EnduranceTeam Terms & Conditions
(Updated 10 April, 2016)
These terms and conditions are the entire terms and conditions governing your relationship with EnduranceTeam. If any provision of these terms and conditions are invalid, unenforceable, illegal, or void for any reason then such provision shall be deleted or read down to the extent necessary to overcome the difficulty and the remaining terms and conditions shall be valid and enforceable.
These terms and conditions shall be governed by the law of the state of Victoria, Australia and each of you and EnduranceTeam submit to the non-exclusive jurisdiction of the courts of Victoria and Australia.
A waiver by EnduranceTeam of any breach by you of these terms shall not be deemed to be a waiver of any subsequent breach.
EnduranceTeam shall not be responsible for any failure on its part to perform its obligations under these terms and conditions if such failure is beyond the reasonable control of EnduranceTeam.
2. Registration and access
EnduranceTeam reserves the right to refuse to accept any registration or to cancel any registration at any time at EnduranceTeam’s discretion.
You must register to use the information available on our website. By completing the registration process you:-
Acknowledge that you have read and agree to be bound by these terms and conditions;
You promise that all of the registration information you provide about yourself is true, accurate, complete and up to date and that you will advise EnduranceTeam if any of your registration details change.
These terms and conditions may be varied from time to time at EnduranceTeam’s sole discretion and you will be deemed to have accepted such variation to the terms and conditions unless within seven (7) days of notification to you of the variation you cancel your registration.
Upon acceptance of your registration you will be allocated a user name/password which you will need to use to access the members section of our website.
3. Membership and Fees
Membership fees are described on the EnduranceTeam website and are subject to change at the discretion of EnduranceTeam.
By joining EnduranceTeam you agree to pay the fees described elsewhere in this site, which fees are subject to change at any time.
All fees are quoted in Australian dollars and include Goods and Services Tax.
Your registration and access to this site may be cancelled at EnduranceTeam’s sole discretion if you fail to pay any fees by the due date for payment.
The minimum membership period for EnduranceTeam memberships is three (3) months. No cancellation of membership will be accepted during the respective minimum 3 month period.
Fees are to be paid by pre arranged direct debit authority before product/s or service/s are provided. We reserve the right to increase your fees at any time after the minimum period of your membership has ended. We will make reasonable effort to inform you about this change at least 14 days prior by writing to the contact details you have provided. Where we have made reasonable effort to inform you about a fee increase, you authorise us to increase any debits from your nominated account in line with this increase unless you notify in writing within the 7 days of your intention to cancel your membership.
If at any time your fees are dishonored through your bank, then EnduranceTeam will provide 48hours in which your direct debit will then be automatically re-debited. Any time your direct debit dishonors you will incur a dishonor fee by EnduranceTeam’s Direct Debit provider as stated in their Terms and Conditions.
For more information please refer to the terms and conditions of EziDebit Direct Debit Authority.
Fees for EnduranceTeam Services other than Membership are strictly nonrefundable.
Any fees or charges that may be payable for additional services and facilities, such as Fitness testing, Altitude Training, Replacement and Equipment Hire fees, will be set out in the relevant online price list (and may be amended by us from time to time) available online at www.EnduranceTeam.com.au.
4. Joining Fee
On joining EnduranceTeam you will pay a joining fee of $50. This is a nonrefundable payment at the commencement of your membership. This is a once only payment that you will not need to pay again unless your membership is allowed to expire or is cancelled for any reason. (See below for details on Termination and Cancellation). As part of your joining fee you will receive a FREE EnduranceTeam Supporter T-Shirt and swim cap valued at $50.
5. Administration Fee
An administration fee of $10 applies when you downgrade or suspend your membership and is not refundable. This $10 administration fee will be deducted through your direct debit form. You agree to this admin fee by downgrading, suspending or cancelling your membership.
6. Athlete Identification (ID) Terms and Conditions Agreement
These Terms and Conditions form the basis of your rights and responsibilities as a EnduranceTeam Athlete Identification (ID) card holder. The Athlete ID Card is owned and operated by EnduranceTeam. Each athlete is bound by these Terms and Conditions.
- Card Use
- The Athlete ID card is to be presented at all EnduranceTeam Coached sessions, camps and events where use of the TA Tent is permitted. EnduranceTeam reserves the right to deny access to any person who fails to do so.
- Athlete ID cards are not transferable and may only be used by each athlete to whom the card is issued to. EnduranceTeam reserves the right to modify the structure, benefits and other features of the Athlete ID Card, including these terms and conditions at any time. Although EnduranceTeam will use reasonable efforts to notify athletes of material changes, it is the responsibility of athletes to keep themselves up to date in respect of all the terms and conditions of the Athlete ID Card. Any use of the ID card by an athlete will be deemed as acceptance of any amendment. EnduranceTeam will not be liable for loss or damage resulting there from.
