Terms & Conditions
Epic Hockey Pty LTD
Trading as Epic Hockey Academy
Terms and Conditions
Epic Hockey (ACN 679120944) (“EHA” or “us” or “we” or “our”) of PO BOX 677 Lindfield NSW 2070 Australia is engaged in the business of providing training and mentoring programs for hockey athletes (“you”).
1. OUR TERMS AND CONDITIONS
1.1 By accessing and using the Online Platform and the content and information offered on the Online Platform, you acknowledge and agree that you have read and understood these terms and conditions and accept to be bound by these terms and conditions (“Terms and Conditions”).
1.2 These Terms and Conditions apply to all transactions between us and you relating to the provision of the Services and unless otherwise agreed in writing, these Terms and Conditions shall apply to the exclusion of any other terms and conditions.
1.3 We have taken proper care and precautions to ensure that the information we provide on the Online Platform is accurate. However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on the Online Platform.
1.4 EHA reserves the right to amend these Terms and Conditions at any time.
1.5 EHA recommends each time you access the Online Platform you read these Terms and Conditions.
1.6 You acknowledge that you rely on these Terms and Conditions and not any representations or warranties made by EHA prior to, or at the time of, entering into these Terms and Conditions.
2. EHA’S SERVICES
2.1 The Services provided by EHA include:
(a) training and mentoring programs for hockey athletes including development and pathway programs;
(b) coaching sessions for hockey athletes (private and group sessions);
(c) school holiday clinics;
(d) education on the sport of hockey;
(e) personal development;
(f) supervised gym sessions with qualified instructors in leading facilities;
(g) online educational programs;
(h) national and overseas tours; and
(i) potential for scholarship opportunities.
2.2 Subject to clause 9.2, in order to receive the Services, you must enter into the Informed Consent Agreement, pay the Fee in accordance with clause 5 and satisfy EHA’s Eligibility Requirements.
2.3 Until such time as you comply with clause 2.2, we will not be required to provide you with the Services.
3. SITE ACCESS
Except as permitted under the Copyright Act 1968 (Cth) and these Terms and Conditions, you are not permitted to copy, reproduce, republish, distribute or display any of the information on EHA’s Online Platform without the prior written consent of EHA.
4. YOUR OBLIGATIONS AND WARRANTIES
4.1 You warrant that:
(a) any and all information you have given, or will give, to EHA is, or will be, true, accurate and not misleading in any material respect;
(b) you have the legal capacity to enter into these Terms and Conditions and have the legal capacity to understand, and full power and authority to enter into, these Terms and Conditions;
(c) you are solely responsible for, and assume all risk arising from, your use of the Services and the Online Platform; and
(d) you will not use the Online Platform for any illegal or unauthorised use.
4.2 You agree to:
(a) maintain appropriate security, back-up and virus-checking procedures in place for any computer facilities, information or materials which it uploads or downloads from the Online Platform;
(b) treat all information obtained from EHA as confidential, and not take commercial advantage of any Confidential Information provided to you via the Online Platform, or enable others to do so; and
(c) not provide copies of any delivered Services to any third party without EHA’s prior written consent.
4.3 You acknowledge and agree that:
(a) EHA’s performance under these Terms and Conditions depends on you carrying out your obligations as set out in these Terms and Conditions;
(b) EHA is not able to independently verify the accuracy of any information and documents provided by you and will not be liable for any loss of damage arising from any inaccuracy or other defect in any information or documents supplied by you;
(c) EHA is not responsible for any delay or other consequence that results from your failure to perform any of your responsibilities under these Terms and Conditions;
(d) EHA is not liable for loss or damage that you or any other person sustains, directly or indirectly, in connection with the Online Platform, Services or EHA’s reliance on information it receives, or is given access to, by you;
(e) EHA can modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services in its sole discretion;
(f) nothing in these Terms and Conditions prevent EHA from providing services of a similar nature to any other client; and
(g) if the provision of the Services is unable to commence, or is interrupted due to technical issues of the Online Platform or an event which occurs outside of the control of EHA, EHA will not be held responsible, nor liable in any respect.
