HERE ARE OUR TERMS AND CONDITIONS (TERMS). PLEASE CONTACT US AT HELLO@PLAYBOOK.COACH IF YOU
HAVE ANY OTHER QUESTIONS.
LIFE ATHLETICA PTY LTD (ACN 609 970 961) TRADING AS PLAYBOOK AUSTRALIA (PLAYBOOK, WE OR US) OPERATES AN ONLINE PLATFORM (SERVICES) ALLOWING USERS (USER OR YOU) TO CONNECT ACROSS AUSTRALIA THROUGH PLAYBOOK’S PLATFORM INCLUDING THROUGH OUR WEBSITE AT HTTPS://WWW.PLAYBOOK.COACH, MOBILE APPLICATIONS AND ANY OTHER PLATFORM WE MAY INTRODUCE IN THE FUTURE (PLATFORM).
By using the Platform or our Services You are taken to confirm that You agree to be bound by
1. SCOPE OF SERVICES
1.1 PlayBook provides a platform (Services) for connecting individuals who wish to receive sports coaching (Athletes) with people who are sports coaches (Coaches). The Services to be provided by PlayBook will be reviewed and updated from time to time. In addition to the points set out below, certain portion(s) of the Services may be separately described on the Platform.
1.2 A reference to “User” or “You” in this Agreement includes Coaches, Athletes and any other person that visits or views the Platform.
1.3 A User creates an account with PlayBook when s/he validly completes a registration form on the Platform or through an external process as communicated by PlayBook from time to time.
1.4 PlayBook provides the Platform only. Apart from enabling an Athlete to find a Coach to provide a particular coaching service, PlayBook accepts no liability for any aspect of the interaction or engagement between a Coach and an Athlete, including but not limited to the description and performance of services.
1.5 PlayBook has no obligation to any User to assist or involve itself in any way in any dispute between a Coach and an Athlete.
1.6 All information related to coaching services to be performed by the Coach is supplied by the Coach.
1.7 Unless expressly stated to the contrary, PlayBook does not have any ability or responsibility to review, approve or verify any Athlete provided information prior to publication on the Platform.
1.8 You expressly agree that PlayBook has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users (including all Coaches and Athletes), including, but not limited to, the ability of Coaches to perform services, or the honesty or accuracy of any information provided by Athletes or the Athlete’s ability to pay for the services requested.
2. OVERVIEW OF PLATFORM FUNCTIONALITY
2.1 A Coach with an ability to perform coaching services (1) creates an account with PlayBook, (2) sets up a profile that displays the Coach’s qualifications, availability, location and coaching rates (Coach Profile) and (3) reviews and then accepts or declines Booking Requests sent by Athletes.
2.2 An Athlete who wishes to engage a Coach to provide coaching services (1) creates an account with PlayBook, (2) reviews the Coach profiles displayed on the Platform and (3) sends a booking request to the preferred Coach for a Coaching Session (Booking Request). Booking Requests are subject to further terms set out for Booking Requests below.
2.3 The Booking Request will be limited to the Athlete that sends the Booking Request or to any person nominated by the Athlete (ie. where a parent or guardian nominates their child) unless the Booking Request is a Group Booking or the Coach specifically approves the attendance of other athletes. The Athlete acknowledges and agrees that a Group Booking may have a differing Coaching fee structure so additional fees may be incurred if any additional person(s) attend the Coaching Session.
2.4 A Coach has up to 24 hours prior to the Coaching Session to respond to a Booking Request. If a Coach wishes to provide coaching services to the Athlete, the Coach can choose to accept the Booking Request using the functionality on the Platform and in doing so, the Coach confirms that s/he is legally entitled to and capable of providing the services described in the Booking Request.
