TERMS AND CONDITIONS
- ABOUT THESE TERMS AND CONDITIONS
(a) These Terms and Conditions (“Terms”) govern your use of Professional Fussball Development (hereinafter referred as the PFD) and services. Our products and services include our website (located at www.pfd.international) and our Facebook page (located at https: //www.facebook.com/professionalfussballdevelopment/) (known together as the “Site”).
(b) In these Terms, a reference to “we”, “us”, and “our” means PFD (Professional Fussball Development ABN 15709156269). A reference to the client in these Terms is a reference to any person accessing our products and services.
(c) These Terms set out the duties, rights, roles, and responsibilities of the client and PFD.
(d) These Terms form a binding contractual agreement between the client and PFD.
(e) By accessing our products and services, or both, the client acknowledges and agree that the client has had sufficient opportunity to read and understand the Terms, and the client agrees to comply with and be bound by them.
(f) We reserve the right to modify these Terms at any time as per clause 16.
- CONTACT INFORMATION
This is the legal contact information for PFD:
Name: Professional Fussball Development
Address: 18 Nyes Crescent QLD 4556
Phone number: 0421659031
Email: [email protected]
Website: www.pfd.international
- TERMS OF USE OF THE SITE
These terms explain your rights and responsibilities when using the PFD website and Facebook page. Terms apply to your use of PFD products and services, including the Site. By continuing to use PFD’s products and services, including the Site, the users of the site are deemed to accept these Terms.
3.1 What the client may do with the Site content
Use of our Site is for the site users general information and personal use.
3.2 Site content and services
These points acknowledge what the client may reasonably expect from the Site.
The client acknowledges and agrees that:
(a) the Site may be unavailable from time to time;
(b) The PFD reserve the right to alter, amend, or cease the operation of the Site at any time at our sole discretion without notice;
(c) The PFD accepts no responsibility for the accuracy of the information contained in advertisements that are placed on our Site;
(d) The PFD undertakes to ensure the accuracy of information pertaining to our goods and services contained on the Site and to update information in a timely manner.
The Site User acknowledges and agrees that although PFD will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. The PFD shall not be liable to any person or entity for loss or damage incurred by such downtimes.
All content and services provided on or through this site are provided “as is” and “as available” for the Site User’s use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. The Site User’s use of this site is solely at the Site User’s risk.
3.3 User conduct
These points explain how the user must act when using the Site.
The site’s user represents and warrants to us that:
(a) will be solely responsible for all of the user’s activities on our Site;
(b) have the legal capacity to accept these Terms;
(c) will not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged, or impaired in any way;
(d) will not use the Site to misrepresent your identity or affiliation with any person or organisation;
(e) will not use the Site to conduct, display, or forward details of any survey, contest, pyramid scheme, or chain letter; or use any part of our Site to send commercial messages in contradiction of the Spam Act 2003.
(f) will not attempt to modify, adapt, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site, any associated website, or any other website.
(g) will not hide, deface, alter, or delete any copyright symbol, trademark, or other proprietary rights notice;
(h) will not attempt to bypass the network firewall;
(i) will not use any part of the Site which the user is not authorised to use or devise ways to circumvent security in order to access part of the Site which the user is not authorised to access. This includes, but is not limited to, scanning networks with the intent to breach and evaluate security, or both, whether or not the intrusion results in access.
(j) will not use or attempt to use the Site for any unlawful, criminal, or negligent purpose. This includes, but is not limited to, password cracking, social engineering (defrauding others into releasing their passwords), denial-of-service attacks, harmful and malicious destruction of data, infringing the intellectual property rights of any person, injection of computer viruses, and intentional invasion of privacy.
3.4 Limited liability
These points explain to the user that our liability for the information provided is limited to the fullest extent permissible.
(a) To the full extent permitted by law, we exclude all representations, warranties, or terms (whether express or implied) relating to the content of our Site other than those expressly set out in these Terms.
(b) Where liability cannot be excluded any liability incurred by us in relation to the use of our Site or its contents is limited as provided under the Competition and Consumer Act 2010 (Cth).
(c) Neither PFD, nor any third parties, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information found on the Site and services offered on the Site for any particular purpose.
(d) You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
(e) To the full extent permitted by law, the PFD exclude all liability in respect of loss of data, interruption of business, or any consequential or incidental damages.
(f) The PFD are not responsible to the client or anyone else for any loss suffered as a result of damage to the users or another person’s computer system or the transmission of any computer virus.