5. FEES & PAYMENT
5.1 To receive the Services, you are required to pay the Fee on the Online Platform as set out in Schedule B or as directed by EHA from time to time.
5.2 EHA will issue you a tax invoice for the Services provided, which must be paid by you before the due date specified on the tax invoice.
5.3 EHA cannot guarantee the security of any transaction or payment made by you and you accept any loss or liability arising from or in connection with any payments made by you to EHA.
5.4 EHA will not be required to provide the Services until such time as you pay the Fee.
5.5 Any Fee paid by you to EHA is non-refundable, and any payment made by you to EHA will not be refunded under any circumstances.
5.6 If, and to the extent, any supply of the Services under these Terms and Conditions is a taxable supply within the meaning of the GST Law, the Fee will be increased to include GST payable by EHA in respect of the supply.
6. PRIVACY
6.1 EHA collects and manages your personal information in accordance with the Privacy Act 1988 (Cth). EHA collects and uses this information to provide the Services to you, to improve the quality of the Services, and to provide you with information about other services offered by EHA. EHA agrees to keep such information strictly confidential.
6.2 Use of information you have provided to EHA or that which EHA have collected and retained relating to your use of the Online Platform and/or the provision of Services is governed by EHA’s Privacy Policy, in accordance with all applicable laws and regulations.
6.3 By using the Online Platform and receiving the Services from EHA, you are agreeing that you have read, understood and accept to be bound under EHA’s Privacy Policy.
6.4 To view EHA’s Privacy Policy and read more about why EHA collects personal information from you and how EHA uses that information, please click here.
7. CONFIDENTIALITY
7.1 If the parties, during the course of EHA providing you with the Services, receive the Confidential Information of the other, they agree:
(a) to use their best endeavours to keep such Confidential Information securely protected and will only disclose such information to persons who have need to know on a confidential basis; and
(b) not to disclose, disseminate or use Confidential Information in any way other than in the course of providing or receiving the Services.
7.2 The above restrictions do not apply to Confidential Information which:
(a) is authorised to be disclosed by way of either party receiving written consent from the other;
(b) EHA is required to disclose to a contractor, agent, director, shareholder, officer or partner of EHA in respect to the provision of Services;
(c) is already in the public domain;
(d) enters the public domain otherwise than as a result of an unauthorised disclosure or a breach of these Terms and Conditions;
(e) is or becomes lawfully available to either party from a third party who has the lawful power to disclose such information on a non-confidential basis;
(f) is rightfully known to either party prior to the date of the disclosure;
(g) is disclosed to either party’s respective insurers or legal advisers; or
(h) is required to be disclosed by law, provided that prior to disclosure where reasonably practicable, the party required to make the disclosure gives the other party prior written notice of the requirement to disclose and details the information that will be disclosed.
7.3 The requirement to maintain Confidential Information subsists after these Terms and Conditions or any extension thereof is terminated.
7.4 The obligations under this clause will survive termination of these Terms and Conditions.
8. INTELLECTUAL PROPERTY
8.1 Content and information provided on and through the Online Platform, including, without limitation, any of EHA’s logos, trade marks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Online Platform, are the copyrighted and/or trade marked work of EHA and/or EHA’s affiliates and/or licensors.
8.2 Use of the Online Platform does not grant any rights and/or any license whatsoever to intellectual property of EHA and/or that of third parties.
8.3 EHA shall retain ownership of all Intellectual Property Rights that subsist in the Services and the Online Platform.
8.4 Other than the rights expressly granted to you under these Terms and Conditions, no other rights or interest whatsoever in any of the Services and the Online Platform are transferred or granted to you.
8.5 Without limiting the foregoing, you agree:
(a) not to make use of EHA’s Intellectual Property Rights, except as explicitly authorised under these Terms and Conditions;
(b) not to provide any Intellectual Property Rights or copies thereof to any third party;
(c) not to take any action, or allow any third party to take any action in contravention of any Intellectual Property Rights belonging to EHA;
(d) that nothing in this clause prevents or restricts EHA from developing and/or using any Intellectual Property Rights for its own purposes; and
(e) the Intellectual Property Rights vest in EHA upon their creation, by virtue of this clause, regardless of whether the Intellectual Property Rights are conceived or created in whole or in part by EHA during the provision of the Services, alone or in conjunction with others, using EHA’s property or not, in pursuance of instructions or not.
