1. ABOUT THESE TERMS AND CONDITIONS

(a)     These Terms and Conditions (“Terms”) govern your use of Ginger Sport products and services. Our products and services include our website (located at www.gingersport.com.au), Facebook page (located at www.facebook.com/gingersport), 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 Ginger Sport Pty Ltd (ABN 89008446780) (“Ginger Sport”). 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 Ginger Sport.

(d)     These Terms form a binding contractual agreement between you and Ginger Sport.

(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 Ginger Sport:

Name: Ginger Sport Pty Ltd ATF

Address: PO Box 356, Coorparoo QLD 4151

Phone number: 07 3890 3338

Email: info@gingersport.com.au

Website: www.gingersport.com.au

3. TERMS OF USE OF THE SITE

These terms explain your rights and responsibilities when using the Ginger Sport website and Facebook page. Terms apply to your use of Ginger Sport products and services, including the Site. By continuing to use Ginger Sport 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)     Ginger Sport accepts no responsibility for the accuracy of the information contained in advertisements that are placed on our Site;

(d)     Ginger Sport 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.

The Site User acknowledges and agrees that although Ginger Sport will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services available through the Site may occur. Ginger Sport shall not be liable to any person or entity for loss or damage incurred by such downtimes.

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 theCompetition 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 Ginger Sport’s aggregate liability to you exceed, in total, the amounts paid by you to Ginger Sport.

(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. Ginger Sport 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 Ginger Sport by either a member of the public, or an employee, must be referred in the first instance to Ginger Sport. Such a complaint should be specific and in writing. Upon receipt of a complaint, Ginger Sport 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 Ginger Sport, 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.

(a)     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.

(b)     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.

(c)     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.

(d)     Unauthorised use of the Site may give rise to a claim for damages and be a criminal offence, or both.

4. SECURITY

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)     Ginger Sport 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

This section explains the terms of use when you purchase goods online from the Site.

(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 a voucher 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:

(i)        Backpack

(ii)       Bag

(iii)       Cap

(iv)       Drink bottle

(v)        Goalkeeper gloves

(vi)       Other T-Shirts

(vii)      Soccer Shorts

(viii)     Mouse Pad

(ix)       Shin pads

(x)        Soccer ball (size 2.5)

(xi)       Soccer ball (size 3)

(xii)       Soccer ball (size 4)

(xiii)      Soccer kit (shirt, shorts, & socks)

(xiv)     Soccer Star pack (basic)

(xv)     Soccer Star pack (deluxe)

(xvi)      Soccer Star pack (essentials)

(xvii)     Whistle

(xviii)    Teqball and Teqball products (includes Teqball table and any required accessories, manuals, and packaging)

(c)     Ginger Sport 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 Ginger Sport.

(ii)    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 Ginger Sport.

(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 Ginger Sport within seven days of receipt of the goods.

(iii)   Returned goods must be returned in the original packaging.

(iv)   Ginger Sport warrants to replace faulty goods with a new item. Ginger Sport 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. Ginger Sport 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.

 

5.1 Teqball terms of use

By using the online shop, you enter into an Agreement with us on the following terms, in addition to any other relevant terms contained in this Terms and Conditions document.

 

5.1.1 Definitions

Throughout the present Agreement, the words listed in this clause, as well as their grammatical equivalents and derivatives, shall have the meanings defined in this clause, whether or not they are capitalized.

 

Agreement

The present “Teqball terms of use” including any schedules, annexes thereof as well as any future modifications, corrections, and amendments thereto, as well as:

In case of contradiction between any of these and/or the body of the Agreement, the latter shall prevail.

 

Customer / You

The person or entity submitting an Order through the online shop.

 

Force majeure

An event fulfilling the following cumulative conditions: (a) independent of the will of a Party, (b) unforeseeable by a wary businessperson in similar circumstances, (c) insurmountable by a wary businessperson in similar circumstances.

 

Incoterm

DAP as defined per Incoterms (2010).

 

Order

The order for purchasing Teqball Products submitted by the Customer through the online shop.

 

Party

Either the Customer or the Seller.

 

Parties

The Customer and the Seller.

 

Purchase Price

The gross price offered in the online shop for the purchase of Teqball Products.

 

Purpose

Offering to or actually, purchasing or supplying Teqball Products.

Unless expressly authorized by this Sales Contract, the Purpose does not include acting in the name of or on behalf of a Party, acting as a distributor of a Party, offering to or actually (re)selling, importing, exporting, purchasing, or manufacturing, any goods or services protected by a Party’s intellectual property, transferring any rights (including ownership) of any Party’s property (including intellectual property), using or modifying a Party’s intellectual property, or engaging with third parties who will likely do any of the aforementioned (for example, without limitation, wholesalers, distributors, online resellers, discounters, exporters/importers, media companies, sports clubs participating in televised events). To the greatest extent allowed by applicable law, the Parties agree that contravention of the Purpose shall entail damage to Ginger Sport equivalent to at least 5 (five) times the Purchase Price, which shall be due immediately and without prejudice to any other remedy available to Ginger Sport, including compensation for the full damages actually suffered.

 

Sales Contract

The sales contract formed when an Order is accepted by us, whose terms shall be deemed to integrate the terms of this Agreement.

 

Seller / Us / We

Ginger Sport PTY LTD

 

Teqball Products

The Teqball products available for purchase in the online shop, including any required accessories, manuals, and packaging materials.

