Terms of Service
Athlete means the registered user for which the Services are to be provided to.
Booking Request means the request for Services from a Coach which specifies the Services, time and date for which the Services are to be provided.
Cancellation Fee means the fee payable for cancellation of a Booking Request as defined in clause 7 of these terms.
Coach means the experienced coach who provides the Services.
Fees means the fees payable for a Booking Request, as determined by the Coach, and which includes fees paid in advance for multiple Booking Requests to be redeemed upon request by the Athlete.
OneOnOne means One On One Football Pty Ltd ACN 128 688 273.
Our website means www.oneononefootball.com.au.
Payment Gateway Provider means Stripe Inc. or any other payment gateway server used to facilitate the payments on our website from time to time.
Services means the coaching and training services provided by the Coach to the Athlete.
3. Changes to these terms
We may revise these terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Our website facilitates the engagement of experienced coaches to offer coaching and training services to registered users. Athletes can make a Booking Request via our website and we will arrange the provision of Services with the requested Coach. Coaches can either accept, decline or propose a new time in response to the Booking Request. OneOnOne and the Coach reserve the right to cancel or decline to provide the Services, provided reasonable notice is given to the Athlete. Should the Booking Request be cancelled by OneOnOne or the Coach prior to the Services being provided, no Fee will be payable by the Athlete. Otherwise, once the Services have been provided in accordance with the Booking Request, the Fee will be remitted from the Athlete to the Coach in accordance with clause 6. Where Fees have been paid in advance for multiple Booking Requests with a particular Coach, those Fees will show in our system as a credit to be applied to future Booking Requests that you make with that Coach (Credit). Credit cannot be refunded or transferred for use with a different Coach.
To submit a Booking Request you must pay the fees applicable for the Booking Request(s) you make. The amount of Fees will be determined based on the Coach and Services booked as set out on our website. The Fees are subject to change.
Where applicable, you agree to pay all GST and other similar taxes imposed in connection with the use of our website and the supply of the Services. You are responsible for all internet service provider fees, telecommunication and other charges required for your connection to, or use of, our website and arranging the Services.
By submitting credit card details to the Payment Gateway Provider to book the Services, you agree that:
- Where applicable, those credit card details may be retained by Payment Gateway Provider(s) in accordance with their policy that was effective at the time of the payment;
- the Payment Gateway Provider(s) are authorised to charge your credit card, without further notice to you, for amounts due with respect to amounts payable by you under these terms, including but not limited to the Fee; and
- You will pay, on demand, any costs or expenses that OneOnOne or the Payment Gateway Provider incurs and that are related to the credit card (such as merchant, dishonour, interest and overdrawing fees).
7. Cancellation policy and refunds
- No refunds, exchanges, credits or transfers of the Fee are available if you change your mind or decide to cancel.
- No refunds are available for Credit that you have purchased but do not use. Credit that you have purchased but not redeemed (for example, where you have paid in advance for a number of sessions with a particular Coach), cannot be refunded or transferred to a different Coach.
If you cancel a Booking Request before the Booking, OneOnOne reserves the right to charge you a Cancellation Fee which will be calculated as follows:
|Notice of Cancellation
|More than 24 hours prior to the Booking
|Between 2 and 24 hours prior to the Booking, in the event bad weather is forecasted for the time of the Booking
|Less than 2 hours prior to the Booking
||Up to 100% of the Fee
- In certain circumstances, you may be entitled to a refund or a credit under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under the Australian Consumer Law) which cannot be lawfully excluded, restricted or modified.
You acknowledge that:
- your participation in the Services involves a risk of injury, serious injury or death, along with the loss of, damage to or destruction of property (the Risk).
- by desiring to participate in the Services, you have acted voluntarily with full appreciation of the Risk.
- OneOnOne will not be liable for any loss, damage or injury suffered by you in connection with the Services, other than death or personal injury caused by the reckless conduct of OneOnOne.
9. Prohibited activities
You must not do, or procure to do, anything illegal in association with your use of our website, or the Services.
10. Changes to our website
We may update our website from time to time, and may change the content at any time. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our website, or any content on it, will be free from errors or omissions.
11. Accessing our website
Our website is made available free of charge.
We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our website.
