1. ABOUT THESE TERMS AND CONDITIONS
(a) These Terms and Conditions (“Terms”) govern your use of Quest Football Academy products and services. Our products and services include our website (located at www.questfa.com.au), Facebook page (located at https://www.facebook.com/QuestFootballAc/, and any other social-media channels and apps we may use from time to time, such as—but not limited to—Instagram (known together as the “Site”).
(b) In these Terms, a reference to “we”, “us”, and “our” means Quest Football Academy Pty Ltd (ABN 35 352 896 197) (“Quest Football Academy”). A reference to “you” or “your” 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 you and Quest Football Academy.
(d) These Terms form a binding contractual agreement between you and Quest Football Academy.
(e) By accessing our products and services, or both, you acknowledge and agree that you have had sufficient opportunity to read and understand the Terms, and you agree to comply with and be bound by them. If you do not agree to the Terms, please do not use our products and services.
(f) We reserve the right to modify these Terms at any time. Such modification shall be effective immediately upon uploading the modified Terms to our website. Your continued use of our products and services shall be deemed to be your conclusive acceptance of the modified Terms.
2. CONTACT INFORMATION
This is the legal contact information for Quest Football Academy:
Name: Quest Football Academy Pty Ltd ATF
Address: PO Box 356, Coorparoo QLD 4151
Phone number: 07 3890 8114
These terms explain your rights and responsibilities when using the Quest Football Academy website and Facebook page. Terms apply to your use of Quest Football Academy products and services, including the Site. By continuing to use Quest Football Academy products and services, including the Site, you are deemed to accept these Terms.
3.1 What you may do with the Site content
Use of our Site is for your general information and personal use, and it is not transferable.
3.2 Site content and services
These points acknowledge what you may reasonably expect from the Site.
You acknowledge and agree that:
(a) the Site may be unavailable from time to time;
(b) we reserve the right to alter, amend, or cease the operation of the Site at any time at our sole discretion without notice;
(c) Quest Football Academy accepts no responsibility for the accuracy of the information contained in advertisements that are placed on our Site;
(d) Quest Football Academy 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.
(e) The Site User acknowledges and agrees that although Quest Football Academy will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. Quest Football Academy shall not be liable to any person or entity for loss or damage incurred by such downtimes.
(f) 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 you must act when using the Site.
You represent and warrant to us that you:
(a) will be solely responsible for all of your activities on our Site;
(b) have the legal capacity to enter 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 (Cth)
(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, trade mark, or other proprietary rights notice;
(h) will not attempt to bypass the network firewall;
(i) will not use any part of the Site which you are not authorised to use or devise ways to circumvent security in order to access part of the Site which you are 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 you 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 we, 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, we exclude all liability in respect of loss of data, interruption of business, or any consequential or incidental damages.
(f) We are not responsible to you or anyone else for any loss suffered as a result of damage to your or another person’s computer system or the transmission of any computer virus.
(g) In no event shall we be liable for any indirect, punitive, special, incidental, or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill, or other economic advantage) 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) You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against us 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 Quest Football Academy’s aggregate liability to you exceed, in total, the amounts paid by you to Quest Football Academy.
(j) You indemnify and agree to keep us indemnified against any loss or damage or cost incurred by us in connection with your breach of these Terms or of any other legal obligation by you or your use of, or conduct on, our 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, we 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
Our Site contains links to third-party websites. We are 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. Quest Football Academy 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) We 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)We will endeavour to notify you of a breach of these Terms and ways in which you may remedy those breaches.
(d) Where we have suspended or terminated your account or access to our Site, you 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 you that the applicable law is that of the State of Queensland, Australia.
(a) This Agreement, your use of this Site, and any dispute arising out of your 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 Quest Football Academy by either a member of the public, or an employee, must be referred in the first instance to Quest Football Academy. Such a complaint should be specific and in writing. Upon receipt of a complaint, Quest Football Academy will use its best endeavours to respond to the complaint and resolve any matters arising from it within 14 days. If, following a response from Quest Football Academy, the complaint is not resolved to your satisfaction, it may be referred for consideration by the appropriate State regulatory body.
3.8 Copyright and intellectual property
These points explain to you how we protect and assert our 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)Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights on the Site.
(c)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 us for use on this Site.
(d)Reproduction of any material found on this Site is prohibited other than for your 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.