2.5 When a booking is made, a pre-authorisation is used to place a hold on the funds in the Athlete’s nominated account in the amount of the Coaching Fee for a period of 7 days prior to the Coaching Session. PlayBook will notify the Athlete if the pre-authorisation has failed (ie. due to insufficient funds). PlayBook will attempt the pre-authorisation three (3) times on a daily basis following the first failed attempt. The fourth attempt will be the final pre-authorisation attempt (Final Pre-authorisation). If the Final Pre-authorisation fails or 24 hours prior to the Coaching Session, the Booking Request will be cancelled. The Athlete may update the details of the nominated account or credit card at any time until the Final Pre-authorisation.
2.6 The Coaching Fee will be directly deducted from the Athlete’s nominated account not earlier than 24 hours prior to the Coaching Session (provided the Coach has accepted the Booking Request). This amount will be held for release to the Coach in accordance with clause 10 or otherwise be dealt with in accordance with this Agreement.
2.7 If a Coach fails to respond to a Booking Request within the timeframe set out in clause 2.4 above, the Booking Request will lapse and the Athlete will be notified that the Coach has not accepted the Booking Request in time. The Coach will then be under no obligation to provide coaching services to the Athlete and the funds placed on hold via pre-authorisation will be released to the Athlete.
2.8 A Coach may accept or decline a Booking Request at his/her discretion. If a Coach declines the Booking Request the funds placed on hold via pre-authorisation are released to the athlete.
2.9 Once a Coach has accepted a Booking Request and the Coaching Fee is being held by way of pre-authorisation, the Athlete and the Coach will be deemed to have entered into a separate contract (Coaching Contract) under which the Coach agrees to provide, and the Athlete agrees to accept, coaching services (Coaching Session) for an agreed fee (Coaching Fee).
2.10 The terms of the Coaching Contract incorporate the terms of this Agreement (to the extent they apply to the Athlete and the Coach) and any additional terms and conditions agreed between the Athlete and the Coach, including the description and price of the services to be provided. You agree not to enter into any contractual provisions in a Coaching Contract that conflict with this Agreement. The terms of this Agreement incorporated into a Coaching Contract take priority over any other terms agreed between an Athlete and a Coach in the Coaching Contract to the extent of any inconsistency.
2.11 A Coach and an Athlete may communicate directly using the PlayBook private messaging service. Each time a PlayBook User receives a message from the PlayBook messaging service, a notification may be sent to the User via their currently active communication channel.
2.12 An Athlete may cancel a Coaching Contract by providing not less than 24 hours’ notice prior to the Coaching Session using the functionality on the Platform without incurring any fees to the Coach. However, if an Athlete cancels a Coaching Session within 24 hours prior to the Coaching Session, the Athlete must pay the Coaching Fee in respect of that Coaching Session in full.
2.13 The Coach must provide the Coaching Session to the Athlete in accordance with the Coaching Contract, unless the services are prohibited by law, by this Agreement, an agreement between the User and the Payment Provider or by any of our Policies.
2.14 Once a Coach has provided the relevant Coaching Session in accordance with the Coaching Contract, the Coaching Fee will be automatically released from PlayBook for payment to the Coach after the deduction of the relevant fees payable to PlayBook in accordance with this Agreement.
2.15 Once a Coaching Session is concluded, Athletes are strongly encouraged to complete a PlayBook review using the feedback and review features on the Platform. PlayBook will, from time to time, contact You to remind You to complete a PlayBook service review. PlayBook has the right to edit or remove reviews as it sees fit.
