Terms & Conditions

Neil Young Football Academy (NYFA) owns and operates the website with web address https://neilyoungfootballcademy.com.au (Website).  Access to and use of this Website and the Programs listed on the Website (collectively referred to as Services) are subject to the terms and conditions (Terms) set-out in this document.

By accessing, browsing, or using this Website or the Services you agree that you have read, understood and agree to be bound by these Terms and all applicable laws, and you acknowledge that this Website and the Services are available for your use only on the condition that you agree to be bound to these Terms.

NYFA reserves the right to revise and update these Terms by making any changes it deems appropriate. NYFA will notify you as soon as reasonably practicable after such changes have been made.  The revised terms will take effect when they are posted on the Website and your continued usage of this Website and/or the Services after any changes to these Terms will mean you accept those changes.

Definitions

(a) Applications means applications to register for the Programs submitted through our Website or by directly contacting us;

(b) NYFA Official Uniform means the player apparel included in the Academy Package;

(c) Guardians means the legal guardians of Registered Players enrolled in the NYFA;

(d) Intellectual Property means all present and future industrial and intellectual property rights relating to the Website, Services, Programs, Materials, and/or us, including, without limitation:

(i) inventions, patents, copyright, trade business, company or domain names, rights in relation to registered designs, registered, and unregistered trademarks, knowhow, trade secrets and the right to have Confidential Information kept confidential, and any and all other rights to intellectual property which may subsist anywhere in the world; and

(ii) any application for or right to apply for registration of any of those rights.

(e) Materials means all of the materials displayed on the Website or through the Programs, including (without limitation) all information, text, graphics, names, logos, trademarks, design, software and advertisements;

(f) Programs means all football training programs and camps provided by us;

(g) Registered Players means individuals that are enrolled to participate in the Programs; and

(h) you and your refers to anyone who visits the Website and/or is provided access to the Services.

1 Obligations of Registered Players

(a) Registered Players will attend all training sessions of the Program(s) they registered for until completion of the Program(s),

(b) Registered Players are responsible for their behaviour and conduct during training sessions and camps.

(c) Registered Players must attend the training sessions in accordance with the timetable that relates to their Program prescribed by NYFA.

(d) Any late attendance to or absence from the training sessions will be recorded for the purpose of our final evaluation.

(e) If Guardians wish to remove the Registered Player during a training session, they must inform us prior to the commencement of the session.

2 Apparel and Other Requirements

All Registered Players:

(a) must wear the NYFA Official Uniform, appropriate footwear (trainers or football boots, depending on the surface), together with a sun hat (and all other apparel specified by us) during training sessions;

(b) aged 5 years and over must wear football shin guards during training sessions;

(c) where appropriate, must apply sunscreen before the commencement of training sessions; and

(d) must bring their own water bottles and ensure they consume enough fluid during the sessions.

3 Ownership of Facilities, Equipment and Other Materials

(a) All facilities, equipment and property provided to the Registered Player in connection with the Programs remain (at all times) the property of the NYFA. You and any Registered Player must not use, take, or possess our properties without our consent.

(b) If you use our property without our consent, and such property is lost or damaged, you will be liable for replacing or compensating us for that property.

4 Medical Assistance/First Aid

(a) Where Guardians for a Registered Player are unable to be (or it is impracticable for them to be) contacted, the Guardians hereby authorise us (i.e. directors, coaches or any staff of ours) to:

(i) consent to the Registered Player receiving medical assistance as recommended by a medical practitioner in the event of any illness or accident;

(ii) administer or consent to such first aid for them if we consider it to be reasonably necessary; and

(iii) in case of emergency, call for an ambulance;

(b) Guardians hereby agree and accept all risks involved in the administration of medical or first aid treatment mentioned in clause 4(a) and will reimburse us for all expenses incurred in relation to such treatment, including the costs of medication, the costs of engaging a general practitioner, and ambulance or any transportation fees.

5 Postponing, Rescheduling and Cancellation of Sessions

(a) Training sessions of the Programs may be cancelled, postponed, or rescheduled if a training session is scheduled on any of the following;

(ii)  a  day that is a government mandated South Australian public holiday

(ii)  a day where the forecast maximum temperature is 32 degrees or above; or

(iii) at a time when the training field is affected by extreme weather conditions, including storms, flooding and hail (collectively, Extreme Weather)

(b) We may cancel a training session if there are less than 12 Registered Players participating in the session.

(c) If we cancel, postpone or reschedule a session, we will notify the Guardians via SMS, email or phone call prior to the commencement of the session.

(e) Where possible, Guardians of Registered Player must provide the NYFA four (4) hours’ notice either by SMS, email or phone call if the Registered Player is unable to attend a training session.

6 Fees

1. We only accept payments from Guardians for the Registered Players who wish to register for our Programs (Registration Payment).
2. The Fees must be paid in full prior to Registered Players participating in any NYFA training sessions.
3. We will not provide any refunds for the Registration Payment after receipt of the payment, unless provided for under the Competition and Consumer Act 2010 (Cth).

7 Advertising and Marketing

(a) You acknowledge and agree that we may capture images and recordings of the Registered Players (Content) during training sessions and other events organised by the NYFA.

(b) The Guardian consents to the NYFA using the Content for our marketing and promotional purposes.

(c) We reserve the right to use the Content in publications, promotional materials, on our Website and our social media platforms for the purpose of promoting our business, unless you expressly, and in writing, notify us otherwise.

8 Refusal and Termination of Registration

(a) We reserve the right to refuse Applications at any time, for any reason, at our discretion.