(e)Unauthorised use of the Site may give rise to a claim for damages and be a criminal offence, or both.
These points explain to you that we make every effort to keep your information secure, but at the end of the day use is at your own risk.
4.1 Security policy
(a)Quest Football Academy is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic, and managerial systems, procedures, and processes to safeguard and secure the information we collect online.
(b)We endeavour to ensure that your personal information is secure, but we will not be held responsible for any breaches of security including unauthorised access to your personal information. Your use and access of our Site is entirely at your own risk.
5. SALE OF ONLINE GOODS
(a) The steps involved in ordering and paying for goods online are as follows:
(i)Customer selects items from the online shop;
(ii)Item is added to the customer’s cart;
(iii)Customer proceeds to the online checkout to finalise the order;
(iv)Customer is required to provide billing information (i.e. address, email, phone number, and a shipping address if different to the billing address);
(v)Customer is required to confirm that they agree to the terms and conditions of sale;
(vi)Payment by credit card is available at the online checkout; or if the customer has credit available on their account, the customer may request an invoice for payment to be sent to them. This invoice is sent to the supplied email address. Options for payment are provided on the invoice. These include bank transfer, cheque, money order, or credit-card payment;
(vii)Once payment has been received the order will be processed for shipping; and
(viii)The order is shipped.
(b) The following items are available for purchase in our online shop. Customers acknowledge that this list is subject to change without notice:
(ii)Play-at-home football pack
(iii)Academy Kit (shirt, shorts, & socks)
(c) Quest Football Academy undertakes to deliver goods purchased from our online shop in a timely manner.
(i)Subject to point (ii) below, you acknowledge that delivery of all items can take up to two weeks to be delivered to your nominated address from the time payment is received by Quest Football Academy.
(ii)If offered at any time, when you order a soccer kit with personalised printing of name and number on the back of the shirt, you acknowledge that this may take up to three weeks to be delivered to your nominated address from the time payment is received by Quest Football Academy.
(d) You acknowledge our refund and return policy as follows:
(i)There are no refunds due to change of mind.
(ii)Faulty goods must be returned to Quest Football Academy within seven days of receipt of the goods.
(iii)Returned goods must be returned in the original packaging.
(iv)Quest Football Academy warrants to replace faulty goods with a new item. Quest Football Academy will not grant a refund.
(v)You are responsible for paying postage on returned goods.
(vi)Personalised shirts are not able to be returned.
(vii) You undertake to provide the correct spelling for personalised shirts. Quest Football Academy takes no responsibility for incorrect information provided by you, resulting in incorrect spelling on a personalised shirt.
(e) Goods are only available for purchase and posting within Australia. This is limited to the following states and territories Queensland, New South Wales, Victoria, Tasmania, South Australia, Western Australia, Australian Capital Territory, and Northern Territory.
6. USE OF GOODS AND SERVICES
This section explains the terms and conditions relating to the use of ALL Quest Football Academy goods and services, such as, but not limited to: weekly training, team-building days, birthday parties, and match-play events.
6.1. Products and services provided
(a)Quest Football Academy provides the following services (this list is not exhaustive):
(i) Weekly training
(ii)Academy Kit (delivered to you via courier)
(iii) Birthday Parties
(v)Book a Coach
6.2 Trial sessions
Quest Football Academy training sessions
(a) Trial sessions are available subject to availability, and you agree to book your trial session online on the website.
(b)The trial session is free.
(c) If you do not enrol after the trial session, you do not pay anything further.
(d)If you enrol after the trial session, term fees are pro-rata for that part term.
(e) There is only one trial session per new participant.
(f)If you register for a trial session, and can no longer can attend, no refund is applicable.
6.3 Payment terms
6.3.1 Training sessions, 1-2-1 Soccer, Book a Coach, & Academy Kit
(a) Subject to point (b), fees are paid per term, and the total fee that is charged is based on the number of weeks set in that term.
(b) If you register after the start of the term, you only pay for the remaining sessions in that term and for the Academy Kit. Full payment is due at the time of booking.
(c) Your Academy Kit is purchased at the time of booking and is compulsory.
(d) Subject to availability, registration and payment secures your child’s place at each of the sessions at your selected venue, date, and time for that term.
(e) Once you are registered and paid, you will automatically secure your place for that term, at your selected venue, date, and time.