 

Using

Execution of, or access to, the online shop or an element thereof, for example: directly, indirectly (for example, through another web site) , manually (for example, by typing the address, following a link, or opening a file off-line), automatically (for example, through a program permitting the automatic generation or extraction of content).

 

Venue

Brisbane, Queensland, Australia

 

Warranty Period

24 months starting from the date of receipt of the Teqball Product by Customer.

 

Online shop

The webpage available here: htttps://www.gingersport.com.au

 

5.1.2 Contracting Principles

 

Warranted Characteristics: The parties are entering into this Agreement and/or a Sales Contract on reliance of the warranted characteristics below. Ginger Sport may request copies of documents substantiating these characteristics. Without prejudice to any other remedies, Ginger Sport may annul or terminate this Agreement and/or a Sales Contract, at the other party’s expense, upon learning that any of these warranted characteristics is not met at any time during the term.

If Customer is a natural person, it warrants that it is of sufficient legal age in the country in which it has entered into this Agreement and/or a Sales Contract to be able to validly enter into this Agreement and/or a Sales Contract.

If Customer is an entity, it warrants that it is entering this Agreement and/or a Sales Contract as an independent professional with an already existing business not dedicated primarily to the sale or distribution of the Teqball Products and not as a consumer, employee, or agent. Customer further warrants that it has all the resources, administrative authorizations, and professional qualifications to execute its obligations under this Agreement and/or a Sales Contract.

Customer warrants that its execution of the obligations or requirements under this Agreement and/or a Sales Contract do not and will not violate any other contract to which it is bound or any provisions of Applicable Law or local law.

  • Entire Agreement: With respect to its subject matter, this Agreement and/or a Sales Contract constitutes the entire agreement between the Parties and supersedes all previous negotiations, agreements, and commitments between them, whether oral or written, and in particular any Customer general terms of purchase.
  • Modifications: Without prejudice to an executed Sales Contract, this Agreement, the Teqball Products, Purchase Prices and other related elements, can be modified or withdrawn by us at any time and at our discretion, without notice, and with immediate effect. No modification to this Agreement and/or a Sales Contract may be made without a written document signed by Ginger Sport’s authorised representative.
  • Severability: If any term of this Agreement and/or a Sales Contract is invalid, void, or unenforceable, the Parties agree that the other provisions therein shall remain binding between them. If such remaining terms are insufficient to organise a workable, contractual relationship achieving the Purpose, the Parties shall substitute clauses that achieve this result and that are as close as possible to the original terms.

5.1.3 Purchase Order

  • Purchase Order Acceptance: Orders are validly submitted upon receipt of a confirmation email from us letting you know that the Order has been received and accepted, upon which a Sales Contract is formed. Until such time, Ginger Sport reserves the right to reject an Order for objective reasons that will be indicated to th eCustomer in an email. Any proposed modification of the terms of this Agreement and/or a Sales Contract, that is submitted through an Order, even if the Order itself is accepted by Ginger Sport, shall be deemed null and void.
  • Purchase Order Cancellation: All accepted Orders form a final and binding offer to purchase and pay, and may not be cancelled by the Buyer.

5.1.4 Seller’s Obligations

Seller shall provide:

WHAT WHEN WHERE / HOW PROVEN BY OWED TO CUSTOMER IF NOT PROVIDED
Sale of Teqball Products (transfer of title) upon complete payment of Purchase Price country of origin certificate of ownership delivered with Teqball Product 0.1% of Purchase Price / day
Delivery of Teqball Products (transport & transfer of risk) date indicated in shipping offer selected when placing Order as per Incoterm state of Teqball Product and transport proven by shipping / repair documents
Manufacturer’s warranty: Teqball Products corresponding to description and qualitatively fit for purpose 2 years from delivery of Teqball Products country of delivery repair, refund or replace (Customer’s option, Seller’s expense)

Ginger Sport’s obligations affected by an event of force majeure (including as a result of the other Party’s inability to execute its obligations) are suspended for the duration of such event.

5.1.5 Customer’s Obligations

Customer shall provide:

WHAT WHEN WHERE / HOW PROVEN BY OWED TO SELLER IF NOT PROVIDED
payment of Purchase Price in advance of shipping payment by credit/debit card statement from Ginger Sport’s bank N/A
payment of delivery costs
payment of insurance costs
customs and tax administration and costs relating to import whenever required outside country of origin customs/tax documents customs and/or tax costs (including fines) incurred by Ginger Sport
receipt and acceptance of Teqball Products date and time of delivery place of delivery shipping documents resulting transport and logistics costs (unless refusal objectively justified by state of Teqball Products)
  • Delivery Hindrance: Beyond any other remedies available to it, if Ginger Sport cannot deliver and if Customer is already the owner of the Teqball Product on the delivery date, it shall, at Customer’s expense and risk, and in Customer’s name and on its behalf, (i) arrange its transport to the nearest warehouse adapted for storing similar objects, (ii) warehouse the Teqball Product therein, and (iii) insure the Teqball Product. Beyond any other remedies available to it, if Ginger Sport cannot deliver and it is still the owner of the Teqball Product on the delivery date, it shall, at Customer’s expense and risk, warehouse and insure the Teqball Product as above.

5.1.6 Product Warranty

Teqball provides a limited, free, 2-year Manufacturer’s Warranty to Customers beyond any other legal remedies or warranties that they may have under applicable law. Ginger Sport will communicate with Teqball in the event of a claim.