- The Athlete ID card remains property of EnduranceTeam. Upon cancellation of a EnduranceTeam program or non-payment of program fees, all benefits associated with the Athlete ID cease immediately. The Athlete ID card must be returned within 7 days of program cancellation to EnduranceTeam. An athlete’s direct debit will remain active until the ID card has been returned. If a card has been lost and cannot be returned a $50 cancellation fee will apply.
- Replacement of Athlete ID Card
- EnduranceTeam will replace a card with a new card if it is damaged, lost or stolen. A replacement fee will be charged to the athletes’ next direct debit, current fee is $10. Athletes must contact EnduranceTeam to arrange a replacement Card by email or phone, in the case of a lost or stolen card this must be done immediately following the event.
7. Membership Suspension
EnduranceTeam members may suspend their membership for a maximum of four weeks in any given year with a minimum of one week per request subject to the approval of the EnduranceTeam General Manager or a EnduranceTeam Director. These weeks are forfeited after each year if not used that is they are not able to be accrued.
Upon each suspension of up to four weeks total per year an administration fee of $10 will be charged to your account. Suspension of your membership must be made at least 2 weeks’ prior to the start date intended suspension time.
8. Methods of Payment
Membership fees may be made via VISA, MasterCard or Direct Debit from your bank. AMEX or Diners Club will not be accepted.
9. Cancellation & Termination
Other than as stated in paragraph above the Joining Fee stated in your Membership Application is non-refundable and is payable by you when you sign these Terms. If your membership is cancelled or terminated for any reason and you subsequently wish to rejoin EnduranceTeam you will need to pay the Joining Fee and Membership Fees applicable to EnduranceTeam at that time. At this time you will be required to pay the rejoining fee but will not obtain any gifts or EnduranceTeam merchandise that is being promoted at the time of your new membership commencement.
EnduranceTeam may terminate your membership immediately by emailing or writing to you at the contact addresses we have on our records if:
- you commit a serious or repeated breach of these Terms and Conditions
- any part of your Membership Fees remains unpaid 28 days after falling due; or
- you provide us with details which you know to be false when applying for membership and these false details may have affected our reasonable decision to grant you membership
If we terminate your membership for any of these reasons we may (without limiting any other right or remedy) recover any other reasonable costs and expenses we incur as a result of your breach and collect the full amount of Membership Fees for the remainder of the then current Commitment Membership Period. We will collect any Membership fees that are outstanding when your membership is terminated. We may use a third party to assist in the collection of outstanding fees. On cancellation of your membership you will be asked to complete an online exit survey.
To terminate your membership with EnduranceTeam you must:
- Contact EnduranceTeam in writing to info@EnduranceTeam.com.au of your intention to cancel your membership
- Provide a minimum 7 working days notice plus the return of your EnduranceTeam Athlete ID. Payment will not be cancelled until your Athlete ID has been returned and we confirm receipt.
- No refunds will be provided during this time
10. Training Sessions
EnduranceTeam has the right to cancel or postpone any advertised session times or groups for any reason whatsoever. Group structure, age groups and session times/ dates are subject to change at any time. Â EnduranceTeam will do its utmost to notify you of any changes posted via email our website and Facebook page as applicable. Any changes made are at the discretion of EnduranceTeam. Participants must follow all reasonable instructions of the coach and are required to wear appropriate sporting attire.
11. Partner Benefits
The EnduranceTeam Assistance Program has been formulated to support EnduranceTeam athletes. EnduranceTeam reserves the right to modify the structure, benefits and other features of the EnduranceTeam Assistance Program including these terms and conditions at any time. Although EnduranceTeam will use reasonable efforts to notify athletes of material changes, it is the responsibility of athletes to keep themselves up to date in respect of all the terms and conditions of the Assistance Program.
Redemption of benefits through the EnduranceTeam Assistance Program is not transferable and may only be used by each member to whom the card is issued to. Redemption of benefits in store will only be honoured on presentation of the Athlete ID Card. Redemption of benefits through the EnduranceTeam Assistance Program excludes 10 session pass holders.
EnduranceTeam partners from time to time may offer limited specials related to products and/or services provided not specified within the Assistance Program. These offers are to the discretion of the partner and may be limited by number and/or time. The following terms and conditions will be enforced.
