Terms and Conditions.

Terms and Conditions governing your use of the Skate Tech website and the purchase of Lessons and Gift Certificates.

The four sections of this Document are:

1. General and Disclaimer

2. Terms for When You Use This Website

3. Terms for When You Purchase Lessons or Gift Certificates

4. Comprehensive Legal Terms and Conditions

1. General and Disclaimer

(a) In the context of these terms, we also identify Skate Tech using the terms "our," "we," or "us.", as well as any entities affiliated with and subsidiaries of the organization.

1.2 AGREEMENT CLARIFICATIONS

(a) If any aspect of this agreement is unclear or if you have inquiries, you can contact us at any time via email at contact@skate-tech.com or through the "Contact us" page on our website.

(b) Prior to using this website or making any purchases of lessons or gift certificates, it is crucial that you read and agree to these terms. Please refrain from proceeding unless you have fully understood and accepted the terms outlined herein.

1.3 CHANGES IN TERMS AND CONDITIONS

(a) When you make a purchase on this website, the rules you agree to at that moment will govern your transaction.

(b) We reserve the right to modify these terms at any time. Therefore, the terms in place when you use the website or make a purchase next may differ.

(c) To stay updated on any changes, check the date at the top of this page, indicating the last time we updated these terms.

2. Skate Tech Website Terms of Use

2.1 We are not responsible if, for any reason, the website, or any features or pages are not accessible for any period.

2.2 INTELLECTUAL PROPERTY OWNERSHIP, USAGE AND RESTRICTIONS

(a) "Our Content" on this site, including text, graphics, logos, and trademarks, belongs to Skate Tech

(b) These materials are protected by copyright and other intellectual property laws.

(c) Skate Tech maintains ownership of the Website and all its components, such as text, icons, logos, graphics, design, images, videos, and audio.

(d) All intellectual property rights not explicitly granted are reserved by Skate Tech.

(e) You can create a temporary electronic copy of the Website for viewing purposes only.

(f) Any other reproduction, transmission, adaptation, distribution, sale, modification, or publication of the Website or its Content without prior written consent from Skate Tech is strictly prohibited, except as permitted by law.

2.3 THIRD-PARTY TERMS

(a) You recognize and agree that third-party terms and conditions (Third-Party Terms) may be relevant.

(b) You commit to complying with any Third Party Terms related to third-party services.

2.4 EXTERNAL LINKS

(a) This website may contain links to external websites, but we are not accountable for them.

(b) We have no control over the content on linked websites and disclaim responsibility for that content.

(c) The presence of a linked website doesn't mean we approve or endorse its content.

2.5 LINKED SITES AND EMBEDDED CONTENT

(a) This Website might have links to other websites (Linked Sites) and embedded content from third-party providers (Embedded Content).

(b) Skate Tech lacks control over Linked Sites and Embedded Content and assumes no responsibility for any resulting loss or damage to you.

(c) Your decision to use Linked Sites or Embedded Content is entirely your responsibility and is subject to the terms and conditions of these external sources.

(d) Skate Tech explicitly states it does not endorse, promote, or recommend operators, individuals, organisations, or corporations associated with Linked Sites and Embedded Content unless otherwise specified.

2.6 THIRD PARTY PLATFORM

(a) The website uses a third-party platform and booking system (Third Party Providers).

(b) When using this site, you may need to adhere to the terms and conditions set by those Third Party Providers.

(c) We are not responsible for any actions or errors from the Third Party Providers.

(d) This includes issues with the website or difficulties encountered when placing orders.

(e) Our responsibility is constrained by the law and our agreement with the Third Party Providers.

2.7 COMPUTER VIRUSES AND DEFECTS

(a) We cannot guarantee that information obtained from or through our website is free from computer viruses or defects.

(b) It's your responsibility to verify such information for viruses.

(c) Skate Tech is not liable for any loss or damage caused by this information, whether directly or indirectly, due to negligence or other reasons.

(d) If Skate Tech is found liable, the maximum responsibility is limited to the cost of providing that information again.

(e) If you notice any misuse of the website, errors in the material, or encounter difficulties in access or usage, please promptly contact us using the provided contact details or form on our website.

2.8 DAMAGE TO ELECTRONIC DEVICES

(a) Skate Tech disclaims responsibility for any damage to computer systems, mobile phones, or electronic devices resulting from the use of the website.

