terms of Service
KOA SPORTS PTY LTD
TERMS OF SERVICE
ABOUT US
Welcome to Koa Sports.
We are an online sports coaching business that provides bespoke endurance sports coaching to athletes, through a variety of online platforms and Our Website.
Our Website is operated by Koa Sports Pty Ltd ACN 641 323 702. Access to and use of Our Website, or any of its associated Products or Services, is provided by Koa Sports Pty Ltd.
These terms of service (Terms) for use of Our Website, Our Products or Our Services can be found on the Website.
The information outlined in these Terms can and will be used in the event of a discrepancy.
OVERVIEW
These Terms form part of and apply to the Membership agreement between Us and You. Upon registration to our Website and/or payment in accordance with these Terms, You will become a Member.
When you become a Member, you are bound by and agree to comply with these Terms.
You are entitled to commence using Your membership benefits from the date stated on Your Membership agreement with Us.
You agree that we may handle your personal information in accordance with our Privacy Policy and these Terms.
We undertake no obligation to update, amend or clarify information in these Terms, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on any related website, should be taken to indicate that all information in the Terms or on any related website has been modified or updated.
You acknowledge and agree that We, and Our other Third-Party Service Providers, may use Your images or film on our website. By engaging with this agreement, You allow Us to use your images in promotional and other business-related material. Furthermore, by engaging and agreeing to these Terms, You authorise Us to use any photographic images, video, or any other recording of You, taken while using Our Services. We reserve the right to use these images for commercial purposes without compensation.
DEFINITIONS
Confidential Information: means the information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business, including without limitation the training provided to you during the sessions, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
Koa Sports Pty Ltd, We, Us, Our: Means Koa Sports, Koa, Koa Sports Pty Ltd ACN 641 323 702, ABN 90641323702 Address PO Box 823, South Melbourne VIC 3205, and also includes, Our Contractors, agents and affiliates.
Membership Fees: means the fees paid by you to Koa Sports. All payments are paid a month in advance, and the Membership Fee is subject to the package that is subscribed by you.
Intellectual Property Rights: means copyright, rights in or relating to databases, patent rights, performer’s rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
You, Your, Member: You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership and includes parent or guardian of the Member if the Member is under 18 years.
Termination Date: means the date that you are entitled to end this agreement with Us, or the date that we cease to provide you with any Services with immediate effect in the event you breach these Terms.
Third Party Payment Provider: means the third-party payment provider nominated by Us from time to time, currently Stripe.com/au.
Services: means the provision of bespoke endurance sports coaching provided by Us to You.
Software Application: means TrainingPeaks, that is used by Us to provide the Services to You.
Supply Period: means the supply period for a periodic agreement and is a minimum of 14 days.
Periodic Agreement: means the membership is for the supply of the Services on an ongoing basis and will continue until terminated by You or Us.
Website: means koasports.com.au, as provided by Us.
REGISTRATION TO USE SERVICES
You warrant that any information you give to Koa Sports Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, You will be a registered Member of the Website (Member) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
i) You are not of legal age to form a binding contract with Koa Sports Pty Ltd; or
ii) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which you use the Services.
SERVICES
We reserve the right to modify or discontinue the Service (or any part thereof), including these Terms, without notice at any time. You can review the most current version of the Terms at any time on Our Website, along with our Privacy Policy.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Our Website following the posting of any changes constitutes acceptance of those changes. In addition, prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right to limit Our Services to any person, geographic region, or jurisdiction of Our choosing, and may exercise this right on a case-by-case basis. All descriptions of Membership pricings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where the Service is prohibited or illegal.
We do not warrant that the quality of any services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.
OPTIONAL TOOLS
We may provide You with access to third-party tools, which We neither monitor nor provide any warranty over (Optional Tools). You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind without any endorsement. As a result, We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of Optional Tools offered through the Service is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve the terms on which the Optional Tools are provided by the relevant third-party provider.
Our Service may also include materials from third parties and third-party links available through the Service, that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
QUERIES
All queries and comments about the Services provided under these Terms should be directed to Koa Sports Pty Ltd via the contact details listed in these Terms and on Our Website.
Where the You elect to pay by way of direct debit, You acknowledge that the Third-Party Payment Provider has been engaged by Us to collect the fees due under the Agreement and You further acknowledge that Your contractual relationship with the Third-Party Payment Provider is separate to this Agreement.
MEETING YOUR RESPONSIBILITIES
Your responsibilities, including payment of Membership fees, do not depend on how often You use the Services.