(f) You are automatically enrolled and billed for each ongoing term until you cancel using your online account. You are not locked in and you can cancel at any time.
(g) If payment is not received by Quest Football Academy, Quest Football Academy reserves the right to exclude the registered participant from sessions until payment is received.
(h) If you wish to cancel your registration, cancel online using your customer account. You may continue to play for any sessions you have already paid for.
(i) If you have cancelled your registration, and wish to register again at a later date, you must complete the registration process again. Your previous venue, date, and time will not be held once you have cancelled your registration.
(j) If you terminate your registration mid-term, you are not entitled to a refund for any remaining sessions.
(k) Fees may vary from term to term.
6.3.2 Allocation of coaches
(a)Allocation of coaches to sessions and services is at the sole discretion of Quest Football Academy. If a customer has a preference for a particular individual coach, and the customer has been allocated a different coach, this preference is under no circumstances grounds for a refund or credit note.
6.3.3 Birthday Party bookings and fees
(a) Quest FA hosts its Birthday Party events at its sole discretion.
(b) Booking dates and times are subject to availability.
(c) Obtaining a suitable venue, and obtaining permissions to use the venue, is your sole responsibility.
(d) You agree to pay the full amount immediately upon confirmation of your booking.
(e) If you wish to cancel your booking, the following cancellation policies apply:
10 days’ notice = full refund
<10 days’ notice, but >2 hours’ notice = voucher
<2 hours’ notice = no refund, no voucher.
(g) Locality charges may apply: If the event is located further than 60 km from a base location of the Brisbane CBD.
(h) If you wish to cancel your booking, and you have not yet paid for that booking, the following payment policies apply:
10 days’ notice = you are not liable to pay for the booking
<10 days’ notice = you are still liable to pay for the booking in full
The cancellation policy at point (e) above applies, with regard to vouchers.
(i) 10% off for weekday bookings from 4pm applies to the Birthday Party component of the booking only and is subject to availability. 10% off for weekday parties does not apply to generator hire, inflatable hire, or hard-copy invitations.
6.3.4 Hungerball and Teqball hire booking and fees
(a) If you hire Hungerball or Teqball you will pay: (1) a generator-hire fee if applicable; and (2) an hourly hire rate.
(b) Quest FA will send you an invoice request at the time we confirm your booking and inflatable availability. Payment is required within 7 days or before the event, whichever comes first. Payment secures your booking. We may at any time change these terms to require immediate payment.
(c) If you wish to cancel your booking, the following cancellation policies apply:
10 days’ notice = full refund
<10 days’ notice, but >2 hours’ notice = voucher
<2 hours’ notice = no refund, no voucher.
(e) Quest FA provides Hungerball or Teqball for use and hire at its sole discretion. Quest FA reserves the right to allow or refuse hire to whomever it so chooses.
(f) Locality charges may apply: If the event is located further than 60 km from a base location of the Brisbane CBD.
(g) If you wish to cancel your booking, and you have not yet paid for that booking, the following payment policies apply:
10 days’ notice = you are not liable to pay for the booking
<10 days’ notice = you are still liable to pay for the booking in full
The cancellation policy at point (c) above applies, with regard to voucher.
6.4 Non-delivery of goods or services
6.4.1 Cancelled or missed sessions: ALL Quest Football Academy-related activities
(a) Make-up Sessions for Missed Sessions – If you miss a session, we may offer a make-up session at any alternative locations, or at your regular location, for any sessions you have missed. Your makeup will appear in you customer account and expires four weeks after the missed session.
(b) QFA-Initiated Cancellations – In the event of a QFA-initiated cancellation, we will arrange a make-up session at a new date and time and let you know.
(c) If you are not able to make the new date and time, there is no further make-up session under offer, and you forfeit the session.
(d) Refunds for Missed Sessions – We do not offer refunds for any missed sessions, unless you present a medical certificate.
(e) Medical Certificate for Missed Sessions – When you miss a session/s due to illness or injury, and you obtain a medical certificate and email us a copy, we will give you a refund for the missed session/s covered by the medical certificate. We will only process a refund when we receive an emailed copy of the medical certificate.
(f) Account Voucher for Missed Sessions – We do not offer any form of account voucher for missed sessions.
(g) Mid-Term Registrations – If you register after the start of the term, you only pay for the remainder of the sessions in the term.