(b) It's advisable to take precautions to avoid the risk of viruses, malicious code, or other interference.

3. For When You Purchase Lessons or Gift Certificates

3.1 ORDER PLACEMENT CONFIRMATION:

(a) By utilizing the features of the website to place an order for lessons or gift certificates, you confirm and guarantee the following:

(i) You have the legal capacity and are of sufficient age to enter into a binding contract with us.

(ii) You possess the authority to use the debit or credit card provided with your order.

(b) In this phase, we will provide you with the services ordered in exchange for your payment, as detailed during checkout.

3.2 MANDATORY PROTECTIVE GEAR:

It is mandatory for all participants to wear essential protective gear, including helmets, kneepads, elbow pads and wristguards throughout the

duration of the lesson.

3.3 PROVIDING OF ACCURATE INFORMATION

(a) You commit to providing accurate information during the booking and registration process.

(b) This includes correct details about your first and last name (and the participant's first and last name, if applicable).

3.4 TERMS REGARDING MINORS

(a) If the participant is under 18, you acknowledge and accept these terms on their behalf.

(b) By doing so, you assert that you are the participant's parent or legal guardian, possessing the authority to consent to these terms and any additional documents (including waivers) on behalf of the participant.

3.5 OF LESSONS

(a) The types of lessons available for purchase on this website include

(i) “Single Lessons”, which can be purchased as a one-off (one Single Lesson), in a pack of 4 lessons (“4 Lesson Pack”) or 8 lessons (“8 Lesson Pack”)

(ii) “Sunday Group Classes” which is purchased as a package that spans 10 weeks commencing on the first week of the school term (unless notified otherwise by us)

(iii) Weekly Sunday group lessons (“Sunday Group Classes”), which run for ten weeks, starting on the Sunday following the first week of the school term. Any number and combination of classes out of the ten weeks offered can be purchased. Each class is picked individually and then purchased altogether. Additionally, the whole term (10 classes following weekly starting at the start of the term) can be booked for a discounted price per lesson.

(b) Neither Lesson Packs nor Weekly Lessons are transferable to other Participants.

(c) If you have previously purchased any Lessons or Gift Certificates, or have signed up for our “news and updates” you will be notified about the removal or alteration of any types of lessons, with a minimum of 8 weeks' notice via email, which can happen at any time.

3.6 LESSON PACKS (4 Lesson Pack, 8 Lesson Pack)

(a) Lesson Packs are exclusively redeemable for Single Lessons and are valid for 4 years from purchasing.

(b) Upon purchasing a Lesson Package, a confirmation email will be sent, and you must book your lessons following the details provided in the Lesson Package on our website.

3.7 SUNDAY GROUP CLASSES

(a) Upon purchasing a Group Class, you'll receive a confirmation email. Your attendance is automatically scheduled for all 10 weekly sessions, starting from the first week of the regular school term (unless otherwise notified by us).

3.8 PRICING AND PAYMENTS

(a) Unless otherwise stated, all prices are in Australian Dollars (AUD).

(b) When purchasing a Lesson or Gift Certificate, you commit to paying the full amount indicated during the checkout process for your order, at the time of placing your order. Additionally, you confirm that you possess the rightful authority to use the debit or credit card provided with your order.

(c) We may utilize third-party payment providers to handle card payments, including Stripe and PayPal. By placing your Order, you authorize us to involve these third-party providers in processing your payments.

(d) The prices listed on our website do not include Goods and Services Tax (GST) as no GST is applicable to our products/services.

(e) We reserve the right to modify or vary pricing at any time.

3.9 ORDER CONFIRMATION

(a) If you purchase a Lesson or Gift Certificate, you will receive an email from us confirming that your order has been received. This email is not an acceptance of your order; it is a confirmation that we have received it.

(b) We reserve the right to accept or reject your order for any reason, including if the requested Product or Lesson is not available, if there is an error in the price or the product description posted on the Website, or in the event that our coaches are unavailable or unable to teach for any reason, the following conditions will apply. If we reject your order, we will endeavour to notify you within a reasonable time.

3.10 LESSON CONFIRMATION

If you purchase a lesson, once your payment has been approved, you will receive an email from us confirming that your Lesson booking is confirmed and providing you with details of the Lesson, including the date, time, and location. You must present the Lesson confirmation email to the coach upon arrival at the Lesson.