(g) In no event shall the PFD be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantages) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
(h) The client has sole responsibility for adequate security protection and backup of data and/or equipment used in connection with the clients usage of the Site and Services and will not make a claim against the PFD for lost data, re-run time, inaccurate instructions, work delays, or lost profits resulting from the use of the Site and Services.
(i) Without limiting the foregoing, in no event will the PFD aggregate liability to you exceed, in total, the amounts paid by you to PFD.
(j) The client indemnifies and agree to keep us indemnified against any loss or damage or cost incurred by the PFD in connection with the client’s breach of these Terms or of any other legal obligation by the client or the client use of, or conduct on, the PFD’s Site and Services.
(k) 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. If such legislation applies, to the greatest extent possible, the PFD limit our liability in respect of any claim to, at our option:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
3.5 Third party websites and third-party content
The PFD’s site contains links to third party websites. The PFD is not responsible for the operation, security levels, content, accuracy, or any other aspect of any third-party website. Links to third party websites are provided solely for your convenience and do not indicate our endorsement or affiliation. The PFD reserves the right to remove any links to third party sites that, in its sole discretion, finds to be in violation of the provision hereof or deemed otherwise objectionable.
3.6 Termination or suspension of use
(a) These Terms terminate automatically if, for any reason, we cease to operate the Site.
(b) The PFD reserve the right to suspend or terminate your account or access to our Site at our sole discretion if we believe that you have breached these Terms.
(c) The PFD will endeavour to notify you of a breach of these Terms and ways in which you may remedy those breaches.
(d) Where the PFD has suspended or terminated the client account or access to the PFD site, the client must not attempt to circumvent this action by registering or attempting to register again under alternative username(s).
3.7 Applicable law
These points explain to the client that the applicable law is that of the State of Queensland, Australia.
(a) This Agreement, the clients use of this Site, and any dispute arising out of the clients use of this Site is governed by the laws of the State of Queensland, Australia, and each party submits to the jurisdiction of the courts of the State of Queensland, Australia unless the matter relates to any Commonwealth legislation in the various States and Territories.
(b) Any complaint made about the PFD by either a member of the public, or an employee, must be referred in the first instance to the PFD. Such a complaint should be specific and in writing. Upon receipt of a complaint, the PFD will use its best endeavors to respond to the complaint and resolve any matters arising from it within 14 days. If, following a response from the PFD, the complaint is not resolved to the client’s satisfaction, it may be referred for consideration by the appropriate State regulatory body.
3.8 Copyright and intellectual property
These points explain to the Client how the PFD protect and assert the PFD’s intellectual property rights.
(a) The Site contains intellectual property including, without limitation, trademarks, confidential information, and copyright, together with any goodwill or reputation and intellectual property rights subsisting in those.
(b) Copyright in the text, images, software, logos, icons, sound recordings, HTML code, content, and other copyright material in this Site is owned or licensed by the PFD for use on this Site.
(c) Reproduction of any material found on this Site is prohibited other than for the Clients own personal non-commercial use, provided that the material is not altered in any way and no trademark, copyright mark, or other proprietary notice is removed from the material in question. No other use of material on the Site is permitted other than with the express written permission of the copyright holder.
(d) Unauthorised use of the Site may give rise to a claim for damages and be a criminal offence, or both.
- SECURITY
These points explain to the Client that the PFD make every effort to keep the Clients information secure, but at the end of the day, use is at the Client own risk.
4.1 Security policy
(a) The PFD is committed to ensuring that the Clients information is secure. In order to prevent unauthorised access or disclosure, the PFD have put in place suitable physical, electronic, and managerial systems, procedures, and processes to safeguard and secure the information the PFD collect online.
(b) The PFD endeavour to ensure that the Clients personal information is secure, but the PFD will not be held responsible for any breaches of security including unauthorised access to the Clients personal information. The Clients use and access to the PFD Site is entirely at the Client own risk.
- USE OF GOODS AND SERVICES
This section explains the terms and conditions relating to the use of the PFD’s goods and services, such as, but not limited to: weekly soccer and events.
6.1. Products and services provided
(a) The PFD provides the following services (this list is not exhaustive):
(i) weekly soccer
(ii) events
(iii) holiday soccer
(iv) soccer camps
(v) soccer-club programs
6.2 Evaluation sessions and Weekly Soccer
(a) You agree to contact Professional Fussball Development for your evaluation session availability prior to registration.
(b) The evaluation session is not free.
(c) If the participant does not enrol after the trial session the participant does have to pay for the trial session.
(d) If the participant enrols after the trial session the client does have to pay for the trial session.
(e) There is only one evaluation session per new participant.