You must tell Us about anything that affects Your Membership, and any changes to Your contact information and bank details.
You must inform us in advance and in writing if there are any risks to Your health if You participate in fitness services and if required to seek approval from your doctor or General Practitioner.
By posting comments through the Service, You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments or other information posted by you or any third-party.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including solicitors’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.
YOUR MEMBERSHIP AND THE SERVICES
Your membership with Koa Sports and Membership to the Services shall include:
a) One-on-one online coaching program for You as the Athlete, by Our full time coaches;
b) Online materials, including baseline testing to determine current levels of fitness and strength, sessions tailored to you by our coaches, session analysis and feedback provided, online performance management and charts to track fitness and fatigue, and calendars with apps so You have a weekly or fortnightly program in the palm of your hand; and
c) Anything else We agree to do from time to time.
Notwithstanding this clause, Koa Sports Pty Ltd continues to make no warranties or representations that the Services shall be delivered at certain times, on certain dates or as specified on our Website.
Subject to law, despite any advertised or implied services or products found on social media, Our Website of otherwise provided, any obligation on Us to provide such other services in addition to the Services described under these Terms remain at all times subject to and conditional upon Us confirming in writing to such additional Services as an amendment to the Services provided under these Terms as part of Your Membership.
MEMBERSHIP FEES
Payment
a) All payments made in the course of your use of the Services, are made using our Third-Party Provider and are a monthly direct debit payment (subject to local taxes). All payments are paid a month in advance, and the Membership Fee is subject to the package that is subscribed by you.
b) In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Third-Party Provider terms and conditions which are available on their website.
c) You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee.
d) You agree and acknowledge that Koa Sports Pty Ltd can vary the Membership Fee at any time.
Refund Policy
a) Koa Sports Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Koa Sports Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund ).
b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Koa Sports Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Koa Sports Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Koa Sports Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
i) use the Website pursuant to the Terms;
ii) copy and store the Website and the material contained on the Website in your device's cache memory; and
iii) print pages from the Website for your own personal and non-commercial use.
Koa Sports Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Koa Sports Pty Ltd.
Koa Sports Pty Ltd retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
iii) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Koa Sports Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
CONFIDENTIALITY
A Party which receives Confidential Information (Recipient) from the other Party (Discloser) must keep the Discloser’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
The Recipient’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the Discloser.
At the Termination Date, or when earlier directed by the Discloser:
i) all Confidential Information must be returned to the Discloser if requested by the Discloser, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the Recipient makes and any software that the Recipient creates based on the Confidential Information; and
ii) the Recipient must erase and destroy any copies of any software containing or comprising the Confidential Information in the Recipient’s possession or under the Recipient’s control or that may have been loaded onto a computer possessed or controlled by the Recipient.
The Recipient agrees that the Discloser may require any of the Recipient’s personnel to sign a confidentiality agreement in a form that the Discloser approves, as a condition of the Discloser’s acceptance of any of the Recipient’s personnel.
The Recipient agrees to indemnify the Discloser fully against all liabilities, costs, and expenses which the Discloser may incur as a result of any breach of these Terms by the Recipient.
The Recipient acknowledges that damages may be an inadequate remedy for breach of these Terms and that the Discloser may obtain injunctive relief against the Recipient for any breach of these Terms.
The obligations accepted by the Recipient under these Terms survive termination or expiry of this agreement.
PRIVACY
Koa Sports Pty Ltd takes Your privacy seriously and any information provided through Your use of the Website and/or Services are subject to Koa Sports Pty Ltd 's Privacy Policy, which is available on the Website. By agreeing to these Terms, You also agree to the Privacy Policy.
TERMINATION OF CONTRACT
a) The Terms will continue to apply until terminated by either You or by Koa Sports Pty Ltd as set out below:
b) If you want to terminate the Terms and your Membership with Us, you may do so by:
i) providing Koa Sports Pty Ltd with 14 days' notice, prior to your next monthly service charge, of your intention to terminate (Termination Notice); and
ii) closing Your accounts for all of the Services which You use, where Koa Sports Pty Ltd has made this option available to You.
Your notice should be sent, in writing, (whether by email or Post) to Koa Sports Pty Ltd.
The Termination Notice issued within 14 days of a scheduled monthly service charge will result in You being required to pay the next period in full, whereby You continue to receive Your normal Services.
c) Koa Sports Pty Ltd may at any time, terminate the Terms with You if:
i) You have breached any provision of the Terms or intend to breach any provision;
ii) Koa Sports Pty Ltd is required to do so by law;
iii) the provision of the Services to You by Koa Sports Pty Ltd is, in the sole opinion of Koa Sports Pty Ltd, no longer commercially viable.
d) Subject to local applicable laws, Koa Sports Pty Ltd reserves the right to discontinue or cancel Your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Koa Sports Pty Ltd 's name or reputation or violates the rights of those of another party.