3. COACH PROFILES AND COACH OBLIGATIONS
3.1 A Coach provides the following details in order to be accepted and eligible for verification by PlayBook:
(a) Personal details: name, mobile phone number, home address, date of birth and email address of the Coach;
(b) Photograph of the Coach (to be displayed on the Platform);
(c) Availability: the proposed dates and times for any Coaching Sessions;
(d) Location: the proposed location(s) for any Coaching Session;
(e) Coaching Fee / Prices: the fee that the Coach will charge for the Coaching Session;
(f) Qualifications: a complete and detailed list of all qualifications held by the Coach;
(g) Checks: a current Working with Children Check;
(h) Biography / Extended Biography: coaching and/or sporting history and biography together with a description of the coaching services and expertise the Coach provides and any other relevant details;
(i) Sport/s: a list of all sports for which the Coach wishes to provide Coaching Sessions;
(j) City (Homeground): the main location of the Coaching Sessions;
(k) Bank details: bank account details to be used for receiving payments by EFT;
(l) Verification documents:
(i) copy of current driver’s licence;
(ii) Australian or New Zealand passport or birth certificate or citizenship document;
(iii) if not a citizen of Australia or New Zealand, valid visa with work rights;
(iv) copy of current working with children card; and
(v) copy of all relevant coaching qualifications.
3.2 Any Coach who is not an Australian or New Zealand citizen must provide to PlayBook all details and authorisations necessary for PlayBook to verify on Visa Entitlement Verification Online (VEVO) that the Coach has the right to work in Australia.
3.3 Coaches must describe the coaching service fully and accurately and include all terms of supply that the Coach wants to apply, as well as any information required by law. You must have the legal right to use any content (including imagery) that You post.
3.4 The Coach acknowledges and agrees that the Coaching Fee is the total fee payable by the Athlete. The Coach is exclusively responsible for any amounts necessary to pay for any facility or equipment hire required for the Coaching Session.
3.5 A Coach Profile will only be posted to the live Platform once PlayBook is satisfied that sufficient information has been provided by the Coach and that the verification process has been carried out to PlayBook’s satisfaction.
3.6 PlayBook may, in its sole discretion, remove any Coach Profile from the Platform at any time for any reason.
3.7 Each Coach must provide all equipment necessary to provide the coaching services at the Coaching Session.
3.8 Each Coach must, before accepting any Booking Request, ensure that they have a current and valid entitlement to provide the coaching services at the proposed location or facility.
3.9 A Coach must not enter into any agreement or arrangement with an Athlete in respect of the Coach’s services (External Arrangement) other than through a Coaching Contract entered into via the Platform. If and to the extent a Coach breaches this provision, without limiting PlayBook’s rights, the Coach agrees and acknowledges that: (a) PlayBook will suffer loss and damage, (b) PlayBook is entitled to seek to recover damages from the Coach for, or otherwise withhold from any amounts owing to the Coach, an amount equal to 15% of the funds received by the Coach in respect of the External Arrangement, and (c) such amount is PlayBook’s genuine pre-estimate of the loss and damage that it will suffer in those circumstances.
4. BOOKING REQUEST
4.1 In accepting a Booking Request, a Coach agrees to provide the relevant services within the timeframe and on the terms and conditions specified in the Booking Request (unless the Coach and the Athlete agree to vary such terms).
4.2 Once a Coach accepts a Booking Request from an Athlete, no further negotiations are permitted on the Platform in relation to the provision of the relevant services and the terms specified in the Booking Request are the agreed terms. If, after the Booking Request is accepted, the Coach and Athlete wish to negotiate on the proposed Coaching Session time, day or location they may use the PlayBook private messaging system at their own risk. All other negotiations and the resolution of any disputes must be done outside the Platform.
4.3 Athletes may withdraw any Booking Request at any time prior to it being accepted by a Coach.
5. PAYMENT, REFUNDS AND CREDIT
5.1 The Coaching Fee must be made available by the Athlete in accordance with this Agreement no later than 24 hours prior to the Coaching Session using the functionality on the Platform. The Coaching Fee will be held by way of pre-authorisation and used to pay the Coach and PlayBook in accordance with this Agreement.