Purchases and sales made as a result of the EnduranceTeam Assistance Program are solely between the athlete, as a consumer, and the participating partner, as a seller of the product or service. EnduranceTeam has no responsibility or obligation with respect to purchases or sales (including no responsibility or obligation for disputes between an individual member and any participating partner). Accordingly, in consideration for EnduranceTeam making the Athlete ID Card available to members and participating vendors, members and participating vendors who make sales or purchases through the Athlete ID Card/Assistance Program acknowledge and agree that under no circumstances shall EnduranceTeam be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the purchase, sale or use of any products or services purchased or sold.
12. Digital Images & Media
EnduranceTeam reserves the right to use any photographs, digital images or film taken at training sessions, programs or events for the purposes of advertising, publicity, marketing or promotion. Unless written advice is received by EnduranceTeam indicating that participants do not wish to appear in such material. Â EnduranceTeam may use this material as described.
13. Risk and your health
Training and exercising may involve the risk of injury and you exercise and train using our facilities at your own risk. You also abide to subscribe to the terms and conditions of entry to our third party training facilities. Please monitor your physical condition at all times and train to a level that is appropriate given your knowledge of your health and any medical advice you have obtained. If any unusual symptoms occur immediately stop what you are doing and notify a EnduranceTeam Coach or staff member. If you believe there is a risk to your health from doing any EnduranceTeam activities, you must tell us in writing. If your medical condition changes after you join you must also notify us in writing.
On the day you join EnduranceTeam and each time you use our services, you promise us that:
- You are in good physical health
- You know of no medical or other reason why you cannot do active or passive exercise
- Exercise will not damage your health, safety, comfort or physical condition
- We may choose to refuse your membership application, until: Your Doctor agrees in writing that you are fit to participate or you show us proof that you have received medical advice on an appropriate exercise program
14. Liability Recreational Activities
In the course of training or engaging in any Recreational Activities while using any EnduranceTeam facilities, if you are killed or injured, we will not be liable except to the extent caused by our gross negligence.
In this paragraph:
recreational activities, means your participation in a sporting activity or a similar leisure time pursuit or your participation in any other activity that involves a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure.
gross negligence, in relation to an act or omission, means that the act was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission;
Please refer to the warning notice below which we are required to provide to you if you are in Victoria under the Fair Trading Act 1999 (Victoria) in relation to this limitation on our liability.
15. WARNING UNDER THE FAIR TRADING ACT (1999)
Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions mean that EnduranceTeam is required to ensure that the recreational services it supplies to you are rendered with due care and skill; and
as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and
reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier.
Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services were not rendered with due care and skill or they were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross negligence” is defined in the Fair Trading (Recreational Services) Regulations 2004.
16. Liability for supply of other services
Without limitation to information supplied in these terms and conditions and any other terms which are implied into this agreement by statute in relation to the supply of services which cannot be excluded or limited, we will ensure that the services that we provide to you are provided with due care and skill, are fit for the purpose for which they are commonly bought as is reasonable to expect in the circumstances, will correspond in the nature and quality with the services demonstrated to you, and are free from any defect rendering them unfit for the purposes for which our services are commonly acquired. To the extent permitted by law, and again without limitation unless we have breached these obligations we will not be liable for any death, injury, loss, liability or damage that you may incur as a result of the services provided by us to you.
17. Personal Details
You must keep us up to date with your contact details by amending your profile in the members section of the EnduranceTeam section of our website. In the event that you do not notify us of your change in contact details the records we have for you will constitute valid notice to you under these Terms.
We may transfer our rights and obligations under this Agreement to a third party without notice and you will continue as a member. If the third party fails to provide the same facilities and services in all material respects as provided by us you may terminate your membership upon giving Notice of Termination. Please refer to the Cancellation and Termination section of these Terms & Conditions.
We will collect personal information from you that may relate to your physical health or condition, including through your Membership Application Form, a Change of Circumstances Form and Health Check Questionnaire. Should you default on payments due to us we may notify the default to a credit reference agency or other third party to obtain payment from you. If you have any request concerning your personal information, please email info@EnduranceTeam.com.au
You must tell us about anything that affects your membership, and changes to your:
You must also notify EziDebit immediately of anything that affects your billing of your membership including your:
Nominated bank account details
18. Website – Use of chat rooms, bulletin boards and social media
If you use a chat room, bulletin board or social media on this site or those directly linked to this site then you:-
Accept sole liability for all communications you post;
Indemnify EnduranceTeam in respect of any claim or loss it suffers or incurs as a consequence of communications you have posted
Acknowledge that EnduranceTeam is not responsible for communications posted within the chat room, bulletin board or social media and that any reliance you make upon such communications or bulletin boards is at your own and sole risk entirely;
Agree that you will not post any material which violates any laws or any other party’s intellectual property rights or which is unlawful, obscene, defamatory, threatening, harassing, abusing, slanderous, hateful or embarrassing to any other person or entity; and
Your use of the chat room, bulletin board or social media shall solely be in connection with the intended purpose of this site and will not in any way injure the interests of EnduranceTeam.