8.6 EHA is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Online Platform, its code, and any underlying Intellectual Property Rights and know-how associated with any part of the Online Platform.
8.7 Nothing in these Terms and Conditions shall prohibit EHA in any manner from using, developing, marketing, licensing, or otherwise disposing of the Online Platform, or concepts, software or code embodied therein anywhere in the world.
9. DISCLAIMER
9.1 In using the Online Platform or receiving the Services, you acknowledge and agree that:
(a) to the full extent permitted by law, all warranties, conditions, representations and liabilities are excluded including any implied by statute;
(b) EHA does not accept any liability or responsibility to you or any third party who benefits from the Services or makes use of, or receives, the Services delivered by EHA to you; and
(c) no guarantees or representations have been made as to the success or benefits which you may receive from the provision of the Services.
9.2 Despite fulfilling part or all of EHA’s Eligibility Requirements, you acknowledge and agree that your acceptance into the Academy is subject to EHA’s sole discretion and you agree not to make any claim against EHA with respect to EHA’s decision to accept or reject your enrolment into the Academy.
10. INDEMNITY AND LIMITATION OF LIABILITY
10.1 You indemnify EHA and agree to keep EHA indemnified from all Loss incurred by EHA arising or in any way connected to:
(a) the provision of the Services;
(b) your breach of these Terms and Conditions; and
(c) your breach of any warranties given by you under these Terms and Conditions.
10.2 EHA shall not be held responsible for delays or non-performance caused by activities or factors beyond its control, including but not limited to, delays and non-performance caused by viruses, denial of service attacks, other acts or omissions by you, third parties, internet service providers, strikes, lockouts, work slowdowns or stoppages, accidents, fires, acts of God, terrorism and failure by you to timely furnish information or otherwise comply with these Terms and Conditions.
10.3 EHA and its agents, sub-agents, officers, directors, related entities, employees and representatives will not be liable for any direct, indirect, incidental, consequential, claim, Loss, damage, injury, death or any act, omission or default by you or any other persons or claims made against you, whether arising out of or in relation to the provision of Services provided to you, whether or not such Loss or damage was foreseeable or foreseen by either party.
10.4 EHA is released and discharged from all liability in respect of the Services, whether under the law of contract, tort, statute or otherwise and you will not be entitled to commence any action or claim whatsoever against EHA its agents, sub-agents, officers, directors, related entities, employees and representatives of EHA in respect of the Services.
10.5 To the extent permitted by law, all express or implied guarantees, warranties, representations and other terms and conditions of any kind in relation to these Terms and Conditions, which are not expressly included in these Terms and Conditions, are expressly excluded. If any guarantee, warranty, term or condition is implied or imposed in relation to these Terms and Conditions under Australian Consumer Law or any other applicable legislation, and cannot be excluded otherwise, then EHA’s liability for any breach is expressly limited to, at EHA’s election:
(a) supply of the Services again; or
(b) payment of the cost of having the Services supplied again.
10.6 The provisions of this clause will survive termination of these Terms and Conditions.
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11. RELEASE
11.1 You waive any and all rights and entitlements to any claims, actions, suits, legal proceedings, demands, costs, Losses, damages and expenses against EHA and release EHA from any and all claims which you now have, or at any time in the future may have, at law or in equity, against EHA in relation to, or arising out of, use of the Online Platform and provision of Services.
11.2 You must not, and must use your best endeavours to ensure that any person claiming through you does not, obtain or seek to obtain any relief in relation to, or arising out of, or in connection with, the use of the Online Platform and the provision of Services to you.
12. COMPLAINTS
12.1 If you have a complaint about the Services or EHA, please contact EHA via email at info@epichockeyacademy.com.au outlining details of your complaint and requested action.
12.2 EHA will endeavour to respond to all complaints in a timely manner.
13. DISPUTE RESOLUTION
13.1 In the event of a dispute arising between you and EHA (“the parties”) in connection with EHA’s Services, the parties agree to use their best endeavours to try and resolve the dispute amicably through negotiations, discussion and other communication in good faith.