(b) We may remove a Registered Player from a training session and/or the Program (and terminate their right to, in future, participate in the same) immediately:

(i) if the Registered Player physically or verbally abuses another Registered Player, members of the public and/or our staff members; or

(ii) if the Registered Player or their Guardians commit a material breach of these Terms (as determined by us); or

(iii) for any other reason determined by us.

9 Termination

Notwithstanding any of these Terms, we reserve the right, without notice, and in our sole direction, to terminate your access to our Services.

10 Ownership, Licences and Site Access

(a) You acknowledge that:

(i) all rights, title and interest in the Intellectual Property, anywhere in the world, belong to the NYFA or our licensors;

(ii) all rights in relation to the Intellectual Property are licensed (not sold) to you;

(iii) you hold no proprietary rights, title, or interest in the Intellectual Property, other than the right to use such property in accordance with these Terms; and

(iiii) nothing contained in these Terms shall be construed as an assignment or transfer of the Intellectual Property to you.

(b) We grant you a limited, royalty-free, non-exclusive, non-transferrable, non-sublicensable, revocable, licence to use the Intellectual Property to access the Website and Services for personal and non-commercial purposes only. You acknowledge and understand that you are solely responsible for your use of the Intellectual Property, Website and Services in this regard (including any other party’s use of your account).

(c) You undertake and agree that you will not (and will not allow any person using your account to), without our prior written consent:

(i) rent, lease, sublicence, loan, sell or use for commercial purposes, the Intellectual Property, Website and/or Services;

(ii) modify, adapt, translate, reverse-engineer, decompile, disassemble, or make derivative uses of, the Intellectual Property, Website and/or Services;

(iii) copy, imitate, mirror, reproduce, distribute, disseminate, publish, download, display, perform, post or transmit any Intellectual Property in any form or by any means;

(iv) use the Intellectual Property, Website and/or Services in a way that may (or does) damage, disable, overburden, interfere with, or adversely affect the functionality of the Intellectual Property, Website and/or Services;

(v) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website, or collect any information from the Website or Services;

(vi) use the Intellectual Property, Website and/or Services in a way that may (or does) bring our business, the Website or Services into disrepute;

(vii) use the Intellectual Property unlawfully, in an inappropriate way or in a manner inconsistent with these Terms;

(viii) infringe our rights (or the rights of any third parties) in relation to the Intellectual Property;

(ix) bypass or avoid our security features or measures which have been implemented on the Website or in connection with the Services (or attempt to do the same); and

(x) apply to register, or challenge the validity of, the Intellectual Property.

11 Privacy

(a) We will collect personal information and other information that is relevant to the Service that you have requested or to enable us to respond to your enquiry.

(b) You must disclose whether your child(ren) suffer from any medical conditions, and if so, the specific medical conditions before registering for our Programs.

(c) We collect, use and disclose the personal information and other information that is provided to us in accordance with the Privacy Act 1988 (Cth) and Australian Privacy Principles, and our Privacy Policy (as adopted from time to time).

12 Disputes

In the event of any dispute under these Terms:

(a) you will notify us of the complaint using the contact details provided in these Terms;

(b) we will review your complaint and request any further information that we may require;

(c) you and we will both negotiate in good faith to resolve the dispute; and

(d) you agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.

13 Limitation of Liability

(a) We accept no responsibility for any loss or damage to any personal property during our Programs.

(b) We accept no responsibility for any injury, death, loss or damage to the Registered Players during the Programs.

(c) The Registered Players participate in the Programs at their own risk.

(d) Guardians understand and are fully aware of the risks associated with their child participating in the activities provided by us.

(e) The Guardian of the Registered Player shall indemnify us and our staff against all actions, suits, proceedings, demands, costs and expenses which may be taken or made against us.

14 Release and Indemnity

(a) You discharge and forever release us from any claim, loss, actions, proceedings, demands, costs, expenses and liability relating to your use of the Website and/or the provision of the Services.

(b) You hereby defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, loss, actions, demands, liabilities and settlements, arising in connection with your use of the Website and/or the Services, and/or your breach of these Terms.

15 Events Outside Our Control

(a) We will not be liable or responsible for any delay in or failure to comply with these Terms if such delay or failure is caused by circumstances beyond that party’s reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (Event Outside Our Control).

(b) If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms, our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control, and we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.

16 Entire Agreement

These Terms constitute the entire agreement between you and us with respect to this Website and the Services, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Website and the Services.

17 Variation

(a) These Terms may be amended or varied by us, at any time, for any reason, at our discretion, and may not be amended or varied in any other manner.

(b) While we will use reasonable endeavours to notify you as soon as such variations have been made, you are required to revisit these Terms to ensure that these conditions have not changed.

(c) The new terms may be displayed on screen and you may be required to read and accept them to continue your use of the Website and/or Services.

18 Assignment

We may assign these Terms and our rights or delegate our obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and our successors and assignees. You may not assign these Terms to another person or entity without our prior written consent.

19 Waiver

Enforcement of these Terms is solely at our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

20 Severability

Each of the conditions of these Terms operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

21 Governing law

These Terms will be governed by and construed in accordance with the laws of the State of South Australia. You submit to the non-exclusive jurisdiction of the state and federal courts located in South Australia for the resolution of any disputes.

22 Contact Us

If you have any questions or suggestions regarding these Terms, please contact us at:

Email: neil@neilyoungfootballacademy.com.au

Mobile: 0406 899 989