5.1.7 Product Liability

Teqball Products are manufactured to the highest industry and safety standards (including EN 14468-1:2015; UL 962) and Teqball constantly performs quality and safety testing to ensure that these standards are maintained or exceeded. Nevertheless, no product, especially one with heavy or moving parts, is completely risk free.

SERIOUS INJURY OR DEATH MAY RESULT FROM NOT FOLLOWING THE INSTRUCTIONS IN THE OWNER’S MANUAL, IN WHICH CASE GINGER SPORT, TEQBALL, AND ITS ASSOCIATED ENTITIES AND PERSONNEL DECLINE ALL LIABILITY!

IN ALL CIRCUMSTANCES, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, GINGER SPORT AND TEQBALL’S LIABILITY RELATING TO DIRECT DAMAGE SUFFERED IN RELATION TO THE TEQBALL PRODUCT SHALL BE LIMITED TO (1) $100,000 (ONE HUNDRED THOUSAND USD) OR (2) ACTUAL SUBSTANTIATED DAMAGES, WHICHEVER IS LOWER.

NO LIMITATION OF LIABILITY SHALL APPLY TO INJURY OR DEATH CAUSED BY GINGER SPORT OR TEQBALL’S GROSS NEGLIGENCE OR TO ANY OTHER DAMAGE THAT MAY NOT BE LIMITED BY APPLICABLE LAW.

IN ALL CIRCUMSTANCES, AND TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, GINGER SPORT AND TEQBALL DECLINES ALL POTENTIAL, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGE SUFFERED IN RELATION TO THE TEQBALL PRODUCT, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH BEFOREHAND.

Any product liability claim must be substantiated by documentary evidence recorded within 5 (five) calendar days of sustaining the damage and, within 10 business days of the same date, submitted to info@gingersport.com.au or by post to Ginger Sport, PO Box 356, Coorparoo QLD 4151, unless longer claim windows are provided by applicable law.

5.1.8 Other Liability

We are not liable for consequential damage or loss (including, but not limited to, loss of sales, loss of profit, loss of revenue, loss of data, anticipated savings, loss of goodwill, business interruption, reputational damage, legal fees) under this Agreement and/or a Sales Contract, even if we have been advised of such possibility.

In any event, the Parties agree that our maximum liability under or related to this Agreement and/or a Sales Contract is limited to the Purchase Price.

5.1.9 Governing Law & Jurisdiction

  • Applicable Law

This Agreement and/or a Sales Contract, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement and/or a Sales Contract, are governed by the Applicable Law.

  • Venue & Injunctive Relief

Without prejudice to any applicable law allowing a consumer to choose a different venue, the Parties submit to the exclusive jurisdiction of the competent courts in the Venue for all proceedings relating to this Agreement and/or a Sales Contract, all matters arising from it, including disputes, and the relationship of the Parties relating to this Agreement and/or a Sales Contract.

Nevertheless, you recognize that a breach of this Agreement and/or a Sales Contract may cause irreparable harm to us and that actual damages may be difficult to ascertain or inadequate in such cases. We will thus have the right to enforce this Agreement and/or a Sales Contract by injunction, specific performance, or other equitable relief, without a requirement to prove actual damages and without prejudice to any other rights and remedies that we may have otherwise.

6. USE OF GOODS AND SERVICES

This section explains the terms and conditions relating to the use of Ginger Sport goods and services, such as, but not limited to: weekly soccer, childcare sports, soccer parties, inflatable hire, and events.

6.1. Products and services provided

(a)     Ginger Sport provides the following services (this list is not exhaustive):

(i)      weekly soccer

(ii)     childcare sports

(iii)    birthday parties

(iv)    inflatable soccer field hire

(v)     hungerball

(vi)    events

(vii)   holiday soccer

(viii) soccer camps

(ix) soccer bounce

(x) match day

(xi) book a coach

(xii) soccer-club programs

(xiii) advanced program

(xiv) soccer darts

(xv) weekly soccer skills

(xvi) generator hire

(xvii) target shot

(xviii) snookball

(xix) 1-2-1 Soccer

(xx) miniroos

(xxi) council programs

(xxii) Teqball

6.2 Trial sessions Weekly Soccer

(a)     You agree to contact Ginger Sport for trial-session availability prior to registration.

(b)     The trial session is free.

(c)     If you do not enrol after the trial session you do not pay for the trial session.

(d)     If you enrol after the trial session you do not pay for the trial session.

(e)     There is only one trial session per new participant.

(f)      Trial sessions only apply to selected Ginger Sport services. Please contact Ginger Sport to discuss your options.

(g)     From time to time in Childcare Sports sessions, children will be invited by Ginger Sport coaches to participate in a trial session. As the children are in the care of the childcare centre at this time, it is understood that the authority for a child to play in a trial session is given by the relevant childcare staff member.

6.3 Payment terms

6.3.1 Weekly Soccer, Advanced Program, Weekly Soccer Skills, Holiday-Soccer weekly sessions: registration and fees

(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.

(c)         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.

(d)         Once you are registered and paid you will secure your place for that term. You must re-register and pay for each subsequent term, to secure your selected venue, date, and time.

(e)         At the start of every term, we send you a reminder to re-register and pay to secure your place.

(f)          Coaches will not accept cash payments at sessions.

(g)         Payments are for one term in advance.

(h)         If payment is stopped for any reason Ginger Sport reserves the right to exclude the registered participant from sessions until payment is received.