3.11 CHANGES TO ORDER OR LESSON

Once we have accepted your Order or Lesson booking, you cannot change or cancel it unless we agree or unless allowed by these terms. If we do agree, you must pay us any reasonable costs we incur in fulfilling your change or cancellation request.

4. COMPREHENSIVE LEGAL TERMS AND CONDITIONS

4.1 LIMITATION OF LIABILITY

(a) Skate Tech limits liability for any loss or damage related to Lessons, the Website, these terms, or any Skate Tech services, to the fullest extent allowed by applicable law.

(b) This limitation applies in contract, tort (including negligence), statute, equity, indemnity, or other circumstances.

(c) The maximum liability is capped at the total Fees paid to Skate Tech by you in the six months before the first event leading to the relevant liability.

(d) All other express or implied representations and warranties regarding Lessons, Products, and associated services are excluded as much as permitted by applicable law

(e) This agreement does not aim to restrict the operation of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth). According to the ACL, you may have entitlements to certain remedies, such as a refund, replacement, or repair, in case of a failure with the services provided.

(f) In no event will Skate Tech be liable for incidental, special, or consequential loss or damages, including loss of data, business, opportunity, goodwill, anticipated savings, profits, or revenue, unless such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

(g) If any Act of Parliament implies any term, condition, or warranty in the Terms and Conditions, Skate Tech's liability for any breach is limited. Skate Tech may choose to supply the services again or pay the cost of having the services supplied again.

(h) You agree to indemnify Skate Tech, its employees, and agents against all liability for loss, damage, or injury arising from your or your representatives' breach of these terms, use of the Website, or use of any goods or services provided by Skate Tech.

4.2 DISCLAIMER FOR WEBSITE USE

Skate Tech disclaims any liability for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the website, or from any messages received, or transactions entered into through the website. This includes damages for loss of profits, use, data, or other intangible, even if Skate Tech has been advised of the possibility of such damages.

4.3 GOVERNING LAWS AND JURISDICTION:

(a) The laws of New South Wales govern this agreement.

(b) Both parties unequivocally consent to the exclusive jurisdiction of the courts of New South Wales and any appellate courts for proceedings related to these terms.

(c) Both parties waive any objection to the venue of legal processes based on inconvenience.

4.4 WAIVER AND INTERPRETATION

No party can interpret the words or actions of another party as a waiver of any right unless such waiver is documented in writing and signed by us.

4.5 JOINT AND SEVERAL OBLIGATIONS

Obligations, liabilities, or rights assumed by or conferred upon multiple persons bind or benefit them jointly and severally.

4.6 COSTS AND EXPENSES

Except as expressly stated in these terms, each party is responsible for its own costs and expenses related to negotiating, preparing, executing, and performing these terms.

4.7 ASSIGNMENT AND TRANSFER

Without the prior written consent of the other party, a party cannot assign, novate, or transfer any of its rights or obligations under these terms.

4.8 SEVERABILITY

If any term within these terms is found to be wholly or partially void or unenforceable, it is severed to the extent of its invalidity. The remainder of these terms remain valid and enforceable.

4.9 INTERCHANGEABILITY OF TERMS:

(a) In these terms, both singular and plural forms of words are interchangeable.

(b) If a specific meaning is assigned to a word or phrase, any other grammatical form or part of speech of that word or phrase corresponds to that meaning.

4.10 INCLUSIVE DEFINITIONS

(a) The term "person" or "you" includes a broad range of entities such as individuals, estates, corporations, authorities, associations, consortia, joint ventures, partnerships, trusts, and other entities.

(b) References to a party include executors, administrators, successors, and permitted assigns, including those taking by way of novation.

(c) In the case of a trustee, it also includes any substituted or additional trustee.

4.11 GENERAL REFERENCES

(a) References to parties, clauses, paragraphs, schedules, exhibits, attachments, or annexures refer to those elements within or attached to these terms.

(b) The term "these terms" encompasses all schedules, attachments, exhibits, and annexures.

(c) Any reference to a document, including these terms, applies to that document as varied, novated, ratified, or replaced over time.

(d) Headings and bold words are for convenience and do not affect interpretation.

4.12 ENTIRE AGREEMENT

This agreement constitutes the entire understanding between the parties, superseding any prior negotiations, conduct, arrangements, understandings, or agreements, whether express or implied, concerning the subject matter herein.