These terms and conditions form a legally binding agreement (the Agreement) between: Coaching Club Pty Limited of 755 Hunter Street, Newcastle NSW (we, us, our) AND the person(s) or company visiting or patronising our website: www.futureofchoice.com (the User, you, your).
This Agreement will be deemed to be accepted by the User by visiting, viewing or using (including ordering or booking from) our website.
THE PARTIES AGREE as follows:
1.1 All material on our website including but not limited to text, images, multimedia, advertisements and downloadable content is published by us or on our behalf and made available to worldwide audiences. If you access our website outside of Australia, you do so at your own risk and you must comply with the rules and regulations enforced by your relevant jurisdiction.
1.2 The general public of all ages may view all publicly available material on our website and only copy it for personal use. You may only use material from our website for commercial purposes when you have our prior written consent.
1.3 Registered users may be, but are not limited to members of the general public, employees or representatives of companies, associations, governments or any other corporate entity.
2.1 All material on our website is provided to you "as is" and "as available". The information contained on our website is provided for the general interest and information of our Users.
2.2 To the maximum extent permissible by law and unless otherwise specified in writing, we do not warrant, guarantee or make any representations or warranties of any kind, whether express, implied or statutory in respect of the material published on our website and we expressly disclaim liability for errors, omissions or mistakes, misleading or incomplete information whatsoever.
2.3 We take reasonable steps to verify the information published on our website, however we do not warrant or guarantee the accuracy, adequacy or completeness of this material nor can we guarantee that the information provided will be relevant to your particular circumstances.
2.4 Without limiting the above, and whilst we promise to actively combat malicious activities, we do not warrant, guarantee or make any representations that our website will be safe from such behaviour including but not limited to viruses, hackers or denial of service attacks. Furthermore, we do not warrant, guarantee or make any representations that our website will be fully accessible at all times and disclaim any loss or damages as a result of it being inaccessible or unavailable for any reason.
2.5 To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders or bookings, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
i) the use of our website, or the inability to use our website by any party; or
ii) any failure of or partial performance, error, omission, interruption, defect, delay in operation or transmission of any aspect of our website; or
iii) line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of (or should be aware of) the possibility or likelihood of such damages, losses or expenses.
3.1 We provide links on our website only as a convenience to you and the inclusion of any links on our website does not imply or constitute an endorsement by us of the link or the website to which it relates. Linked websites are not under our control and we are not responsible for the content of any linked site or any subsequent link contained in a linked site nor are we responsible or liable for any damage or loss caused by your visitation to or use of those linked websites.
3.2 You must not create or maintain any link from another website to our website without our prior written consent.
4.1 You are responsible for maintaining the confidentiality of any User ID, password and any other login details generated by or issued to you as a result of your use of our website, including passwords of any additional users linked to your User ID. You agree not to disclose your password to a third party. You are responsible for any purchases accessed or bookings made through your User ID by you or any other person using your User ID. You agree to notify us immediately by emailing info@futureofchoice.com, if you suspect any unauthorised use of your account, User ID or password.
4.2 We may suspend your User ID, password or other login details at any time without cause and without liability for any resulting loss or damage.
5.1 For the purposes of this Agreement, “Intellectual Property Rights” means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the text, graphics, audio and other information, content, data or material used by us in respect to this Agreement including without limitation all such material or content published on our website.
5.2 Apart from any third party material, all Intellectual Property Rights in our website and any material or content published on our website (as developed, amended or enhanced from time to time) are owned by and are vested in us. Nothing in this Agreement grants you any form of ownership rights in any Intellectual Property Rights.
5.3 Subject to the remainder of this Agreement, we grant to you a non-exclusive, non-transferable, revocable licence to use our Intellectual Property Rights for the sole purpose of, and only to the extent that it is required for, you making full use of our website. However you are not at liberty to copy, recirculate, reverse engineer, decompile, amend, develop or use for any other purpose any of our Intellectual Property Rights.
6.1 All purchases, orders or bookings made through our website will be made subject to separate terms and conditions of trade, which, if applicable, may also be found on our website.
6.2 Where you have been granted access to restricted parts of our website, a separate licence agreement will apply. This licence agreement will apply in priority to these terms, to the extent of any inconsistencies.
7.1 You expressly acknowledge agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales and you submit to the non-exclusive jurisdiction of the courts of that State.
8.1 You consent to us, from time to time, seeking, advising, exchanging and verifying any of your personal or commercial information that you provide to us or that we otherwise collect with any third party and to carrying out any further pertinent investigation about your contact/address details, credit arrangements, trading terms, credit worthiness, credit standing, credit history or credit capacity, financial status etc.
8.2 You need not disclose your identity to us in order to use our website. However, our website may use “cookies” to collect anonymous traffic data from users who access our website. Our internet server may also automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve our website.