(i)           If you wish to cancel your registration, please inform the Ginger Sport office directly by email or phone. Do not leave messages with coaches.

(j)           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.

(k)         If you terminate your registration mid-term, you are not entitled to a refund or credit voucher for any remaining sessions.

(l)           Holiday-Soccer weekly soccer requires a new registration for each Holiday-Soccer event. Registration is not carried over to the next term of Holiday-Soccer sessions.

(m)     At our discretion, and on presentation of a medical certificate, you will be entitled to a refund for any sessions you have paid for that your child is unable to participate in for the reasons stated on the medical certificate.

(n)    If a registered player is away for any reason and misses a session, and no medical certificate is available, you will be entitled to a makeup session in line with our Makeup session policy:Weekly Soccer, Advanced Program, Weekly Soccer Skills outlined below. Missed sessions do not comprise grounds for a refund or credit voucher. The onus is on you to contact us for a makeup session.

6.3.2 Childcare Sports sessions registration and fees

(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)         Childcare Sports fees are paid in term blocks. If you register after the start of the term, you only pay for the remaining sessions in that term.

(c)         Ginger Sport will send you a reminder to register and pay at the start of every term. There is a three-week break each year over December and January. You won’t be billed during this time or on public holidays.

(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 secure your place for that term. You must re-register and pay for each subsequent term, to secure your selected venue, date, and time.

(f)         If you wish to cancel your registration, please inform the Ginger Sport office directly by email or phone. Do not leave messages with coaches.

(g)         If payment is stopped for any reason, Ginger Sport reserves the right to exclude the registered participant from sessions until payment is received.

(h)    Siblings playing on the same day at the same centre may apply for a 30% discount on fees. You must advise us if you wish to take advantage of the sibling discount. Sibling discounts are not automatically applied to your account by us and only apply once you advise us. If you require a sibling discount, please contact us for a voucher code when you register, or ask us to apply the discount to your next session if you’ve already registered. Centre staff with their own children playing at their centre may also apply for a 30% discount.

(i)           Registration cancelled – unused sessions: If you terminate your registration before a paid term block is completed, you are not entitled to a refund or credit voucher for unused sessions. You can however contact us to arrange a makeup session in our Weekly Program for the unused sessions. You must take the makeup sessions by week 1 of the next term. After that time, the makeup sessions are void.

(j)         Weather – If a Ginger Sport coaching session is cancelled due to weather conditions, you will be entitled to a makeup session. It is your responsibility to contact Ginger Sport to arrange a makeup session. If we cannot arrange a make-up session, we will give you a credit voucher which you can use towards your next term’s fees. If you miss your arranged makeup session, there is nothing further under offer. No refunds are available for sessions cancelled due to weather.

(k)         Public holidays – Ginger Sport does not hold sessions on public holidays. If a session falls due on a public holiday the session is not rescheduled. There is no session, and you are not charged for that session.

(l)         Missed sessions – If you miss a session, you may be entitled to a makeup session. It is your responsibility to arrange the makeup session with Ginger Sport. If you miss your arranged makeup session, there is nothing further under offer. No vouchers or refunds are available for missed sessions. If you present a medical certificate, we will offer you a credit voucher towards next term’s fees. At our sole discretion, we may offer you a refund on presentation of a medical certificate.

(m)         Non-delivery – If Ginger Sport does not deliver a session, for reasons other than weather conditions, Ginger Sport will offer you a makeup session at our Weekly Program. We may offer you a credit voucher which you can use towards next term’s fees, or at our absolute discretion we may offer you a refund.

(n)           Ginger Sport will comply with any directions from the ACCC to refund, repair, or replace any goods or services provided based on the scale of reasonableness endorsed by the ACCC.

(o)    Refund policy: We do not issue refunds for sessions that your child did not attend at the centre. At our sole discretion, and on presentation of a medical certificate, you may be entitled to a refund for any sessions you have paid for that your child is unable to participate in for the reasons stated on the medical certificate.

(p)    Makeup sessions terms of use: If you have been issued with makeup sessions, you can use these towards further sessions at the childcare centre your child attends, or in any active weekly programs sessions. It is the customer’s responsibility to contact Ginger Sport to book any makeup sessions. The makeup sessions cannot be exchanged for a cash refund. The makeup sessions expire at the end of Week 1 of the next term. If you book a makeup session and do not attend, there is no further makeup session under offer.

6.3.3 Inflatable Soccer Field hire booking and fees

(a)     If you hire Inflatable Soccer Field you will pay: (1) a generator-hire fee if applicable; and (2) an hourly hire rate.

(b)     Ginger Sport will send you an invoice request at the time we confirm your booking and inflatable availability. Payment is required within seven days or prior to the event, whichever comes first. Payment secures your booking.

(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.

(d)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(e)     Ginger Sport provides Inflatable Soccer Field for use and hire at its sole discretion. Ginger Sport 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 vouchers.

6.3.4 Birthday Party bookings and fees

(a)         Ginger Sport 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 receipt of an invoice from Ginger Sport.

(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.

(f)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(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.

6.3.5 Soccer Bounce, Soccer Darts, Soccer Target Shot, Soccer Snookball, Teqball, and Hungerball hire booking and fees

(a)         If you hire Soccer Bounce, Soccer Darts, Soccer Target Shot, Soccer Snookball, Teqball, or Hungerball you will pay: (1) a generator-hire fee if applicable; and (2) an hourly hire rate.