EnduranceTeam reserves the right to monitor all communications in chat rooms, bulletin boards or social media for the protection of EnduranceTeam’s interests and to take any action it deems necessary to protect those interests.
19. Intellectual Property Rights – Website
You acknowledge and agree that EnduranceTeam owns all rights, titles and interest in the content, layout, design, concept and organisation of this site and copyright, and all material created for or by EnduranceTeam in forming part of this site. You agree that you will not copy, upload, transmit, reproduce, distribute or any other way exploit any of EnduranceTeam’s intellectual property rights nor do anything to hinder, impede, invalidate or challenge EnduranceTeam’s intellectual property rights.
Whilst you remain a registered user of this site, you are granted a non-exclusive and non-transferable right to view, download, print or otherwise reproduce in unaltered form a single copy of any material contained within this site.
This web site and the products, technologies or processes described in this web site may be the subject of other intellectual property rights owned by EnduranceTeam or by third parties. No licence is granted in respect of those intellectual property rights. Your use of this web site must not infringe the intellectual property rights of any person.
Except where you obtain the prior written consent of EnduranceTeam:
- trade marks (unregistered or registered) and logos must not be used or modified in any way; and
- you must not link to this web site.
The intellectual property rights for code, design and social media online strategy of www.EnduranceTeam.com.au retain copyright to EnduranceTeam; and must not be duplicated or modified in anyway except where you obtain the prior written consent of EnduranceTeam.
20. Disclaimer of liability
The content of this site is for educational and informational purposes only.
Your use of this site and its contents is at your own risk. The information contained in this site is not intended to be a substitute for professional medical advice or treatment and you are encouraged to seek medical advice in respect of any questions you have regarding a medical condition. EnduranceTeam shall not accept responsibility for any medical condition or illness or injury arising from the provision of information within this site.
EnduranceTeam makes no representation or warranty about the accuracy, reliability, completeness or timeliness of the information contained within this site or that information contained within this site is appropriate for any one individual.
EnduranceTeam hereby excludes to the maximum extent permissible by law any and all conditions and warranties that may be expressed or implied by statute, common law or otherwise, whether such conditions or warranties be as to quality, outcome, fitness, care, skill or otherwise. To the extent permitted by law, the liability of EnduranceTeam for breach of any express or implied warranty shall be the re-supply of the services or reimbursement of the cost of having those services supplied again.
To the full extent permitted by law, you hereby release EnduranceTeam from any claim of any nature arising from your registration with EnduranceTeam or use of this site.
You hereby indemnify EnduranceTeam and its Directors, officers, employees, partners, and any other associated persons from any loss or damage you or any third person suffers or incurs as a consequence of your registration with EnduranceTeam and use of its website. On acceptance of your membership you agree that EnduranceTeam will not be liable for:
Any loss, damage or theft of property belonging to, or brought into a training session by you or your guest in promotional activities such as “Bring a friend” or “One week free trial” unless caused by our gross negligence.
Any death, personal injury or illness during training sessions or membership activities including the use of facilities, equipment except where this results from our gross negligence.
22. Feedback and Complaints
Your feedback is important to us and we take your concerns seriously. We will endeavour to answer your feedback and suggest solutions to any problems. If you make a complaint you will be contacted by the General Manager or their delegate of EnduranceTeam within one week to discuss your concerns. If you feel your complaint has not been fully resolved the General Manager will raise your complaint with a Director of EnduranceTeam who will request your concern to be in writing to info@EnduranceTeam.com.au in order for it to be fully investigated. A staff panel will review your concern and write back within 21 days of your written letter.
We receive and reply to email from users on a regular basis. For record-keeping purposes we retain copies of all incoming and outgoing email. Information in the email we receive or send will not be disclosed to any third party without the permission of the sender, either express or implied, unless required by law.
In order to provide our services we need to collect, use and dispose of certain personal information about individuals, in particular our customers. We respect those individuals’ privacy, and will ensure that we deal with the information in accordance with the National Privacy Principles under the Privacy Act 1988 and the Privacy Amendment (Private Sector) Act 2000.
We will take all reasonable steps to ensure that all personal information we collect is only used for the reason it was given. We will make all reasonable efforts to store this information in a secure environment and to ensure that it can only be accessed by authorised personnel for permitted purposes. We will not sell, spam or swap any personally identifiable information that you give us with any other third party, except with contractors and related companies where they require your information to perform a business service on our behalf.