(f) Evaluation sessions only apply to selected PFD services. Please contact the PFD to discuss your options.
6.3 Payment terms
6.3.1 Weekly Soccer sessions: registration and fees
(a) Subject to point (b), fees are paid per session or package, and the total fee that is charged is based on the number of sessions per week.
(b) After signing the agreement, the Client pays for the agreed sessions. Full payment for those sessions is due within a week of the invoice being issued.
(c) Subject to availability, registration and payment secure the Client child’s place at each of the sessions at PFD’s selected venue, date, and time for that month.
(d) Registration rolls over into each year so the Client does not need to keep re-registering.
(e) If the Client remains registered for the next month, an invoice will be sent and must be paid in full prior to commencement of sessions at the beginning of each block that the Client is registered for.
(f) The PFD will accept cash payments at sessions.
(g) Payment is due prior to the date stated on the invoice.
(h) If payment is not received by the PFD within 7 days of the date, the PFD reserves the right to exclude the registered participant from sessions until payment is received.
(i) If the Client wishes to cancel the Clients registration, please inform the PFD office directly by email or phone.
(j) If the Client has cancelled the Clients registration and wish to register again at a later date, the Client must complete the registration process again. The Clients previous venue, date, and time will not be held once the Client has cancelled the Clients registration.
(k) If the Client terminates the Clients registration with prepaid sessions left, the Client is not entitled to a refund for any remaining sessions.
(l) Holiday-Soccer weekly soccer does not require a new registration for each Holiday-Soccer event if already registered with the PFD. Registration can be carried over to the next block of Holiday-Soccer sessions.
(m) The PFD do not issue refunds for sessions that the Clients child did not attend. At the PFD’s discretion, and on presentation of a medical certificate, the Client will be entitled to a refund for any sessions the Client paid for that the Clients child is unable to participate in for the reasons stated on the medical certificate.
(n) If a registered player is away for any reason and misses a session, and no medical certificate is available, the Client will be entitled to a makeup session in line with the PFD’s Makeup session policy:
Weekly Soccer is outlined below. Missed sessions do not comprise grounds for a refund. At its sole discretion, and on a case-by-case basis, the PFD will consider whether a credit note will be applied to an account.
(o) Siblings playing on the same day, are entitled to a discount on fees per additional sibling. If you require a sibling discount, please contact the PFD so the PFD can update the Clients invoices.
(p) Credit note terms of use: If the Client account has been issued with a credit note, the Client can use the credit note on the Clients account to purchase goods and services from PFD. The credit note cannot be exchanged for a cash refund. The credit note does not expire.
6.4 Non-delivery of goods or services
6.4.1 Cancelled or missed sessions:
(a) Weather – If a PFD session is cancelled due to poor weather conditions, the Client will be entitled to a makeup session. It is the Client responsibility to contact PFD to arrange a makeup session.
(b) Public holidays – Professional Fussball Development might hold sessions on public holidays. If a session falls due on a public holiday normal session fees + 50% Surcharge applies.
(c) Missed or forfeiture sessions for One one One / Two on One Session only – When the Client book a session, the Client place is reserved in that session and takes up space. If the Client misses a session for any reason, the Client is not entitled to a makeup session. It is the Clients responsibility to contact PFD and must give a minimum of 24 hours notice. If the Client gives less notice, the session is forfeited and a full session fee will be charged or deducted from the client account. No credits or refunds are available for cancelled or missed sessions.
6.4.2 Using Credit on the Client Account
If the PFD has authorised an account credit–and the Client choose to use this towards a Soccer session–once the Client has booked into a session, the Clients place is reserved and takes up space. If the Client:
– decide prior to the session that the Client no longer want to take the session, the Client must give a minimum of 24 hours notice. If the Client gives less notice, the session is forfeited and will be deducted and a full session fee will be deducted from the client account.
– choose not to attend the session the Client booked into, and the Client gives no notice, the session is forfeited and a full session fee will be deducted from the client account.
- HEALTH AND SAFETY
(a) The PFD and all PFD mentors care for the health and safety of all participants and parents who attend sessions, and we follow a comprehensive first-aid procedure in the event of an injury or illness.
(b) The PFD mentors are encouraged to have current certification in CPR and first aid. All mentors carry a first-aid kit.
(c) By registering and booking with the PFD, you acknowledge that the PFD takes no responsibility for personal loss or injury sustained during the PFD sessions.
(d) All children remain the responsibility of parents or guardians during sessions. In so doing, the Client warrant that the children in the Client care:
(i) will wear appropriate clothing and footwear.
