Website Terms and Conditions

• INTRODUCTION
• These terms and conditions (Terms) apply when you use this website, https://kikoff.com.au/ (Website).
• You agree to be bound by these Terms which form a binding contractual agreement between you and us, Kikoff Football Franchising Pty Ltd ABN 24 667 503 086 (Kikoff Football, our, we or us).
• If you don’t agree to these Terms, you must refrain from using the Website.
• We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.
• These Terms, together with our Privacy Policy and any other provisions set out on the Website regulating our contractual relationship (Other Terms), constitute the entire agreement between you and us in relation to your use of the Website. You confirm that, in accepting these Terms and the Other Terms, you have not relied on any representation unless expressly included in these Terms or the Other Terms, subject to your statutory rights and any claim arising from fraudulent misrepresentation resulting from our negligence.

• ACCESS AND USE OF THE WEBSITE
• You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors, and any other agents who use or access the Website comply with the Terms and any applicable laws.

• YOUR OBLIGATIONS
• You must not:
• copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without our express consent;
• use the Website for any purpose other than the purposes of browsing, selecting, or purchasing goods or services, including booking facilities or registering for competitions;
• use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
• use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
• use the Website with the assistance of any automated scripting tool or software;
• act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website;
• attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
  • gaining unauthorised access to Website accounts or data;
  • scanning, probing or testing the Website for security vulnerabilities;
  • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
  • instigate or participate in a denial-of-service attack against the Website.
• conduct any commercial activities through the Website or at our facilities, other than those expressly authorised by us in writing.

• INFORMATION ON THE WEBSITE

While we will use our best endeavours to ensure the Website is as up-to-date and accurate as possible, you acknowledge and agree that from time to time, you may encounter the following issues:

• the Website may have errors or defects;
• the Website may not be accessible at times;
• messages sent through the Website may not be delivered promptly, or delivered at all;
• information you receive or supply through the Website may not be secure or confidential; or
• any information provided through the Website may not be accurate or true.

• We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

• INTELLECTUAL PROPERTY
• We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You may also:
  • print or download extracts to a local hard disk for your personal, non-commercial use;
  • copy Website Content to individual third parties for their personal, non-commercial use, provided you acknowledge the Website as the source and inform the third party that these Terms apply and they agree to comply with them.
• You must not otherwise reproduce, transmit, adapt, distribute, sell, modify, or publish the Website or any Website Content without prior written consent from us or as permitted by law.
• You have no rights in relation to our copyright, trademarks, or other intellectual property rights, or those of third parties, even though you may use the Website.

• LINKS TO OTHER WEBSITES
• The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.
• Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
• You may provide a link to the Website from another business information or service website, but not in a manner that suggests we are associated with or have approved such website, unless agreed in writing.

• SECURITY
• We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

• REPORTING MISUSE
• If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

• PRIVACY
• You agree to be bound by our Privacy Policy, which can be found here.

• LIABILITY
• We make no warranties or representations about this Website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this Website. To the maximum extent permitted by law, we exclude liability for any inaccuracies or errors in the information and materials on the Website, and your use of such information or materials is at your own risk.
• All persons entering our premises accept responsibility for any injury or illness arising out of or in connection with their participation in activities at the premises. You acknowledge that private health insurance may cover such injury or illness, but you should verify this with your insurance provider, as this statement is not insurance or legal advice.
• To the extent permitted by law, all persons entering our premises release and discharge us, our employees, and agents from any claim, suit, demand, expense, or cost in respect of any injury or illness arising out of or in connection with their participation in activities at the premises. We, our parent, or any affiliates do not accept responsibility for any injury or loss from the use of our facilities.
• To the maximum extent permitted by law, you release and indemnify us, our related bodies corporate, directors, officers, agents, contractors, employees, and volunteers, as well as the owners or occupiers of the premises, from all liability (including for negligence) for any injury, loss, or damage arising out of or connected with your participation in activities at our facilities, including competitions. This release and indemnity extends to your heirs, executors, personal representatives, and assignees.