INDEMNITY
You agree to indemnify Koa Sports Pty Ltd, its contractors, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c) any breach of the Terms.
LIMITATION OF LIABILITY
Koa Sports Pty Ltd 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Koa Sports Pty Ltd, its contractors, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
DISCLAIMER
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
a) all material on the Website is provided to you without warranties of any kind, either express or implied;
b) we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
c) we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet, and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
WAIVER
No failure or delay by Koa Sports Pty Ltd in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
SEVERANCE
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
ANNOUNCEMENTS
a) Subject to paragraph (b), no Party will issue or make any public announcement or disclose any information regarding this Agreement unless prior to such public announcement or disclosure it furnishes the other Party with a copy of such announcement or information and obtains the approval of the other Party to its terms.
b) No Party will be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations of a recognised stock exchange.
NOTICES
A notice or other communication connected with these Terms has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this Agreement or by email, to the address the You have provided Us with.
LAW AND JURISDICTION
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
ENTIRE AGREEMENT
This Agreement contains the whole agreement between the Parties in respect of the subject matter of the Agreement.
ACCEPTANCE OF TERMS
You will be deemed to have accepted these Terms if:
a) You confirm that these Terms are accepted;
b)You enter into any form of agreement to make use of the Services;
c) You continue to transact or otherwise deal with Koa Sports Pty Ltd.
MISCELLANEOUS
a) We rely upon your continued observance of the Terms. If We suffer loss or damage or incur any costs associated with any breach by You of the Terms or any associated legal obligation, you agree to indemnify Us for those losses, damages, and costs.
b) We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
c) If any provision of the Terms are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
d) All rights not expressly granted in the Terms are reserved.
e) If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you.
TERMS OF SERVICE
ABOUT US
Welcome to Koa Sports.
We are an online sports coaching business that provides bespoke endurance sports coaching to athletes, through a variety of online platforms and Our Website.
Our Website is operated by Koa Sports Pty Ltd ACN 641 323 702. Access to and use of Our Website, or any of its associated Products or Services, is provided by Koa Sports Pty Ltd.
These terms of service (Terms) for use of Our Website, Our Products or Our Services can be found on the Website.
The information outlined in these Terms can and will be used in the event of a discrepancy.
OVERVIEW
These Terms form part of and apply to the Membership agreement between Us and You. Upon registration to our Website and/or payment in accordance with these Terms, You will become a Member.
When you become a Member, you are bound by and agree to comply with these Terms.
You are entitled to commence using Your membership benefits from the date stated on Your Membership agreement with Us.
You agree that we may handle your personal information in accordance with our Privacy Policy and these Terms.
We undertake no obligation to update, amend or clarify information in these Terms, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms or on any related website, should be taken to indicate that all information in the Terms or on any related website has been modified or updated.
You acknowledge and agree that We, and Our other Third-Party Service Providers, may use Your images or film on our website. By engaging with this agreement, You allow Us to use your images in promotional and other business-related material. Furthermore, by engaging and agreeing to these Terms, You authorise Us to use any photographic images, video, or any other recording of You, taken while using Our Services. We reserve the right to use these images for commercial purposes without compensation.
DEFINITIONS
Confidential Information: means the information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business, including without limitation the training provided to you during the sessions, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
Koa Sports Pty Ltd, We, Us, Our: Means Koa Sports, Koa, Koa Sports Pty Ltd ACN 641 323 702, ABN 90641323702 Address PO Box 823, South Melbourne VIC 3205, and also includes, Our Contractors, agents and affiliates.
Membership Fees: means the fees paid by you to Koa Sports. All payments are paid a month in advance, and the Membership Fee is subject to the package that is subscribed by you.
Intellectual Property Rights: means copyright, rights in or relating to databases, patent rights, performer’s rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
You, Your, Member: You, Your, Member refers to the name in which the membership has been created, which at times may differ to the party paying for the membership and includes parent or guardian of the Member if the Member is under 18 years.
Termination Date: means the date that you are entitled to end this agreement with Us, or the date that we cease to provide you with any Services with immediate effect in the event you breach these Terms.
Third Party Payment Provider: means the third-party payment provider nominated by Us from time to time, currently Stripe.com/au.
Services: means the provision of bespoke endurance sports coaching provided by Us to You.