13.2 You or your parent/legal guardian may only (upon giving at least seven (7) days written notice to the Academy) bring to any meeting a Support Person, unless the Academy has approved otherwise, to discuss the issue in question and seek to achieve a resolution.
13.3 The Academy may bring any third party without providing You or your parent/legal guardian prior notice.
13.4 You and/or your parent/legal guardian acknowledges and agrees that EHA does not comply with any policy or framework governed by Sports Integrity Australia including but not limited to the National Integrity Framework or Hockey Australia’s policies. For the avoidance of any doubt, You or your parent/legal guardian may not bring any Excluded Persons to any meeting.
13.5 If the dispute cannot be resolved by agreement within 10 Business Days of the dispute arising by either party providing written notice to the other or within such longer period as may be determined by the Academy, then any party can, by written notice to the other sent any time, set out the details of the dispute and nominate a resolution and serve such notice on the other parties.
13.6 If, within five (5) business days of the Academy’s notice set out in clause 13.5, the Athlete or the Athlete’s Parent/Legal Guardian:
(a) accepts the Academy’s resolution set out in clause 13.5 by providing written notice to the Academy, the resolution nominated by the Academy will be effective as at the date of the notice in this clause 13.6(a);
(b) rejects the Academy’s resolution set out in clause 13.5 by providing written notice to the Academy, the process set out in clause 13.7 will be adhered to by the parties; or
(c) fails to respond and provide any notice to the Academy, the Athlete or the Athlete’s Parent/Legal Guardian acknowledges and agrees that failure to respond and provide notice will equate to deemed acceptance, and the resolution nominated by the Academy will be effective as at the expiry of the five (5) business day period set out in this clause.
13.7 If the dispute has not been resolved within five (5) Business Days of the written notice set out in clause 13.6(b), the parties will appoint, by mutual agreement, a mediator to assist in the resolution of the dispute.
13.8 The parties agree to co-operate with the mediator in all procedural steps necessary to constitute the mediation and to participate in a bona-fide discussion with the assistance of the mediator in seeking to agree on a resolution of the dispute.
13.9 If the parties cannot agree on a mediator, the legal representative of EHA will appoint a mediator and clause 13.8 will continue to apply.
13.10 You or your parent/legal guardian are solely responsible for the costs and expenses of the mediator and the Academy’s legal representative (including any costs or expenses incurred arising out of or in connection with the dispute), and such costs and expenses are to be paid by the Athlete within 5 days of receiving written notice from the Academy.
13.11 Notwithstanding the provisions of this clause, if the Academy is required to engage their legal representative for any matters arising out of or in connection with the dispute, all time periods set out under this clause including but not limited to time periods for notices and acts, will be determined by the Academy in its sole discretion.
13.12 Until the determination of the dispute, You or your parent/legal guardian will still be responsible for the payment of any Fees due and payable to the Academy.
13.13 The initial meeting between the parties may be conducted virtually, however, any subsequent meeting(s) will be conducted in person and face to face at a venue determined by the Academy.
13.14 Should the dispute remain unresolved after mediation, the Academy’s legal representative will make a determination and their decision will be final and binding on the parties.
14. NOTICES
14.1 A notice or other communication required or permitted to be given by one party to another must be in writing to the address shown on the order (or as varied pursuant to this paragraph) and delivered personally, sent by prepaid mail to the address of the addressee specified in the relevant order, sent by email to the email address of the addressee specified in the relevant order with acknowledgement of delivery.
14.2 For the purposes of these Terms and Conditions, notices can be sent to EHA:
(a) by post to: PO BOX 677 Lindfield NSW 2070 Australia
(b) by email to: info@epichockeyacademy.com.au; or
(c) to any other address that EHA may provide you in writing.
15. ASSIGNMENT
You cannot novate, assign or transfer their rights under these Terms and Conditions without the prior written consent of EHA.
16. AMENDMENTS
16.1 EHA reserves the right to update or revise the Terms and Conditions at any time.
16.2 Your continued use of the Services and Online Platform following any changes to the Terms and Conditions will constitute your acceptance of such changes.