(h) Camps – If we cancel a camp session, or you miss a camp session, we will offer you a voucher to use at a subsequent camp, provided you notify us before the end of the day of the camp you missed.
7. HEALTH AND SAFETY
(a) Quest Football Academy and all Quest Football Academy coaches 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) Quest Football Academy coaches are encouraged to have a current certification in CPR and first aid. All coaches carry a first-aid kit. More information is available in our Risk Management policy (https://www.questfa.com.au/riskmanagementpolicy/).
(c) By registering and booking with Quest Football Academy, you acknowledge that Quest Football Academy takes no responsibility for personal loss or injury sustained during Quest Football Academy sessions.
(d) All children remain the responsibility of parents or guardians during sessions. In so doing, you warrant that:
(i)the child in your care will wear appropriate clothing from the Academy Kit and appropriate footwear.
(ii)the child in your care will adhere to sunsmart guidelines, including wearing sunscreen and a sunsmart hat;
(iii)the child in your care will bring and consume water sufficient for rehydration;
(iv)the child in your care will not attend if they are unwell. This includes communicable, contagious, or notifiable illnesses;
(v)you assume all risk, even if you leave the child in your care unattended by you at any Quest Football Academy session, service, or event at any time. Parents/carers must be in attendance at team-building days.
(e)Quest Football Academy reserves the right to exclude a participant for any reason or any time period it deems fit under these terms, including behaviour considered by Quest Football Academy to be illegal, disruptive, unruly, or dangerous.
8. PHOTOGRAPHS AND VIDEOS OF COACHING SESSIONS
(a)From time to time Quest Football Academy may take photos or videos of sessions to support the ongoing development of coaching delivery. This material may also be used in the marketing and advertising of Quest Football Academy services.
(b)If you wish for your child not to be photographed, videoed, or their image to be used in marketing, please inform Quest Football Academy when registering.
9. INQUIRIES AND COMPLAINTS
(a)Quest Football Academy undertakes to respond to inquiries within one to four business days.
(b)Quest Football Academy undertakes to respond to complaints within one to two business days.
(c)As a first point of contact, complaints are dealt with by one of the Quest Football Academy administration staff. If a satisfactory resolution is not reached, the complaint will be escalated to the Office Manager.
(b) In summary, Quest Football Academy warrants to you that we take your privacy seriously. We do not sell, trade, or otherwise transfer to outside or third parties your personally identifiable information.
(c) Quest Football Academy 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.
11. RISK MANAGEMENT
(a) Quest Football Academy has a comprehensive Risk Management policy, available at this link (https://www.questfa.com.au/riskmanagementpolicy/).
(b) In summary, our policy aims to identify potential risks, and thus minimise the potential adverse effects that these risks may pose to our clients and our business should they occur. The implementation of our policy also aims to create an expected and endemic culture of safe behaviour within Quest Football Academy.
(a) By using the Site, the Site User accepts that communication with us will be mainly electronic. We 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 we 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.
13. NO WAIVER
(a) If Quest Football Academy fails, at any time, to insist upon strict performance of the Site User’s obligations under these Terms, or if we fail to exercise any of the rights and remedies we 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 we waive a default, it does not constitute a waiver of any subsequent defaults.
(c) No waiver is effective unless it is expressly stated by Quest Football Academy to be a waiver and is communicated to the Site User in writing as per clause 12.
14. FORCE MAJEURE
Quest Football Academy 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 Quest Football Academy’s control, including but not limited to:
(a) Acts of God;
(b) Natural disasters;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
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.
16. ENTIRE AGREEMENT
(a) These terms, and the documents expressly referred to in them, constitute the entire agreement between the Site User and Quest Football Academy, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding, or agreement between Quest Football Academy relating to the Services.
(b) The Site User and Quest Football Academy each acknowledge that, in entering into these Terms, neither Quest Football Academy 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.
17. CHANGES TO TERMS
(a) Quest Football Academy reserves the right, in Quest Football Academy’s discretion, to correct any errors or omissions in any part of the Site and Services. Quest Football Academy 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 Quest Football Academy is under no obligation to update such material.
(c) Quest Football Academy reserves the right, in Quest Football Academy’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) Quest Football Academy may assign or sublicense any of Quest Football Academy’s rights or obligations under these terms and conditions at any time, without obtaining the Site User’s consent.
Trial sessions are available subject to availability, and you agree to book your trial session online on the website.g