You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
12. Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password and you require our assistance to reset or disable the code or password, you must promptly notify us at email@example.com.
13. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.
You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. Limitation of our liability
To the full extent permitted by law, you agree:
- to release and hold harmless OneOnOne, its personnel, and the Coach from any expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including consequential and economic losses, property loss, damage and damages for injury, including personal injury and death) (Losses) incurred or suffered by you and which arise out of, are caused by, are attributable to or result from your participation in the Services except to the extent such Losses are caused or contributed to by a wrongful or negligent act or omission of OneOnOne, our personnel or the Coach;
- to indemnify OneOnOne, its personnel, and the Coach against any Losses incurred or suffered by the OneOneOne which arise out of, are caused by, are attributable to or result from any wrongful or negligent act or omission of yours; and
- in the event of a force majeure or if anything occurs that corrupts or affects the administration, security, fairness, integrity or proper and lawful conduct of the Services, we may cancel, terminate, modify or suspend the Booking Request and we will not be liable for any Losses incurred or suffered by you which arise out of, are caused by, are attributable to or result from any such cancellation, termination, modification or suspension.
These terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations, including the Australian Consumer Law. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- the supply of the Services again; or
- the payment of the cost of having the Services supplied again.
We do not guarantee that our website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, your right to use our website will cease immediately.
16. Third party links and resources in our website
Our website may contains links to other sites and resources provided by third parties, and these links are provided for your information only. We have no control over the contents of those sites or resources.
If a provision of these terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
These terms are governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.
This Policy outlines the types of personal information that we may collect, how that personal information will be used, disclosed, transferred and stored.
Personal information means information or an opinion about you, whether true or not, from which your identity is apparent or can reasonably be ascertained. Personal information includes information that is not recorded in a material form.
2. Your acknowledgement and consent
By visiting our website, or providing us with your personal information (either directly or allowing another person to do so on your behalf), you agree to be bound by the terms and conditions of this Policy and other applicable laws of Australia and you consent to us collecting, using and disclosing your personal information as detailed in this Policy. If you do not agree with any part of this Policy, you must not provide your personal information to us. We reserve the right to update the terms of this Policy at any time. You should review this Policy periodically so that you are updated on any changes.
If you are aged under 18, you must obtain your parent or guardian's permission before you provide any personal information to us. Individuals without this consent are not allowed to provide us personal information. We urge parents to regularly monitor and supervise their children's on-line activities.
If you do not provide us with your personal information, or if you withdraw a consent that you have given under this Policy, this may affect our ability to provide services to you or negatively impact the services we can provide to you.
3. Personal information we collect
We collect and hold personal information you provide to us, including but not limited to your:
(b) contact details such as your address, telephone number or e-mail address;
(c) date of birth;
(d) physical details such as your age, gender, height and weight, and any injuries;
(e) playing position;
(g) personal and/or professional goals;
(h) images including photos, video and sound recordings;
(i) opinion in relation to our services and feedback on the Coaches;
(j) opinion in relation to any of our business activities via surveys and/or competitions and trade promotions; and
(k) any other information relevant to your use of our website or our services or to help us better provide the services.
4. Access and correction of personal information
While we will endeavour to ensure that the personal information collected from you is up to date,
accurate and complete, we will assume that any personal information provided by you is free from errors and omissions.
If the personal information you provide to us is incomplete and/or inaccurate, or you choose not to provide us with the personal information that we have requested,
it may affect our ability to provide you with our services or complete your Booking Request.
(a) Access You may request access to the personal information that we hold about you at any time by contacting our Privacy Officer using the details set out in this Policy.
We will respond to any such request for access to personal information within a reasonable time frame and will provide you access to the personal information that we hold that belongs to you,
unless we are authorised not to do so by law. We may charge you a reasonable fee for processing your request and should we decline you access to your personal information, we will provide you with a written explanation setting out the legal reasons for doing so.
(b) Correction If, upon receiving access to your personal information, or at any other time, you believe the personal information that we hold about you (or any of your dependants aged under 18 years) is inaccurate, incomplete or out of date, please notify our Privacy Officer using the details set out in this Policy.