5.2 The User may elect to use a promo code to pay the Coaching Fee, subject to the applicable terms of the promo code.
5.3 If the Athlete and the Coach mutually agree to cancel the Coaching Contract or if after a Booking Request has been made and accepted, following reasonable attempts by an Athlete to contact a Coach (as verified by PlayBook to its satisfaction) to perform the Coaching Contract without success, PlayBook is satisfied that the Coaching Fee should be refunded and there is no dispute between the Athlete and the Coach, then PlayBook will refund the Coaching Fee back into the Athlete’s nominated account and will not deduct the Service Fee. To facilitate such refund, the Athlete must contact PlayBook as soon as possible providing all necessary details for PlayBook to investigate and administer the Athlete’s claim.
5.4 If a Coach does not attend a Coaching Session, the Athlete must advise PlayBook as soon as practicable, but ideally within one hour of the planned commencement of the Coaching Session, of the fact. PlayBook will investigate and administer the Athlete’s claim and determine any necessary refund or credit.
6. PAYMENT FACILITY
6.1 PlayBook may use a related entity or a third party service provider to provide payment services acting as a payment facilitator on behalf of the Athlete and Coach (Payment Provider).
7. PROFILE VERIFICATION
7.1 PlayBook may include tools to help PlayBook Users to verify the identity, qualifications or skills of Coaches (Identity Verification Services). These tools may include: mobile phone verification technology, verification of payment information, a "Review" feature (allowing a User of the PlayBook Service to post a review of a Coach on the Platform), integration with Google Maps, and integration with apps (such as Calendars) and social networking sites such as Facebook, Instagram, Twitter and Linked In
7.2 You agree that the Identity Verification Services may not be fully accurate as all PlayBook Services are dependent on information supplied by Users and/or information or verification services provided by third parties.
7.3 Platform Users are solely responsible for identity verification and PlayBook accepts no responsibility for any use that is made of an Identity Verification Service.
7.4 The Identity Verification Services may be modified by PlayBook at any time without prior notice.
7.5 The Platform may also include a User-initiated feedback system to help evaluate PlayBook Users.
7.6 PlayBook may from time to time verify (or procure verification by a third party provider of) the supporting documents that are supplied by the Coach in relation to a Coach’s profile, such as police checks, working with children checks or other verifiable information (such as certifications, qualifications, licenses or other skills) and display this verification status on the Coach’s profile (Verified Item).
7.7 Obtaining verification of any document and displaying a Verified Item will be at the Coach’s cost and may be subject to the provision of certain information or documentation by the Coach as determined by PlayBook or a third party verifier subject to its terms. It remains the Coach’s responsibility to ensure that information or documentation the Coach provides in supplying a Verified Item is true and accurate and must inform PlayBook immediately if a Verified Item is no longer valid
7.8 PlayBook retains the discretion and/or right to not verify, or remove without notice to you, the description of the Verified Item from a Coach’s profile if a Coach is in breach of any of the terms of this Agreement, the Verified Item has been verified incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by PlayBook.
8. ELIGIBILITY TO REGISTER
8.1 A PlayBook account can only be created in the name of an individual. However, a PlayBook User registering as a Coach or Athlete may specify within the ‘"Extended Biography" field that s/he is representing a business entity (including a company).
8.2 To create an account and use the PlayBook Services, You must be over the age of 18 and be able to form legally binding contracts under applicable law. A parent or guardian may create a PlayBook account for the purpose of submitting a Coaching Request for their child or dependant.
8.3 A Coach must not provide coaching services to children under the age of 18 unless the Coach has a current Working with Children Check that is valid in the relevant State and has been validated by PlayBook. PlayBook reserves the right to provide a copy of this certificate to other users on request.
8.4 PlayBook may, at its discretion, provide a link to or otherwise direct a Coach to the relevant authority for a Working with Children Check but is not responsible for applying for, providing information in respect of, or otherwise obtaining, a Working with Children Check on behalf of a Coach.
8.5 A Coach must not, in any circumstances, subcontract the coaching services to be provided under a Coaching Contract to any other person.