• USE OF FACILITIES
• Players and spectators use our facilities at their own risk. The following rules apply to all persons at our premises:
  • Climbing on fencing or netting structures is strictly prohibited.
  • No alcohol, food, or chewing gum is allowed on the pitch.
  • Glass bottles are not permitted on the premises for safety reasons.
  • Smoking is strictly prohibited in the car park, clubhouse, pitch area, corridors, or any other area within the facility.
  • Intoxicated persons are not permitted to play.
  • Children under 16 must be supervised by an adult at all times.
  • Players must vacate the pitch by the end of their allocated time without exception.
  • The person making a booking is responsible for ensuring all users comply with these Terms.
  • No animals, other than certified guide dogs, are permitted on the premises.
• We reserve the right to eject any person from the premises without refund for non-compliance with these Terms or facility rules, at the discretion of the facility manager.
• We maintain public liability insurance and workers’ compensation insurance in connection with our operations.

• BOOKINGS AND CANCELLATIONS
• All bookings must be paid in advance unless authorised by the facility manager. Cash payments require a credit card to secure the booking, and the card will be charged if you fail to attend or cancel.
• We reserve the right to cancel a booking if we cannot provide the service, with 48 hours’ notice before the scheduled time or within 24 hours of the booking being made.
• Cancellations must be made at least 48 hours before the scheduled booking time to qualify for rescheduling, via the online booking system or email. Late cancellations (within 48 hours) will incur the full booking fee unless we can resell the slot.
• Block bookings require a 20% deposit, with the balance paid prior to facility use.
• Refunds are only provided if the pitch or conditions are deemed unplayable by the facility manager due to heavy rain or electric storms. No refunds are provided for cancellations, but rescheduling is permitted up to 48 hours before the booking.

• COMPETITION TERMS
• Competitions are conducted by the local facility.
• A registration fee or deposit is payable per team, either via credit card at registration or in cash at the venue prior to the season start or first game. This fee is required to register for the competition.
• Match fees are payable in advance, on the day of the game, or via instalments as agreed. Teams paying weekly must provide secure credit card details, which will be charged for unpaid fees, forfeited games, or withdrawals.
• Teams are automatically enrolled in the following season unless notified otherwise with at least three games remaining in the current season.
• Games will not be postponed. Failure to attend a game incurs a $100 fine, reduced to $50 with 48 hours’ notice. Forfeiting or withdrawing from the competition incurs liability for match fees, including 50% of the opposing team’s fee for forfeited games, until a replacement team is found.
• Four teams proceed to finals based on season results. Finals fees are included in season fees, with no refunds for teams that do not qualify.
• By registering, you accept these Terms on behalf of your team, warranting that all team members have consented to your authority to do so.

• COMPETITION CODE OF CONDUCT
• Participants in our competitions must behave in a manner that promotes respect, dignity, and responsibility. We do not tolerate:
  • Disrespect towards any participant, including players, spectators, referees, or staff.
  • Consumption of alcohol or presence of intoxicated persons at the venue.
  • Dissent towards referees, whether physical, verbal, or visual.
  • Verbal or physical abuse towards any person at the venue.
• We reserve the right to ban individuals for a period determined by the facility manager for breaches of this code, based on the circumstances.

• GENERAL
  • GOVERNING LAW AND JURISDICTION
    • This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
  • WAIVER
    • No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
  • SEVERANCE
    • Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
  • JOINT AND SEVERAL LIABILITY
    • An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
  • ASSIGNMENT
    • A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
  • ENTIRE AGREEMENT
    • This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
  • INTERPRETATION
    • (singular and plural) words in the singular includes the plural (and vice versa);
    • (gender) words indicating a gender includes the corresponding words of any other gender;
    • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
    • (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
    • (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
    • (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
    • (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
    • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
    • (includes) the word “includes” and similar words in any form is not a word of limitation;
    • (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
    • (currency) a reference to $, or “dollar”, is to Australian currency, unless otherwise agreed in writing.