(ii) will adhere to SunSmart guidelines, including wearing sunscreen and a SunSmart hat;
(iii) will bring and consume water sufficient for rehydration;
(iv) will not attend if they are unwell. This includes communicable, contagious, or notifiable illnesses;
(v) is not left unattended by you at any PFD session, service, or event at any time, unless a permission slip has been (1) completed and signed by the participant’s caregiver, and (2) approved by and given to the PFD mentor.
(e) The PFD reserves the right to exclude a participant for any reason or any time period it deems fit under these terms, including behaviour considered by the PFD to be illegal, disruptive, unruly, or dangerous.
- PHOTOGRAPHS AND VIDEOS OF SESSIONS
(a) From time to the PFD may take photos or videos of mentoring sessions to support the ongoing development of mentor delivery. This material may also be used in the marketing and advertising of the PFD services.
(b) If the Client wishes for the Clients children not to be photographed, videoed, or their image to be used in marketing, please inform the PFD when registering.
- 9. PRIVACY
- The PFD has a comprehensive Privacy policy, available at this link
(b) In summary, the PFD warrants to the Professional that the PFD take the Clients privacy seriously. The PFD does not sell, trade, or otherwise transfer to outside or third parties the Clients personally identifiable information.
(c) The PFD delivers its goods and services using a combination of onsite and virtual administration staff and contractors. All staff are bound by the same privacy provisions.
- 10. RISK MANAGEMENT
(a) The PFD has a comprehensive Risk Management policy, available at this link
(b) In summary, the PFD’s policy aims to identify potential risks, and thus minimise the potential adverse effects that these risks may pose to the PFD clients and the PFD business should they occur. The implementation of our policy also aims to create an expected and endemic culture of safe behaviour within the PFD.
- 1 NOTICE
(a) By using the Site, the Site User accepts that communication with the PFD will be mainly electronic. The PFD will contact the Site User by email or provide the Site User with information by posting notices on the Site.
(b) The Site User acknowledges that all contracts, notices, information, and other communication The PFD may provide electronically complies with any legal requirements that such documents are in writing.
(c) Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or three days after the date of posting any letter. As proof of service, it is sufficient that:
(i) For letters, the letter was properly addressed, stamped, and placed in the post; and
(ii) For emails, the email was sent to the specified email address.
- NO WAIVER
(a) If the PFD fails, at any time, to insist upon strict performance of the Site User’s obligations under these Terms, or if the PFD fail to exercise any of the rights and remedies The PFD are entitled to under these Terms, this will not constitute a waiver of such rights or remedies, and it will not relieve the Site User from compliance with the Site User’s obligations.
(b) If the PFD waive a default, it does not constitute a waiver of any subsequent defaults.
(c) No waiver is effective unless it is expressly stated by the PFD to be a waiver and is communicated to the Site User in writing as per clause 12.
- FORCE MAJEURE
The PFD shall be under no liability to the Site User in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond the PFD’s control, including but not limited to:
(a) Acts of God;
(b) Natural disasters;
(c) Sabotage;
(d) Accident;
(e) Riot;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
- 14. SEVERABILITY
If any court decides that any of the provisions of these Terms are invalid, unlawful, or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
- 15. ENTIRE AGREEMENT
(a) These Terms, and the documents expressly referred to in them, constitute the entire agreement between the Site User and the PFD, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding, or agreement between the PFD’s relating to the Services.
(b) The Site User and the PFD each acknowledge that, in entering into these Terms, neither the PFD nor the Site User relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Terms.
- 16. CHANGES TO TERMS
(a) The PFD reserves the right, in PFD’s discretion, to correct any errors or omissions in any part of the Site and Services. The PFD may restrict access to parts or the entire Site and Services at any time, including, but not limited to, content, certain features and services, hours of availability, and equipment needed for access or use, without notice or liability.
(b) Any material on the Site and Services may be out of date at any given time and the PFD is under no obligation to update such material.
(c) The PFD reserves the right, in the PFD’s sole discretion, to change, modify, add, or remove any part of these Terms, in whole or in part, at any time. notification of the changes to these Terms will be posted on the Site and will be effective immediately unless expressed otherwise.
(d) It is the Site User’s sole responsibility to periodically check these Terms for any changes. If the Site User does not agree with any of the changes to these Terms, it is the Site User’s sole responsibility to unsubscribe from the Site and Services. The Site User’s continued use of the Site and Services will be deemed as the Site User’s acceptance thereof.
(e) The PFD may assign or sublicense any of the PFDt’s rights or obligations under these terms and conditions at any time, without obtaining the Site User’s consent.