8.6 While You are registered with PlayBook, You must maintain control of your PlayBook account. You may not deal with your account (including feedback or reviews) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
8.7 At its absolute discretion, PlayBook may refuse to allow any person to register or create an account with PlayBook or cancel or suspend any existing account.
9. USER’S OBLIGATIONS
9.1 You agree that at all times:
(a) You will comply with this Agreement (including all PlayBook Policies issued by PlayBook from time to time) and all applicable laws and regulations;
(b) You will post only accurate information on the Platform;
(c) You will promptly and efficiently perform all your obligations to other PlayBook Users under a Coaching Contract and to PlayBook under this Agreement;
(d) All content (whether provided by PlayBook, a User or a third party) on the Platform may not be used on third party sites or for other business purposes without PlayBook’s prior written permission; and
(e) You will ensure that You are aware of any laws that apply to You as an Athlete or a Coach, or in relation to any other way(s) that You use the Platform.
9.2 You must not use the Platform for any illegal or immoral purpose.
9.3 You grant to PlayBook an unrestricted, worldwide, royalty-free, perpetual, irrevocable, transferable, sub-licensable licence to use, reproduce, display, upload, distribute, store, modify, adapt and otherwise use any content and information that You post or otherwise make available on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide the PlayBook Service, for the general promotion of the PlayBook Service and as permitted by this Agreement.
9.4 Any information that You post on the Platform must not, in any way whatsoever, be potentially or actually harmful to PlayBook or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by PlayBook. Without limiting any provision of this Agreement, any information You supply to PlayBook must be up to date and kept up to date and must not:
(a) be false, inaccurate, fraudulent or misleading or deceptive;
(b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(c) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(d) be defamatory, libellous, threatening or harassing;
(e) be obscene or contain any material that, in PlayBook's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
(f) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
9.5 You must have the right to provide services under a Coaching Contract and to work in Australia. You must comply with your tax obligations in relation to any payment received under a Coaching Contract.
9.6 When You enter into a Coaching Contract using the Platform You create a legally binding contract with another PlayBook User, unless the transaction is prohibited by law or by this Agreement (including the PlayBook Policies). If You do not comply with your obligations to another PlayBook User under a Coaching Contract, You may become liable to that other User. If another User breaches any obligation to You, You - not PlayBook - are responsible for enforcing any rights that You may have with that User.
9.7 If PlayBook determines at its sole discretion that You have breached any obligation under this clause 7, it reserves the rights to remove any content, Coaching Request or Coach Profile information (as applicable) that You have submitted to the PlayBook Service or cancel or suspend Your account.
9.8 If, in respect of a Coaching Session that has taken place, an Athlete notifies a Coach that the Athlete is not satisfied with the standard or quality of the Coaching Session, the Athlete and the Coach must negotiate a suitable resolution. PlayBook may, at its sole discretion and acknowledging that it is not required to, facilitate the negotiations or provide an alternative resolution.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 In the course of providing the Services, PlayBook may create or develop content in collaboration with a Coach where a Coach may contribute to content developed by PlayBook for the purpose of creating promotional or other material (Collaboration Content). PlayBook owns and shall retain all rights, title and interest in this Collaboration Content. If, and to the extent that, a Coach has contributed and/or will contribute to the intellectual property subsisting in the Collaboration Content, that Coach assigns, transfers and conveys to PlayBook all of the Coach’s current and future rights, title and interest in all intellectual property in the Collaboration Content. To the extent, if any, that the Coach’s current and future intellectual property rights in the Collaboration Content cannot be assigned to PlayBook, the Coach irrevocably and unconditionally grants to PlayBook a perpetual, irrevocable, fully paid, royalty-free, worldwide licence to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, offer for sale, sell or otherwise dispose of the Collaboration Content with the right to sublicense each and every such right.