(b)         Ginger Sport 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.

(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.

d)   Voucher terms of use: If your account has been issued with voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher does not expire.

(e)         Ginger Sport provides Soccer Bounce, Soccer Darts, Soccer Target Shot, Soccer Snookball, Teqball, and Hungerball for use and hire at its sole discretion. Ginger Sport 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.

6.3.6 Public Holiday Bookings

(a) A 10% surcharge will be added to all bookings made on public holidays.

6.3.7 Match Day: registration and fees

(a)         Ginger Sport holds Match Day at its sole discretion.

(b)         Booking dates and times are subject to availability.

(c)         After you book, you will receive an invoice for payment. You may receive an invoice for payment immediately after you book, or you may receive an invoice for payment only once we know a session is going ahead. Once you receive the invoice, payment is due within 7 days of the date of the invoice, or before the first Match Day, whichever comes first.

(d)         If payment is not received by Ginger Sport before the first Match Day, Ginger Sport reserves the right to exclude the registered participant from the session or sessions.

(e)    If you wish to cancel your booking, and you cancel before a one-off Match Day enrolment or before the first Match Day in a block enrolment, 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.

(f)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the original date the booking was for.

(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 (e) above applies, with regard to vouchers.

6.3.8     Allocation of coaches

(a)    Allocation of coaches to sessions and services is at the sole discretion of Ginger Sport. 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 voucher.

6.3.9 Book a Coach bookings and fees

(a)         These terms apply to both regular and one-off Book a Coach bookings.

(b)   A regular booking is one where more than one Book a Coach session is booked at the time of booking.

(c)     Ginger Sport holds Book a Coach at its sole discretion.

(d)         Booking dates and times are subject to availability.

(e)    Pricing for regular Book a Coach bookings is based on the number of sessions initially booked. If any of those regular sessions are cancelled after we issue our invoice, we will adjust the price to account for the revised number of sessions. The customer will be liable for any shortfall owing.

(f)    Some Book a Coach bookings are invoiced in arrears on the first Saturday of each month, covering sessions in the previous month. Others are not invoiced in arrears. Some bookings are invoiced in advance. Payment is due within 7 days of the date of the invoice or before the session takes place, whichever comes first.

(g)         If payment is not received by Ginger Sport when it is due, Ginger Sport reserves the right to suspend further Book a Coach sessions until payment is received.

(h)    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.

(i)    If you make a Book a Coach booking, and you cancel that booking with less than 10 days’ notice, and you have not yet paid for that booking when you cancel it, then you are still liable to pay for the booking in full. The above cancellation policy will apply to your account, depending on how much notice you give.

(j)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(k)    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 (h) above applies, with regard to vouchers.

6.3.10       Soccer Camp: registration and fees

(a)         Ginger Sport holds Soccer Camp at its sole discretion.

(b)         Booking dates and times are subject to availability.

(c)    When you book, payment is required immediately.

(d)         If payment is not received by Ginger Sport before Soccer Camp, Ginger Sport reserves the right to exclude the registered participant from the session.

(e)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

6.3.11       Soccer Club Programs: registration and fees

(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.

(c)         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.

(d)        Once you are registered and paid, you will automatically secure your place for that term, and for the following terms, at your selected venue, date, and time. For as long as a partnership agreement and access to facilities exists between Ginger Sport and the football club, registration rolls over into each year so you do not need to keep re-registering.

(e)         If you remain registered for the next term, you will be automatically billed.

(f)          Coaches will not accept cash payments at sessions.

(g)         Payments are automatically billed from your card in advance.

(h)         If payment is stopped for any reason, Ginger Sport reserves the right to exclude the registered participant from sessions until payment is received.

(i)           If you wish to cancel your registration, please inform the Ginger Sport office directly by email or phone. Do not leave messages with coaches.

(j)           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.

(k)         If you terminate your registration mid-term, you are not entitled to a refund for any remaining sessions.

6.3.12       Generator hire

(a)         If you hire any of our inflatables, you may also need to hire one of our generators, in the following situations:

  • For Large Inflatable Soccer Field, if power supply is not available within 20 metres, and if you do not have access to your own generator.
  • For Extra Large Inflatable Soccer Field, if power supply is not available within 20 metres. Customers are not permitted to provide their own generator for Extra Large Inflatable Soccer Field.

(b)    If you ask to hire a generator, and we accept your request to hire a generator, you will pay a one-off hire fee (not an hourly fee) for the duration of your use.

(c)         Ginger Sport will send you an invoice at the time we confirm your booking. Payment is required within 7 days or before your booking date, whichever comes first.

(d)    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)    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 (d) above applies, with regard to vouchers.

(f)   Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(g)         Ginger Sport provides its generators for use and hire at its sole discretion. Ginger Sport reserves the right to allow or refuse hire to whomever it so chooses.

(h)     Generator hire is subject to availability.

(i)    For dry hire, Ginger Sport supplies the generator full of fuel, and also supplies one additional jerry can of fuel to run the generator. You agree to use only the fuel supplied. If you run out of fuel due to duration of operation exceeding the amount of fuel supplied, you agree to refuel the generator, at your own cost, with the correct fuel as advised by Ginger Sport.

(j)    If you hire the generator, you agree to return it in full working order.

(k)    We do not require you to refill the generator with fuel before you return it.

