access and/or future access to the Website or Services, effective immediately, with no liability to you or any third party for the following reasons:
(a) where you are in breach of any of the Terms of Use or any related policies;
(b) where at any time you have committed any act of wilful or serious misconduct;
(c) if you fail to pay any fees, payments or expenses properly payable to us for our Services within 7 days of the stipulated date;
(d) where you have created a risk or possible exposure for us;
(e) where there are unexpected technical issues or problems;
(f) at the request of law enforcement or government authority; or
(g) upon a request by you.
- WARRANTIES AND LIABILITY
We do not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time we may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you, where reasonably necessary to protect our legitimate interests.
You expressly agree that your use of, or inability to use, the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. In addition, under the Australian Consumer Law 2010, there are certain consumer guarantees which cannot be excluded, including guarantees as to merchantability, fitness for purpose, supply by description, repairs and title.
We are not liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services, even if advised of their possibility. Under no circumstances shall we aggregate liability for all claims relating to the services exceed the greater of $100 AUD or the amount you paid us, if any, in the last 12 months.
Because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages in such countries, states or jurisdictions, our liability shall be limited to the extent such limitation is permitted by law.
We shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release us from any and all liability to you for any loss or liability relating to such information in any way.
We do not represent or guarantee that the services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You shall be responsible for backing up your own system, including any content acquired or rented through the services.
- WAIVERS AND INDEMNITY
By using the services, you agree, to the extent permitted by law, indemnify and hold us, our directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of this agreement, your misuse of the services, or, to the extent permitted by law, any action taken by us as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred. To the extent permitted by law, you agree that you shall not sue or recover any damages from us, our directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of our reasonable conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
- GOVERNING JURISDICTION
The laws of New South Wales govern this agreement, and any access to or use of our Services. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, or other such competent courts, to resolve any dispute or claim between the parties arising from or in relation to this Agreement.
- MISCELLANEOUS
No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign the document. If any part of this Agreement is held invalid or unenforceable, that part may be severed from this Agreement, and the remaining portions of these Terms and Conditions will remain in full force and effect.
These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Website Content
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. They are not intended as and shall not be understood or construed as a substitute for coaching accreditation by a recognised body such as Rugby Australia.
We have taken reasonable steps to ensure that the information contained in this Website is accurate, but we cannot represent that this Website is free of errors. You accept that the information contained on this Website may be erroneous and agree to conduct due diligence in order to verify any information you obtain from this Website and/or resources available on it prior to taking any action.
User’s Personal Responsibility
By using this Website, you accept personal responsibility for the results of your actions, namely any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree that you are solely responsible for how you use such information and resources, and you agree to conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