11. SERVICE FEES AND OTHER FEES
11.1 Registering and creating an account with PlayBook is free.
11.2 If a Coach has accepted a Coaching Request, You agree that a fee of 15% plus GST (Service Fee) will be deducted from the Coaching Fee and paid to PlayBook (or its nominee) before the Coaching Fee is released to the Coach. If the Athlete uses a promo code, subject to the applicable terms of the promo code, the Coach will receive the Coaching Fee less any Service Fee that would be applicable (if no promo code was used by the Athlete).
11.3 PlayBook may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after PlayBook notifies You of that change by sending a message to your PlayBook account and/or sent to your nominated email address.
11.4 PlayBook may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your PlayBook account and/or sent to your nominated email address.
11.5 All fees and charges payable to PlayBook are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
11.6 Service Fees do not include any fees that may be due from a User to a third party service provider such as the Payment Provider. All fees owing to third parties must be paid pursuant to your separate agreement with the relevant third party service provider.
11.7 If PlayBook introduces a new service on the Platform, the fees applying to that service will be payable as from the launch of the service and will also be a “Service Fee” under this Agreement.
12. COMMUNICATION SERVICES
12.1 The Platform may, but is not required to, support or provide access to a private messaging service for the purpose of enabling Users to communicate with each other (Communications Services).
12.2 You acknowledge that, and consent to, all messages transmitted via the Communications Services being collected, stored, reviewed and monitored by PlayBook for the purpose of ensuring that Users comply with these Terms and to provide, operate, maintain, improve, and promote the PlayBook Services and/or Platform.
12.3 Nothing in these Terms means or implies that PlayBook endorses, approves of or is responsible for the content or manner of any communications between Users using the Communications Services.
13.1 PlayBook is entitled to suspend or terminate your account at any time if PlayBook, in its sole and absolute discretion, is concerned by any feedback about You, or considers your feedback rating to be problematic for other PlayBook Users.
13.2 To continue to improve our Platform, please let us know of any issue that You experience in using the Platform by contacting us at firstname.lastname@example.org.
14. LIMITATION OF PLAYBOOK LIABILITY
14.1 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, PlayBook specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with:
(a) any transaction between Athletes and Coaches; or
(b) You and any Payment Provider, who may be included from time to time on the Platform.
14.2 Except for liability in relation to a breach of any Non-excludable Condition, PlayBook's liability to any User of this service is limited to the total amount of Service Fees received by PlayBook in connection with that User during the twelve month period prior to any incident causing liability of PlayBook.
14.3 PlayBook's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
15. LIMITATION OF COACH LIABILITY
15.1 Where You are an Athlete, You acknowledge that this clause applies to your use of the Services.
15.2 Except for liability in relation to breach of any implied condition, warranty or guarantee, including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, as against each Athlete, each Coach specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any service supplied), arising out of or in any way connected with any transaction between Athletes and Coaches.
15.3 Except for liability in relation to a breach of any Non-excludable Condition, a Coach's liability to an Athlete is limited to the total amount of Coaching Fees less Service Fees received by the Coach in connection with that Athlete during the twelve month period prior to any incident causing liability of the Coach.
15.4 A Coach's liability to an Athlete for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at the Coach’s option to any one of supplying again or paying the cost of supplying again, services in respect of which the breach occurred.
16. DEFAULT IN TRANSACTIONS
16.1 If You, as a Coach or Athlete, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to PlayBook's rights under this Agreement (including any PlayBook Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, You may be in breach of your obligations to both PlayBook and the Coach or Athlete with whom You are transacting under a Coaching Contract.
18. NO WARRANTY
18.1 Except for liability in relation to any Non-excludable Condition, the PlayBook service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
19. MODIFICATIONS TO THE AGREEMENT
19.1 PlayBook may modify this Agreement and/or the Policies (and update the PlayBook pages on which they are displayed) from time to time. PlayBook will send notification of such modifications to your PlayBook account and/or send to your nominated email address. You should check your PlayBook account and nominated email address (including spam folders) regularly.