(l)    You agree to follow all operational and safety instructions given to you by Ginger Sport staff (irrespective of whether those instructions are given to you in writing or given to you verbally) when operating the generator.

6.3.13  1-2-1 Soccer bookings and fees

(a)  These terms apply to both regular and one-off 1-2-1 Soccer bookings.

(b)  A regular booking is one where more than one 1-2-1 Soccer session is booked at the time of booking.

(c)  Ginger Sport holds 1-2-1 Soccer at its sole discretion.

(d)  Booking dates, times, and coaches are subject to availability.

(e)  Your card may be billed when you book, or we may offer you a ‘pay later’ option. If payment is stopped for any reason, Ginger Sport reserves the right to suspend further 1-2-1 Soccer sessions until payment is received.

(f)   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)  If you make a booking, and you cancel that booking with less than 10 days’ notice, and you have not yet paid for that booking when you cancel it, then you are still liable to pay for the booking in full. The above cancellation policy will apply to your account, depending on how much notice you give.

(h) Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(i)   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 (f) above applies, with regard to vouchers.

(j)   Cancelled sessions are not transferable to any other Ginger Sport session.

(k)  Your chosen venue must be fit for purpose and be safe for coach and participant.

6.3.14  Council Programs bookings, fees, release, waiver, and consent

(a)         If you register and pay for a Council session, and you miss that session for any reason, there is no refund, voucher, or makeup session under any further offer.

(b)     By participating in Council sessions, you understand that your child is participating at their own risk and acknowledge and accept the level of risk consequent with the activity.

(c) You acknowledge that you waive all of the legal rights of action against the providing Council and Ginger Sport from any claim, for loss, damage, injury, death, or permanent disability howsoever arising and incidental to yourself (or your children, or grandchildren, or other children under your care) attending at and/or participating in an activity.

(d) This waiver includes, but is not limited to, liability for any negligent or tortious act or omission, breach of duty, breach of contract, or breach of statutory duty on the part of the Council or Ginger Sport.

(e) You release the Council and Ginger Sport its assigns, its employees, or agents from all such claims. This release shall extend to and include the Council and the promotion organiser, partners, managers, officers, agents, contractors, any club, organisation, and volunteers including medical and paramedical personnel appointed for the activities, the owners’ licensees, and occupiers of land on which the activities or any part of it are conducted or which is involved directly or indirectly with the activities in any manner whatsoever and promoters, sponsors, and activities organisers.

(f) This release and indemnity continues forever and binds your heirs, executors, personal representative, and assigns.

(g) You give full consent for the Council to use your child’s images and/or personal information in any or all promotional and marketing campaigns and any other printed and or audio-visual or website material relating to the Council.

(h) You acknowledge that you have read, understood, and provide the above release, waiver, and consent.

(i) On receiving an invoice or request for payment, you agree to pay the amount owing in the timeframes stipulated, and you acknowledge that if you do not pay the amount owing in the timeframe your registration may be refused.

6.4 Non-delivery of goods or services

6.4.1 Cancelled or missed sessions: Weekly Soccer, Childcare Sports, Advanced Program, Weekly Soccer Skills

(a)         Weather – If a Ginger Sport coaching session is cancelled due to weather conditions, you will be entitled to a makeup session. It is your responsibility to contact Ginger Sport to arrange a makeup session. If we cannot arrange a make-up session, we will give you a credit voucher which you can use towards your next term’s fees. If you miss your arranged makeup session, there is nothing further under offer. No refunds are available for sessions cancelled due to weather.

(b)         Public holidays – Ginger Sport does not hold sessions on public holidays. If a session falls due on a public holiday the session is not rescheduled. There is no session, and you are not charged for that session.

(c)         Missed sessions – If you miss a session for any reason, you may be entitled to a makeup session. It is your responsibility to arrange the makeup session with Ginger Sport. If you miss your arranged makeup session, there is nothing further under offer. No vouchers or refunds are available for missed sessions. If you present a medical certificate, we will offer you a makeup session, or we may offer you a credit voucher towards next term’s fees. At our sole discretion, we may offer you a refund on presentation of a medical certificate.

(d)         Non-delivery – If Ginger Sport does not deliver a session, for reasons other than weather conditions, Ginger Sport will offer you a makeup session at our Weekly Program. We may offer you a credit voucher which you can use towards next term’s fees, or at our absolute discretion we may offer you a refund.

6.4.2 Makeup session policy: Weekly Soccer, Advanced Program, Weekly Soccer Skills

(a)         Makeup sessions, if offered, must be taken in the current term or within the first week of the next term, following the term that the missed or cancelled session occurred in. If you do not take a makeup session within this time, there is no makeup session under any further offer.

(b)     Please be aware that any makeup session offered may be at a different venue and time.

(c)     We will endeavour to effect a mutually convenient makeup session, but we are not able to guarantee that the makeup session offered will be at the same venue or time.

(d)     No refunds or vouchers are available in place of a makeup session.

(e)     It is your responsibility to contact Ginger Sport to arrange a makeup session.

(f)     Session forfeiture: When you book a makeup session, your place is reserved in that makeup session and takes up a space. If you do not attend the makeup session, there is no makeup session under any further offer.

6.4.3 Cancelled or missed sessions: Childcare Sports

If you cancel your registration, or your child misses a session, the relevant policies are detailed at section 6.3.2 Childcare Sports sessions registration and fees.