Where you notify us that your personal information is inaccurate, incomplete or out of date, we will take reasonable steps to correct the information unless we are authorised not to do so by law. Should we decline your request to correct your personal information we will provide you with a written explanation setting out the legal reasons for doing so.
5. How we collect personal information
Information may be collected from you in numerous ways, including:
(a) via our website, app or our social media pages;
(b) in writing:
(i) if you complete a Booking Request;
(ii) if you complete any survey;
(iii) if you complete an entry form for any competition and/or promotion;
(iv) if you post or email us your information;
(c) if you apply to become one of our Coaches or apply for any other job vacancy with us;
(d) if you call us;
(e) if you provide us with your information in any other format such as verbally or via text message or during your use of our services;
(f) if you agree to have your photo or video taken during your use of our services;
(g) if you provide information to a Coach via the website or app; or
(h) if you make a complaint to us about our services or about a Coach.
6. Information via the Website and online software
Every time you use our websites, information may be collected by us or on our behalf via services such as Google Analytics. Types of information collected may include:
(i) the date and time of your visit to our website;
(j) your IP address;
(k) the address of the pages on our website you access;
(l) the type of browser and operating system you are using;
(m) any address of a recurring site and any other website you are about to visit; and
7. How we use personal information
We may collect your personal information for one or more of the following reasons:
(a) providing our current and future products or services to you;
(b) to provide to Coaches to provide the services;
(c) to assist with your requests, questions, comments and complaints;
(d) to process a Booking Request that you have made;
(e) to process a payment;
(f) for surveys, direct marketing, promotions or competitions;
(g) to disclose your details to allow our related companies or other partners to promote their products and services to you and those of their partners;
(h) to ensure the proper function of our website and online software;
(i) for our marketing, planning, product development and research requirements;
(j) for the promotion of us, our suppliers, entities we sponsor and/or third party partners;
(k) for registration and to manage your user profile or account;
(l) to communicate with you;
(m) to publish your reviews, forum or social media posts, blog posts, photographs, videos, likeness or other content on our websites;
(n) to notify you about special offers and products or services available from us or our participating partners;
(o) to solicit information from you;
(p) to resolve disputes or resolve problems;
(q) as may otherwise be described to you at the point of collection or pursuant to your consent;
(r) facilitating our internal business operations, including the fulfilment of any legal requirements; and
(s) analysing our services and customer needs with a view to developing new and/or improved services. We may also use your personal information for other purposes not listed above which will be made clear to you at the time we collect your personal information, or for such purposes as may be required or permitted by law. We will not sell, distribute, rent, licence, disclose or reveal, share or pass your information or personal details onto any third parties, other than in accordance with this Policy, and to those who are contracted to us to keep your information or personal details confidential.
8. Disclosure of personal information
(a) Disclosure By continuing to use our services and/or by providing us with your personal information, you consent to that personal information being processed, transferred and/or disclosed by us for the purpose for which it was collected and for any related secondary purpose which we believe you would reasonably expect. We may disclose your personal information to third parties: (i) where disclosure is for the primary purpose in which it was collected; (ii) where disclosure is to our related bodies corporate, suppliers, employees, consultants, contractors or agents so that they can provide you with products or services on our behalf or help us to provide you with the requested products or services including contacting you in relation to the products or services; (iii) to Coaches to enable them to contact you directly to facilitate the Booking Request; (iv) to our insurance provider for the purpose of insuring you or the Coach; (v) where it is required to ensure the proper functioning of our website or app; (vi) where your personal details are to be used by a participating third party contracted to us and the participating third party is bound by a confidentiality agreement with us; (vii) where we are required or authorised by law or if it is reasonably necessary to enforce the law (whether in Australia or overseas); (viii) where the information or personal details is necessary for the establishment, exercise or defence of a legal claim; (ix) to others that you have been informed of at the time any personal information is collected from you; or (x) where you have given express (or implied) consent to us for a prescribed purpose. (b) Direct marketing You can tell us at any time if you do not want us to disclose your details to other organisations such as our related companies or third parties for marketing purposes. To do this, you just need to contact our Privacy Officer at firstname.lastname@example.org.