Software Application: means TrainingPeaks, that is used by Us to provide the Services to You.
Supply Period: means the supply period for a periodic agreement and is a minimum of 14 days.
Periodic Agreement: means the membership is for the supply of the Services on an ongoing basis and will continue until terminated by You or Us.
Website: means koasports.com.au, as provided by Us.
REGISTRATION TO USE SERVICES
You warrant that any information you give to Koa Sports Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, You will be a registered Member of the Website (Member) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
i) You are not of legal age to form a binding contract with Koa Sports Pty Ltd; or
ii) You are a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which you use the Services.
SERVICES
We reserve the right to modify or discontinue the Service (or any part thereof), including these Terms, without notice at any time. You can review the most current version of the Terms at any time on Our Website, along with our Privacy Policy.
We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to Our Website following the posting of any changes constitutes acceptance of those changes. In addition, prices for our products are subject to change without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
We reserve the right to limit Our Services to any person, geographic region, or jurisdiction of Our choosing, and may exercise this right on a case-by-case basis. All descriptions of Membership pricings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where the Service is prohibited or illegal.
We do not warrant that the quality of any services, information, or other material purchased or obtained by You will meet your expectations, or that any errors in the Service will be corrected.
OPTIONAL TOOLS
We may provide You with access to third-party tools, which We neither monitor nor provide any warranty over (Optional Tools). You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind without any endorsement. As a result, We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools. Any use by You of Optional Tools offered through the Service is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve the terms on which the Optional Tools are provided by the relevant third-party provider.
Our Service may also include materials from third parties and third-party links available through the Service, that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party
QUERIES
All queries and comments about the Services provided under these Terms should be directed to Koa Sports Pty Ltd via the contact details listed in these Terms and on Our Website.
Where the You elect to pay by way of direct debit, You acknowledge that the Third-Party Payment Provider has been engaged by Us to collect the fees due under the Agreement and You further acknowledge that Your contractual relationship with the Third-Party Payment Provider is separate to this Agreement.
MEETING YOUR RESPONSIBILITIES
Your responsibilities, including payment of Membership fees, do not depend on how often You use the Services.
You must tell Us about anything that affects Your Membership, and any changes to Your contact information and bank details.
You must inform us in advance and in writing if there are any risks to Your health if You participate in fitness services and if required to seek approval from your doctor or General Practitioner.
By posting comments through the Service, You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments or other information posted by you or any third-party.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including solicitors’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.
YOUR MEMBERSHIP AND THE SERVICES
Your membership with Koa Sports and Membership to the Services shall include:
a) One-on-one online coaching program for You as the Athlete, by Our full time coaches;
b) Online materials, including baseline testing to determine current levels of fitness and strength, sessions tailored to you by our coaches, session analysis and feedback provided, online performance management and charts to track fitness and fatigue, and calendars with apps so You have a weekly or fortnightly program in the palm of your hand; and
c) Anything else We agree to do from time to time.
Notwithstanding this clause, Koa Sports Pty Ltd continues to make no warranties or representations that the Services shall be delivered at certain times, on certain dates or as specified on our Website.
Subject to law, despite any advertised or implied services or products found on social media, Our Website of otherwise provided, any obligation on Us to provide such other services in addition to the Services described under these Terms remain at all times subject to and conditional upon Us confirming in writing to such additional Services as an amendment to the Services provided under these Terms as part of Your Membership.
MEMBERSHIP FEES
Payment
a) All payments made in the course of your use of the Services, are made using our Third-Party Provider and are a monthly direct debit payment (subject to local taxes). All payments are paid a month in advance, and the Membership Fee is subject to the package that is subscribed by you.
b) In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the Third-Party Provider terms and conditions which are available on their website.
c) You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee.
d) You agree and acknowledge that Koa Sports Pty Ltd can vary the Membership Fee at any time.
Refund Policy
a) Koa Sports Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Koa Sports Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund ).
b) Any benefits set out in this Terms and Conditions may apply in addition to consumer's rights under the Australian Consumer Law.
Copyright and Intellectual Property
The Website, the Services and all of the related products of Koa Sports Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Koa Sports Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Koa Sports Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
i) use the Website pursuant to the Terms;
ii) copy and store the Website and the material contained on the Website in your device's cache memory; and
iii) print pages from the Website for your own personal and non-commercial use.
Koa Sports Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Koa Sports Pty Ltd.
Koa Sports Pty Ltd retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
iii) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system or process).