6.4.4 Using a Voucher on Your Account

If Ginger Sport has authorised a voucher–and you choose to use this towards a Weekly Program or Childcare Soccer session–once you have booked into a session, your place is reserved and takes up a space. If you do not attend the makeup session, there is no makeup session under any further offer.

6.4.5   Cancelled or missed sessions: Book a Coach

(a)         Weather – If a Ginger Sport coaching session is cancelled due to poor weather conditions, you will be entitled to a makeup session. It is your responsibility to contact Ginger Sport to arrange a makeup session.

(b)         Public holidays – Ginger Sport does not hold sessions on public holidays. If a session falls due on a public holiday the session is not rescheduled. There is no session, and you are not charged for that session.

(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.

(d)    Voucher terms of use: If your account has been issued with a voucher, you can use the voucher on your account to purchase goods and services from us. The voucher cannot be exchanged for a cash refund. The voucher expires 12 months from the date of the original booking.

(e)    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 vouchers.

6.4.6    Makeup session policy: Book a Coach

(a)         Makeup sessions, if offered, must be taken within six months of your cancelled Book a Coach session. If you do not take a makeup session within this time, there is no makeup session under any further offer.

(b)         Please be aware that any makeup session offered may be at a different day and time.

(c)         We will endeavour to effect a mutually convenient makeup session, but we are not able to guarantee that the makeup session offered will be at the same day and time.

(d)         No refunds or voucher are available in place of a makeup session.

(e)         It is your responsibility to contact Ginger Sport to arrange a makeup session.

(f)     Session forfeiture: When you book a makeup session, your confirmed booking is reserved in that makeup session and takes up a space. If you:

  • decide prior to the session that you no longer want to take the session, you must give a minimum 24 hours notice. If you give less notice, the session is forfeited.
  • choose not to proceed with the session you booked into, and you give no notice, the session is forfeited.

(g)    If any of the children miss the Book a Coach session, and the session has not been cancelled by Ginger Sport, there is no makeup session under offer. If the organiser wishes to cancel a session, see the cancellation policy at 6.4.5 above.

6.4.7        Cancelled or missed sessions: Match Day

(a)         Weather – If a Ginger Sport Match Day session is cancelled due to poor weather conditions, you will be entitled to a makeup session at another Match Day location, either in the current block of sessions or a new block of sessions. It is your responsibility to contact Ginger Sport to arrange a makeup session.

(b)         Missed sessions – If you miss a Match Day session for any reason other than weather above, you are not entitled to a makeup session, voucher, or refund.

(c)     For cancellations of a one-off Match Day enrolment or of an entire block of Match Day sessions, and only when that cancellation is made prior to the one-off Match Day or prior to the first Match Day in the block of sessions you have booked, see the cancellation policy outlined at 6.3.8 (e).

6.4.8        Cancelled or missed sessions: Soccer Camp

(a)         Weather – If a Ginger Sport Soccer Camp session is cancelled due to unsafe weather conditions, you will be entitled to a voucher. For voucher terms of use, see 6.3.11(e). The determination of unsafe weather conditions is at the discretion of Ginger Sport.

(b)         Non-delivery – If Ginger Sport does not deliver a session, for reasons other than unsafe weather conditions, you are entitled to your choice of a refund or voucher.

(c)    If you 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.

6.4.9        Cancelled or missed sessions: Soccer Club Programs

(a)         Weather – If a Ginger Sport Soccer Club Program session is cancelled due to poor weather conditions, you will be entitled to a makeup session in the Weekly Program. It is your responsibility to contact Ginger Sport to arrange a makeup session. No vouchers or refunds are available for cancelled sessions

(b)         Public holidays – Ginger Sport does not hold sessions on public holidays. If a session falls due on a public holiday the session is not rescheduled. There is no session, and you are not charged for that session.

(c)         Missed sessions – If you miss a session for any reason other than cancelled sessions, you are not entitled to a makeup session. No vouchers or refunds are available for missed sessions.

(d)     Missed sessions (presentation of medical certificate) – At our discretion, and on presentation of a medical certificate, you will be entitled to a refund for any sessions you have paid for that your child is unable to participate in for the reasons stated on the medical certificate.

(e)    If you 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.

6.4.10        Makeup-session policy: Soccer Club Programs

(a)         Makeup sessions, if offered due to cancelled sessions, must be taken within the first two weeks of the next Weekly Program term, following the Soccer Club Program term that the cancelled Soccer Club Program session occurred in. If you do not take a makeup session within this time, there is no makeup session under any further offer.

(b)         Please be aware that any makeup session offered may be at a different venue and time.

(c)         We will endeavour to effect a mutually convenient makeup session, but we are not able to guarantee that the makeup session offered will be at the same venue or time.

(d)         No refunds or vouchers are available in place of a makeup session.

(e)         It is your responsibility to contact Ginger Sport to arrange a makeup session.

(f)     Session forfeiture: When you book a makeup session, your place is reserved in that makeup session and takes up a space. If you:

  • decide prior to the session that you no longer want to take the session, you must give a minimum 24 hours notice. If you give less notice, the session is forfeited.
  • choose not to attend the session you booked into, and you give no notice, the session is forfeited.

7. HEALTH AND SAFETY

(a)   Ginger Sport and all Ginger Sport 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)   Ginger Sport 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 (http://www.gingersport.com.au/policy/risk-management/).

(c)   By registering and booking with Ginger Sport, you acknowledge that Ginger Sport takes no responsibility for personal loss or injury sustained during Ginger Sport sessions.