17. ENTIRE AGREEMENT
17.1 To the extent permitted by law in relation to the subject matter of these Terms and Conditions, these Terms and Conditions together embody the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.
17.2 If there is any conflict or inconsistency between these Terms and Conditions and the provisions of any other document, these Terms and Conditions will prevail.
18. WAIVER
Failure to exercise or enforce or a delay in exercising or partially enforcing or exercising any right, power or remedy provided under the law of this jurisdiction or these Terms and Conditions by any party will not in any way preclude or operate as a waiver of any exercise or enforcement or further exercise or enforcement of that or any other right, power or remedy provided by the law of this jurisdiction or under these Terms and Conditions.
19. SEVERABILITY
19.1 If a provision of these Terms and Conditions are or become invalid or unenforceable in the jurisdiction it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.
19.2 Any prohibited, unlawful, void or unenforceable provision will be replaced by an allowable, lawful, effective and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.
19.3 All obligations of the parties survive expiration or termination of these Terms and Conditions to the extent required for their full observance and performance.
20. LAW AND JURISDICTION
These Terms and Conditions are governed by the law in force in the state of New South Wales and will be construed in accordance with that law. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and waives, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum.
21. DEFINITIONS
“Academy” means the hockey academy run by EHA.
“Business Day” means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia.
“Confidential Information” means information relating to either party, including the Online Platform and Services of EHA which is obtained by you, in the course of obtaining the Services via the Online Platform, and includes, but is not limited to, any of the following types of information:
(a) information which either party indicates is confidential;
(b) information which is by its very nature confidential;
(c) information which could be of commercial value to any customer, client, supplier or competitor of EHA;
(d) information relating to research, development, trade secrets, know-how, material and intellectual property, technology, source codes and methodologies, terms of trade, contractual arrangements, business strategies, formulae, processes, applications, unique features or techniques in relation to or connected or associated with any of EHA’s products or services, advice, treatment plans or other documents provided by you via the Online Platform; or
(e) information obtained verbally, whether in consultations, during discussions or in any other way.
“EHA” means Epic Hockey Academy Pty Ltd (ACN 679120944).
“EHA’s Eligibility Requirements” means the requirements which must be met by hockey athletes wishing to obtain entry into the Academy as set out in Schedule A.
“Excluded Persons” means the following persons:
(a) legal representation including but not limited to solicitors; and
(b) representatives from Hockey Australia, Hockey NSW or any hockey institution, body or association including but not limited to any employees, volunteers or members of the board within these institutions, bodies or associations.
“Fee” means the fee payable during the enrolment process on the Online Platform to receive the provision of Services.
“Informed Consent Agreement” means the informed consent agreement entered into by you or your parent or legal guardian on your behalf.
“Intellectual Property Rights” means all intellectual property rights including all hardware and software in or associated with any of the Services or the Online Platform, patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, rights in designs, database rights, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Loss” means any liability, claim, debt or obligation of any kind (whether actual, prospective or contingent) however and whenever arising and includes liabilities which are prospective or contingent and those the amount of which, for the time being, is not ascertained or ascertainable and liabilities for any loss.
“Online Platform” means the Website or other digital service provided by EHA or which facilitates the provision of the Services.
“Services” means the services set out in clause 2.1 and other services as determined by EHA from time to time via the Online Platform.
“Support Person” means a family member or friend.
“Website” means the website known as https://www.epichockeyacademy.com.au
Schedule A – EHA’s Eligibility Requirements
In determining whether an applicant is enrolled into the Academy, EHA will consider the following eligibility requirements including but not limited to:
1. technical capability;
2. tactical capability;
3. mental capability;
4. physical performance;
5. personal excellence;
6. academic performance;
7. attitude and work ethic;
8. athlete and parent/legal guardian cultural alignment; and
9. references and recommendations.
Note: the above eligibility requirements are non-exhaustive and may be varied in EHA’s sole discretion from time to time.
Schedule B – Payment Schedule
The Fees for the Services are set out as specified an invoice, payment link or checkout process of any purchase on the website provided by EHA