Last updated on 5 May 2024

Operating under the business name “Skate Tech”

ABN 55 209 761 619

Terms and Conditions.

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

The four sections of this Document are:

1. General and Disclaimer

2. Terms for When You Use This Website

3. Terms for When You Purchase Lessons or Gift Certificates

4. Comprehensive Legal Terms and Conditions

1. General and Disclaimer

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

ㅤㅤㅤㅤ subsidiaries of the organization.

1.2 AGREEMENT CLARIFICATIONS

ㅤㅤㅤ(a) If any aspect of this agreement is unclear or if you have inquiries, you can contact us at any time via email at contact@skate-tech.com or

ㅤㅤㅤㅤ through the "Contact us" page on our website.

ㅤㅤㅤ(b) Prior to using this website or making any purchases of lessons or gift certificates, it is crucial that you read and agree to these terms. Please

ㅤㅤㅤㅤ refrain from proceeding unless you have fully understood and accepted the terms outlined herein.

1.3 CHANGES IN TERMS AND CONDITIONS

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

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

ㅤㅤㅤㅤ differ.

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

2. Skate Tech Website Terms of Use

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

2.2 INTELLECTUAL PROPERTY OWNERSHIP, USAGE AND RESTRICTIONS

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

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

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

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

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

ㅤㅤㅤ(f) Any other reproduction, transmission, adaptation, distribution, sale, modification, or publication of the Website or its Content without prior written

ㅤㅤㅤㅤconsent from Skate Tech is strictly prohibited, except as permitted by law.

2.3 THIRD-PARTY TERMS

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

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

2.4 EXTERNAL LINKS

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

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

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

2.5 LINKED SITES AND EMBEDDED CONTENT

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

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

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

ㅤㅤㅤㅤ external sources.

ㅤㅤㅤ(d) Skate Tech explicitly states it does not endorse, promote, or recommend operators, individuals, organisations, or corporations associated with

ㅤㅤㅤㅤ Linked Sites and Embedded Content unless otherwise specified.

2.6 THIRD PARTY PLATFORM

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

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

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

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

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

2.7 COMPUTER VIRUSES AND DEFECTS

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

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

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

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

ㅤㅤㅤ(e) If you notice any misuse of the website, errors in the material, or encounter difficulties in access or usage, please promptly contact us using the

ㅤㅤㅤㅤ provided contact details or form on our website.

2.8 DAMAGE TO ELECTRONIC DEVICES

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

ㅤㅤㅤㅤ website.

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

3. For When You Purchase Lessons or Gift Certificates

3.1 ORDER PLACEMENT CONFIRMATION:

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

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

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

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

3.2 MANDATORY PROTECTIVE GEAR:

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

ㅤㅤㅤduration of the lesson.

3.3 PROVIDING OF ACCURATE INFORMATION

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

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

3.4 TERMS REGARDING MINORS

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

ㅤㅤㅤ(b) By doing so, you assert that you are the participant's parent or legal guardian, possessing the authority to consent to these terms and any

ㅤㅤㅤㅤ additional documents (including waivers) on behalf of the participant.

3.5 OF LESSONS

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

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

ㅤㅤㅤㅤㅤㅤㅤ8 lessons (“8 Lesson Pack”)

ㅤㅤㅤㅤㅤㅤ(ii) “Sunday Group Classes” which is purchased as a package that spans 10 weeks commencing on the first week of the

ㅤㅤㅤㅤㅤㅤㅤ school term (unless notified otherwise by us)

ㅤㅤㅤㅤㅤㅤ(iii) Weekly Sunday group lessons (“Sunday Group Classes”), which run for ten weeks, starting on the Sunday following the first week of the

ㅤㅤㅤㅤㅤㅤㅤ school term. Any number and combination of classes out of the ten weeks offered can be purchased. Each class is picked individually

ㅤㅤㅤㅤㅤㅤㅤ and then purchased altogether. Additionally, the whole term (10 classes following weekly starting at the start of the term) can be booked

ㅤㅤㅤㅤㅤㅤㅤ for a discounted price per lesson.

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

ㅤㅤㅤ(c) If you have previously purchased any Lessons or Gift Certificates, or have signed up for our “news and updates” you will be notified about the

ㅤㅤㅤㅤ removal or alteration of any types of lessons, with a minimum of 8 weeks' notice via email, which can happen at any time.

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

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

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

ㅤㅤㅤㅤ Lesson Package on our website.

3.7 SUNDAY GROUP CLASSES

ㅤㅤㅤ(a) Upon purchasing a Group Class, you'll receive a confirmation email. Your attendance is automatically scheduled for all 10 weekly sessions,

starting from the first week of the regular school term (unless otherwise notified by us).

3.8 PRICING AND PAYMENTS

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

ㅤㅤㅤ(b) When purchasing a Lesson or Gift Certificate, you commit to paying the full amount indicated during the checkout process for your order, at the

ㅤㅤㅤㅤ time of placing your order. Additionally, you confirm that you possess the rightful authority to use the debit or credit card provided with your

ㅤㅤㅤㅤ order.