(d)   All children remain the responsibility of parents or guardians during sessions. In so doing, you warrant that the child in your care:

(i)   will wear appropriate clothing and footwear.

(ii)   will adhere to sunsmart guidelines, including wearing sunscreen and a sunsmart hat;

(iii)  will bring and consume water sufficient for rehydration;

(iv)   will not attend if they are unwell. This includes communicable, contagious, or notifiable illnesses;

(v)    is not left unattended by you at any Ginger Sport session, service, or event at any time, unless a permission slip has been (1) completed and signed by the participant’s caregiver, and (2) approved by and given to the Ginger Sport coach.

(e)   In childcare sports, when the Ginger Sport coach is facilitating the session, the children remain in the care of the centre staff at all times. All childcare centres have a duty of care (i.e. a moral and legal obligation) to provide a staff member to supervise every session.

(f)   In outside-school-hours care (OSHC), when the Ginger Sport coach is facilitating a session (e.g. Weekly Program), the children remain in the care of the OSHC staff at all times. OSHC staff are responsible for escorting the children to the session, collecting the children from the session, and returning them to OSCH or their parent/carer. Ginger Sport staff are not responsible for collecting or returning the children to or from OSHC. An OSHC supervisor must be present at the session for its duration. The only exception to this is where a parent/carer has signed a waiver granting their permission to OSHC staff to leave the child unsupervised at the Ginger Sport session. OSHC staff agree to supply the signed permission from the parent/carer of each child—to any Ginger Sport staff member—upon request.

(g)     Ginger Sport reserves the right to exclude a participant for any reason or any time period it deems fit under these terms, including behaviour considered by Ginger Sport to be illegal, disruptive, unruly, or dangerous.

(h)    To ensure the safety of all participants at all times, an upper limit of 15 people inside the inflatable at any one time may be enforced at the coach’s discretion.

8. PHOTOGRAPHS AND VIDEOS OF COACHING SESSIONS

(a)     From time to time Ginger Sport may take photos or videos of coaching sessions to support the ongoing development of coaching delivery. This material may also be used in the marketing and advertising of Ginger Sport services.

(b)     If you wish for your child not to be photographed, videoed, or their image to be used in marketing, please inform Ginger Sport when registering.

9. PRIZE TERMS AND CONDITIONS

(a)    Generator cost not included: If your prize includes an inflatable (e.g. Soccer Bounce, Soccer Darts, Snookball, Target Shot, or Inflatable Soccer Fields), the cost of the generator is not included.

(b)    Locality charges may apply: If the winner is located further than 60 km from a base location–in either Brisbane, Sunshine Coast, Gold Coast, or Toowoomba–delivery of the prize will incur an additional locality charge.

(c)    Extras not included in prize: Items not included in the prize may be requested, at additional cost to the prize winner.

(d)    Value of prizes: The stated maximum value of a prize includes the cost of providing that service only. It does not include the cost of the service plus additional goods up to the maximum value.

(e)    Entry conditions: The acceptable method of entry for some competitions may be either online or offline (via hard-copy entry form). Specified entry requirements may differ, for each method of entry, for the same competition.

(f)    Acceptance of Terms and Conditions: Acceptance of the prize means that you accept these Terms and conditions. If you do not accept these Terms and Conditions, you forfeit the prize.

10. INQUIRIES AND COMPLAINTS

(a)     Ginger Sport undertakes to respond to inquiries within one to four business days.

(b)     Ginger Sport 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 Ginger Sport administration staff. If a satisfactory resolution is not reached, the complaint will be escalated to the Office Manager.

11. PRIVACY

(a)     Ginger Sport has a comprehensive Privacy policy, available at this link (http://www.gingersport.com.au/policy/privacy/).

(b)     In summary, Ginger Sport 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)     Ginger Sport 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.

12. RISK MANAGEMENT

(a)     Ginger Sport has a comprehensive Risk Management policy, available at this link (http://www.gingersport.com.au/policy/risk-management/).

(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 Ginger Sport.

13. NOTICE

(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.

14. NO WAIVER

(a)     If Ginger Sport 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 Ginger Sport to be a waiver and is communicated to the Site User in writing as per clause 12.

15. FORCE MAJEURE

Ginger Sport 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 Ginger Sport’s control, including but not limited to:

(a)     Acts of God;

(b)     Natural disasters;

(c)     Sabotage;

(d)     Accident;

(e)     Riot;

(f)     Shortage of supplies, equipment, and materials;

(g)     Strikes and lockouts;

(h)     Civil unrest;

(i)     Computer hacking; or

(j)     Malicious damage.

16. SEVERABILITY

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.

17. ENTIRE AGREEMENT

(a)     These terms, and the documents expressly referred to in them, constitute the entire agreement between the Site User and Ginger Sport, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding, or agreement between Ginger Sport relating to the Services.

(b)     The Site User and Ginger Sport each acknowledge that, in entering into these Terms, neither Ginger Sport 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.

18. CHANGES TO TERMS

(a)     Ginger Sport reserves the right, in Ginger Sport’s discretion, to correct any errors or omissions in any part of the Site and Services. Ginger Sport 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 Ginger Sport is under no obligation to update such material.

(c)     Ginger Sport reserves the right, in Ginger Sport’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)     Ginger Sport may assign or sublicense any of Ginger Sport’s rights or obligations under these terms and conditions at any time, without obtaining the Site User’s consent.

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