You may not, without the prior written permission of Koa Sports Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
CONFIDENTIALITY
A Party which receives Confidential Information (Recipient) from the other Party (Discloser) must keep the Discloser’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
The Recipient’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the Discloser.
At the Termination Date, or when earlier directed by the Discloser:
i) all Confidential Information must be returned to the Discloser if requested by the Discloser, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the Recipient makes and any software that the Recipient creates based on the Confidential Information; and
ii) the Recipient must erase and destroy any copies of any software containing or comprising the Confidential Information in the Recipient’s possession or under the Recipient’s control or that may have been loaded onto a computer possessed or controlled by the Recipient.
The Recipient agrees that the Discloser may require any of the Recipient’s personnel to sign a confidentiality agreement in a form that the Discloser approves, as a condition of the Discloser’s acceptance of any of the Recipient’s personnel.
The Recipient agrees to indemnify the Discloser fully against all liabilities, costs, and expenses which the Discloser may incur as a result of any breach of these Terms by the Recipient.
The Recipient acknowledges that damages may be an inadequate remedy for breach of these Terms and that the Discloser may obtain injunctive relief against the Recipient for any breach of these Terms.
The obligations accepted by the Recipient under these Terms survive termination or expiry of this agreement.
PRIVACY
Koa Sports Pty Ltd takes Your privacy seriously and any information provided through Your use of the Website and/or Services are subject to Koa Sports Pty Ltd 's Privacy Policy, which is available on the Website. By agreeing to these Terms, You also agree to the Privacy Policy.
TERMINATION OF CONTRACT
a) The Terms will continue to apply until terminated by either You or by Koa Sports Pty Ltd as set out below:
b) If you want to terminate the Terms and your Membership with Us, you may do so by:
i) providing Koa Sports Pty Ltd with 14 days' notice, prior to your next monthly service charge, of your intention to terminate (Termination Notice); and
ii) closing Your accounts for all of the Services which You use, where Koa Sports Pty Ltd has made this option available to You.
Your notice should be sent, in writing, (whether by email or Post) to Koa Sports Pty Ltd.
The Termination Notice issued within 14 days of a scheduled monthly service charge will result in You being required to pay the next period in full, whereby You continue to receive Your normal Services.
c) Koa Sports Pty Ltd may at any time, terminate the Terms with You if:
i) You have breached any provision of the Terms or intend to breach any provision;
ii) Koa Sports Pty Ltd is required to do so by law;
iii) the provision of the Services to You by Koa Sports Pty Ltd is, in the sole opinion of Koa Sports Pty Ltd, no longer commercially viable.
d) Subject to local applicable laws, Koa Sports Pty Ltd reserves the right to discontinue or cancel Your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Koa Sports Pty Ltd 's name or reputation or violates the rights of those of another party.
INDEMNITY
You agree to indemnify Koa Sports Pty Ltd, its contractors, affiliates, employees, agents, contributors, third party content providers and licensors from and against:
a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
c) any breach of the Terms.
LIMITATION OF LIABILITY
Koa Sports Pty Ltd 's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Koa Sports Pty Ltd, its contractors, affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
DISCLAIMER
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your Statutory Rights). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
a) all material on the Website is provided to you without warranties of any kind, either express or implied;
b) we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
c) we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
d) we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on tour part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet, and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
WAIVER
No failure or delay by Koa Sports Pty Ltd in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
SEVERANCE
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
ANNOUNCEMENTS
a) Subject to paragraph (b), no Party will issue or make any public announcement or disclose any information regarding this Agreement unless prior to such public announcement or disclosure it furnishes the other Party with a copy of such announcement or information and obtains the approval of the other Party to its terms.
b) No Party will be prohibited from issuing or making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or the regulations of a recognised stock exchange.
NOTICES
A notice or other communication connected with these Terms has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as set out in this Agreement or by email, to the address the You have provided Us with.
LAW AND JURISDICTION
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
ENTIRE AGREEMENT
This Agreement contains the whole agreement between the Parties in respect of the subject matter of the Agreement.
ACCEPTANCE OF TERMS
You will be deemed to have accepted these Terms if:
a) You confirm that these Terms are accepted;
b)You enter into any form of agreement to make use of the Services;
c) You continue to transact or otherwise deal with Koa Sports Pty Ltd.
MISCELLANEOUS
a) We rely upon your continued observance of the Terms. If We suffer loss or damage or incur any costs associated with any breach by You of the Terms or any associated legal obligation, you agree to indemnify Us for those losses, damages, and costs.
b) We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained on the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
c) If any provision of the Terms are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.
d) All rights not expressly granted in the Terms are reserved.
e) If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you.