TERMS AND CONDITIONS

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These terms and conditions (the “Terms and Conditions”) govern the use of www.oneononesport.com.au (the “Site”). This Site is owned and operated by One on One Sport. This site is an online services platform.

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By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

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Intellectual Property

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All content published and made available on our Site is the property of One on One Sport and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

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Acceptable Use

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As a user of our site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

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Violate the intellectual rights property rights of the Site owners or any third party to the Site.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

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Sales of Goods and Services

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These Terms and Conditions govern the sale of goods and services available on our Site.

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The following goods are available on our Site:

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• Merchandise;

• Training Resources;

• Coaching Resources; and

• Playing Resources.
   

The following services are available on our Site:

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• Sport Clinics;

• Sports Coaching; and

• Sports Selecting.
   

The services will be paid for in full when the services are ordered unless otherwise stated in the service description.

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These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible.

 

However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

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We reserve the right to modify, reject, or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

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Payments

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We accept the following payments on our Site:

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• Credit Card;

• PayPal;

• Debit; and

• Direct Debit.
   

When you provide us with your payment information, you authorise our use of and access to the payment instrument that you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.

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Refunds

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Refunds for Goods

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We are not required to provide a refund or replacement if you change your mind.

However you can choose a refund or exchange if an item has a major problem.

This is when the item:

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• Has a problem that would have stopped someone from buying the item if they had known about it;

• Is unsafe;

• Is significantly different from the sample or description; and/or

• Doesn’t do what we said it would, or what you asked for and can’t be easily fixed.
   

If the problem is not major, we will repair the item within a reasonable time. If it is not repaired in a reasonable time you can choose a refund or replacement.

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Please keep your proof of purchase— e.g. your receipt.

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Refunds for Services

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We provide refunds for services on our Site as follows:
 

• The services will be fully refunded if the services are cancelled at least 72 hours before the services were scheduled to be provided.
   

We are not required to provide a refund if you change your mind about the services you asked for.

However you can choose to receive a refund for unconsumed services, if the service has a major problem.
 

This is when the service:
 

• Has a problem that would have stopped someone from purchasing the service had they known about it;

• Does not meet the specific purpose you asked for and cannot be easily rectified within a reasonable time; and/or

• Creates an unsafe situation.

 

If you choose to continue with the service you can ask us to compensate you for any difference in the value of services we provided and what you paid.
 

If the problem is not major, we will fix it within a reasonable timeframe. If the problem cannot be fixed, we view it as a major problem.
 

Please keep proof of your agreement – e.g. your invoice
 

Consumer Protection Law
 

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
 

Medical and Personal Injury

You acknowledge and agree that:

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• The information provided via the services or in the goods is not, and does not constitute, medical advice;

• The services and goods are not a substitute for independent professional advice and you must obtain appropriate medical advice relating to your use of the services;

• Prior to using the services you should consult with a medical practitioner or other healthcare professional to ensure the services are appropriate for you, especially if you are pregnant or have any pre-existing physical or medical conditions;

• We are not responsible for any injuries that you may suffer as a result of participating in the services or otherwise using the goods;

• Prior to participating in any of the services, you must assess all the risks involved, including your own acts or omissions, your personal medical condition(s), and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating in recreational services and activities in connection with the services, you are doing so voluntarily and are therefore at your own risk. You assume all risks in connection with your participation in any recreational services and activities that we may provide in connection with the services;

• If you experience any discomfort, pain, dizziness or other unexpected side effects during or in connection with the use of the services, you must immediately cease using the Services and seek urgent medical advice; and

• Where we are conducting a service on behalf of a Club or Association or which the Club or Association has arranged or agreed for the service to be conducted, you agree to be responsible for all injuries which may occur at that location and that you will indemnify us from all costs, Losses, expenses and damages that may occur (including arising from negligence) either to any participants or to our employees, agents or instructors.
   

Limitation of Liability

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One on One Sport and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

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To the maximum extent permitted by law, we do not accept liability for, and you hereby release us from any claim in relation to, any Loss (including personal injury, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused (including through our negligence), suffered or incurred by you arising out of or in any way related to:

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• Your access to or use of the services or goods and participation by you in the Sports Clinics, Sports Coaching and Sports Selecting;

• Any errors or omissions in the services or goods including, but not limited to, any technical inaccuracies and typographical errors;

• Any decision or action taken by you in reliance on information in the provided via the services or goods
   

Indemnity
 

Except where prohibited by law, using this Site you indemnify and hold harmless One on One Sport and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

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Acceptable Law

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These Terms and Conditions are governed by the laws in the state of Queensland.

Severability

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If at any time any of the provisions set fourth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

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Changes

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These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of the changes to these Terms and Conditions or post a notice on our Site.

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Contact Details

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Please contact us if you have and questions or concerns. Our contact details are as follows:

admin@oneononesport.com.au

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Effective Date: 9th September 2022