(a) Our policy Spam is an electronic message that is both unsolicited and commercial in nature. We assure you that:
(i) we have crafted an internal policy to educate our staff and implement clear guidelines and rules in relation to the dissemination of commercial electronic messages;
(ii) you are at liberty to unsubscribe from any mailing list to which you have previously subscribed. If for any reason there appears to be no facility to be removed from the mailing list, please send us an email as detailed in clause 10 of this policy, or alternatively you may call us within ordinary business hours and request to speak to our Privacy Officer, and
(iii) we will not use address-harvesting software for any reason.
(b) Combating Spam To assist us in combating Spam we request your assistance with the following:
(i) if you receive an unauthorised commercial or offensive message, which appears to originate from our email address, please assume that it has been sent in error and notify us immediately on the above noted contact details;
(ii) please ensure that you unsubscribe from any of our mailing lists if you decide you no longer wish to receive commercial messages from us or our contracted third parties; and
(iii) if you do subscribe to any of our mailing lists, please ensure that we have your current details at all times, by updating us on any change in or cancellation of your email address.
10. Security of your information
We will take all reasonable steps to ensure that all information or personal details collected from you is stored in a secure environment accessed only by our authorised personnel. Where we store your personal information depends on what interaction you have had with us, however, some areas may include:
(a) electronic databases, including those for processing customer enquiries or feedback;
(b) email databases for marketing communications; and
(c) paper based forms. Please keep in mind that no information transmitted over the internet can be guaranteed to be 100% secure. We will take all reasonable steps to protect your information or personal details, however we cannot ensure or warrant the security of any information or personal details you transmit to us or receive from our online software. These activities are conducted at your own risk. We only keep your personal information for as long as it is required for the purpose for which it was collected or as otherwise required by law. We will take appropriate measures to destroy or permanently de-identity your personal information if we no longer need to retain it. These measures may vary depending on the type of information concerned, the way it was collected and how it was stored.
11. Personal information and children
The Services are available to persons under 18 years of age. By providing personal information about your dependants to us, submitting a Booking Request or otherwise utilising the Services, you will be considered to have given: • (on behalf of any dependants aged under 18 years) their consent to the collection of that information about them from you; and • your consent to the use and disclosure of your personal information (and that of your dependants) for the primary and secondary purposes described in this Policy.
12. Credit Card information
We use third parties to process any sales paid for via credit card. Where we use Stripe Inc. (Stripe) to process any Booking Requests paid for via credit card, we do not directly hold any payment information other than a billing address and a contact email on the website servers. In accordance with Stripe policies, we may be able to view credit card details, however, we will only use such information for the purposes of credit card verification, transaction approval or to provide a refund. Any information collected by Stripe may be used in accordance with the Stripe privacy or other policies and is beyond our control. To view Stripe policies please refer to the Stripe website located at https://stripe.com/au/privacy.
Our website may contain links to other websites on the Internet. Please be aware that we are not responsible or liable for the privacy practices of such other websites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every website that collects personally identifiable information. You access destination links at your own risk. Because we want to provide you with the best service possible, we would appreciate your comments about any external links at: email@example.com.
14. Third party advertising services
We may utilise certain third-party advertising services (e.g. organizations such as FastClick or Google) to display advertising for our advertisers. These third-party services may place a cookie on your computer for the purposes of ad tracking and presentation. We do not share personally identifiable visitor information with these third-party services.
16. Merger or acquisition
If we merge with or are acquired by another entity, your personal information may be transferred to such entity as a part of the merger or acquisition.
17. How to Contact us
If you have any concerns or questions regarding your privacy, please contact our Privacy Officer: Email: firstname.lastname@example.org
18. Unsubscribing from our email database
To unsubscribe from our e-mail database please send an e-mail to email@example.com with the word “UNSUBSCRIBE” typed into the body of the e-mail
Should you believe that we have not complied with the terms of our Policy, or would like to appeal a decision made by us relating to your personal information, you can make a complaint in writing to our privacy officer using the details set out in this Policy. We will respond to you within a reasonable period of time to acknowledge your complaint and inform you of the next steps we will take in dealing with your complaint. If you are unhappy with a response that you have received from firstname.lastname@example.org, you may direct your complaint directly to the Australian Information Commissioner. The details of the Australian Information Commissioner are listed on their website: www.oaic.gov.au.