19.2 Except as stated in this Agreement, in a Policy, or as otherwise notified to You, all amended terms will automatically be effective 30 days after they are initially notified to You. Each time You use the Platform in any manner after the expiry of that 30 day period or such other notice period notified to You, You acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
19.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must terminate your PlayBook account and stop using the PlayBook Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any PlayBook Policy cannot be amended except in writing signed by You and PlayBook.
20. NO AGENCY
20.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement including, but not limited to, between PlayBook and any User, Coach or Athlete. In particular, You have no authority to bind PlayBook, its related entities or affiliates in any way whatsoever. To the extent permitted by law, PlayBook specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of any service provided by a Coach, Payment Provider or any other third party.
21.1 Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to PlayBook's contact address as displayed on the Platform, or to PlayBook Users’ contact address as provided at registration. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b) if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day on which banks are open for general business in Brisbane, Queensland, other than a Saturday, Sunday or public holiday.
20.2 Notices related to performance of the Payment Provider must be delivered to the Payment Provider as set out in their terms and conditions.
22. MEDIATION AND DISPUTE RESOLUTION
22.1 PlayBook encourages You to try and resolve disputes (including claims for returns or refunds) with other PlayBook Users directly. Accordingly, You acknowledge and agree that PlayBook may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
22.2 If applicable, PlayBook has the right to hold any Coaching Fee that is the subject of a dispute, until the dispute has been resolved.
22.3 If PlayBook provides information of other PlayBook Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify PlayBook against any claims relating to any other use of information not permitted by this Agreement.
23.1 Either party may terminate an account and this Agreement at any time for any reason.
23.2 Termination of this Agreement does not affect any Coaching Contract that has been formed between PlayBook Users. If You have entered into a Coaching Contract, You must comply with the terms of that Coaching Contract, including providing the services or paying the price as applicable.
23.3 Services provided by the Payment Provider are subject to the Payment Provider’s terms and conditions.
23.4 Sections 9.3 (User’s Obligations), 10 (Intellectual Property Rights), 11 (Service Fees and Other Fees), 14 (Limitation of Liability), and 21 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
24.1 PlayBook has elected to obtain its own insurance that may provide cover for Coaches.
24.2 PlayBook does not represent that the insurance offered via the Platform is adequate or appropriate for any particular Coach. Each Coach must make its own enquiries about whether any further insurance (such as workers compensation insurance) is required.
24.3 A Coach acknowledges and agrees that in the event that an Athlete makes a claim relating to any coaching services provided by a Coach, and the insurance taken out by PlayBook responds to that claim then this clause applies. PlayBook may elect to make a claim under such policy and if the claim is successful, any excess payable in respect of the claim may be recovered by PlayBook from the Coach. Where PlayBook makes a claim and the insurer assesses that the Coach is responsible, PlayBook is entitled to rely on that assessment. If You do not pay any excess, PlayBook may also elect to set this amount off against future moneys it may owe to the Coach.
24.4 A Coach acknowledges and agrees that in the event that an Athlete makes a claim relating to any coaching services provided by a Coach, and the insurance taken out by PlayBook does not respond to the claim or the claim is below the excess payable to the insurer, then this clause applies. PlayBook may elect to pay an amount to the Athlete to settle the claim. To the extent that the Coach was or would be liable for the amount of the claim the amount paid by PlayBook may be recovered by PlayBook from the Coach. PlayBook may also elect to set this amount off against future moneys it may owe to the Coach.
25.1 This Agreement is governed by the laws of Queensland, Australia. You and PlayBook submit to the exclusive jurisdiction of the courts of Queensland, Australia.
25.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
25.3 This Agreement may be assigned or novated by PlayBook to a third party without your consent. In the event of an assignment or novation You will remain bound by this Agreement.
25.4 This Agreement sets out the entire understanding and agreement between You and PlayBook with respect to its subject matter.