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

ㅤㅤㅤㅤ involve these third-party providers in processing your payments.

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

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

3.9 ORDER CONFIRMATION

ㅤㅤㅤ(a) If you purchase a Lesson or Gift Certificate, you will receive an email from us confirming that your order has been received. This email is not an

ㅤㅤㅤㅤ acceptance of your order; it is a confirmation that we have received it.

ㅤㅤㅤ(b) We reserve the right to accept or reject your order for any reason, including if the requested Product or Lesson is not available, if there is an

ㅤㅤㅤㅤ error in the price or the product description posted on the Website, or in the event that our coaches are unavailable or unable to teach for any

ㅤㅤㅤㅤ reason, the following conditions will apply. If we reject your order, we will endeavour to notify you within a reasonable time.

3.10 LESSON CONFIRMATION

ㅤㅤㅤIf you purchase a lesson, once your payment has been approved, you will receive an email from us confirming that your Lesson booking is

ㅤㅤㅤconfirmed and providing you with details of the Lesson, including the date, time, and location. You must present the Lesson confirmation email to

ㅤㅤㅤthe coach upon arrival at the Lesson.

3.11 CHANGES TO ORDER OR LESSON

ㅤㅤㅤOnce we have accepted your Order or Lesson booking, you cannot change or cancel it unless we agree or unless allowed by these terms. If we do

ㅤㅤㅤagree, you must pay us any reasonable costs we incur in fulfilling your change or cancellation request.

4. COMPREHENSIVE LEGAL TERMS AND CONDITIONS

4.1 LIMITATION OF LIABILITY

ㅤㅤㅤ(a) Skate Tech limits liability for any loss or damage related to Lessons, the Website, these terms, or any Skate Tech services, to the fullest extent

ㅤㅤㅤㅤ allowed by applicable law.

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

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

ㅤㅤㅤㅤ liability.

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

ㅤㅤㅤㅤ permitted by applicable law

ㅤㅤㅤ(e) This agreement does not aim to restrict the operation of the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth).

ㅤㅤㅤㅤ According to the ACL, you may have entitlements to certain remedies, such as a refund, replacement, or repair, in case of a failure with the

ㅤㅤㅤㅤ services provided.

ㅤㅤㅤ(f) In no event will Skate Tech be liable for incidental, special, or consequential loss or damages, including loss of data, business, opportunity,

ㅤㅤㅤㅤ goodwill, anticipated savings, profits, or revenue, unless such liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).

ㅤㅤㅤ(g) If any Act of Parliament implies any term, condition, or warranty in the Terms and Conditions, Skate Tech's liability for any breach is limited.

ㅤㅤㅤㅤ Skate Tech may choose to supply the services again or pay the cost of having the services supplied again.

ㅤㅤㅤ(h) You agree to indemnify Skate Tech, its employees, and agents against all liability for loss, damage, or injury arising from your or your

ㅤㅤㅤㅤ representatives' breach of these terms, use of the Website, or use of any goods or services provided by Skate Tech.

4.2 DISCLAIMER FOR WEBSITE USE

ㅤㅤㅤSkate Tech disclaims any liability for direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the

ㅤㅤㅤwebsite, or from any messages received, or transactions entered into through the website. This includes damages for loss of profits, use, data, or

ㅤㅤㅤother intangible, even if Skate Tech has been advised of the possibility of such damages.

4.3 GOVERNING LAWS AND JURISDICTION:

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

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

ㅤㅤㅤㅤ related to these terms.

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

4.4 WAIVER AND INTERPRETATION

ㅤㅤㅤNo party can interpret the words or actions of another party as a waiver of any right unless such waiver is documented in writing and signed by us.

4.5 JOINT AND SEVERAL OBLIGATIONS

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

4.6 COSTS AND EXPENSES

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

ㅤㅤㅤand performing these terms.

4.7 ASSIGNMENT AND TRANSFER

ㅤㅤㅤWithout the prior written consent of the other party, a party cannot assign, novate, or transfer any of its rights or obligations under these terms.

4.8 SEVERABILITY

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

ㅤㅤㅤthese terms remain valid and enforceable.

4.9 INTERCHANGEABILITY OF TERMS:

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

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

ㅤㅤㅤㅤ meaning.

4.10 INCLUSIVE DEFINITIONS

ㅤㅤㅤ(a) The term "person" or "you" includes a broad range of entities such as individuals, estates, corporations, authorities, associations, consortia, joint

ㅤㅤㅤㅤ ventures, partnerships, trusts, and other entities.

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

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

4.11 GENERAL REFERENCES

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

ㅤㅤㅤㅤ terms.

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

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

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

4.12 ENTIRE AGREEMENT

ㅤㅤㅤThis agreement constitutes the entire understanding between the parties, superseding any prior negotiations, conduct, arrangements,

ㅤㅤㅤunderstandings, or agreements, whether express or implied, concerning the subject matter herein.