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TERMS & CONDITIONS

Welcome to FootballFit! Thank you for using our products and services ("Services"). These Services are provided by FootballFit, operating under the domain footballfit.au.

By using our Services, you agree to these Terms and Conditions ("Terms"). Please read these Terms carefully before using the FootballFit website and any associated mobile application (the "Service") operated by FootballFit ("we", "us", or "our").

Our Services are diverse, so additional terms or product requirements (including age requirements) may apply. These additional terms will be presented alongside the relevant Services and become part of your agreement with us if you use those Services. If you do not agree with these Terms, you must cease using the Service immediately.

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1. Terminology and Definitions

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and any agreements:

  • "Client", "You", and "Your" refer to you, the person accessing this website and accepting the Company’s Terms.

  • "The Company", "Ourselves", "We", and "Us" refer to FootballFit, including its affiliates, employees, agents, and assigns.

  • "Party", "Parties", or "Us" refers to both the Customer and ourselves, or either the Customer or ourselves, as applicable.

All terms refer to the offer, acceptance, and consideration of payment necessary to provide our Services or products, in accordance with the applicable Australian laws and regulations.

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2. Registration for Purchase Services

In order to access our Purchase Services, you must first register as a user of the Service. During the registration process, you may be required to provide personal information including, but not limited to:

  • Your full name

  • Email address

  •  Mailing address

  • Contact number

  • Preferred username and password

You warrant and represent that all information provided during registration is accurate, current, and complete. It is your responsibility to update any information you provide to us if it changes, and you agree to keep your registration information accurate and current.

Upon successful registration, you will be granted access to the Purchase Services, and you agree to abide by these Terms. You must maintain the confidentiality of your login credentials and are responsible for all activities that occur under your account.

You may not use the Services if:

  • You are not of legal age to form a binding contract with FootballFit;

  • You are prohibited from receiving the Purchase Services under the laws of Australia or any other applicable jurisdiction.

If you provide any false, misleading, or fraudulent information during the registration process, we reserve the right to suspend or terminate your access to the Services at our discretion.

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3. Use of Our Services

By accessing or using our Services, you agree to comply with all applicable laws, rules, and regulations. You must not misuse or attempt to gain unauthorized access to the Services by any means other than the interface and instructions provided by FootballFit. We reserve the right to suspend, restrict, or terminate your access to the Services if we determine, in our sole discretion, that you have violated any provision of these Terms.

The use of the Services does not grant you any ownership rights or intellectual property rights over the content made available through our Services. Unauthorized use of any content or trademarks associated with FootballFit is strictly prohibited and may result in legal action.

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4. Privacy and Data Collection

FootballFit respects your privacy and is committed to protecting your personal information. Our Privacy Policy explains how we collect, use, disclose, and protect your personal data when you access or use our Services. By using our Services, you consent to our collection, storage, and processing of your personal data as outlined in our Privacy Policy.

We will only share your data with third-party service providers as necessary to provide you with the Services. All third parties involved are bound by confidentiality obligations to ensure the protection of your personal data.

You acknowledge that by using our Services, you may receive communications from us regarding your account and Services, which may include service updates, promotions, or notifications relevant to your use.

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5. Subscription Services

Some components of the Service may be billed on a subscription basis ("Subscription"). Subscription terms, including but not limited to pricing, payment intervals, and cancellation terms, will be clearly disclosed at the time of purchase. Subscriptions are typically charged in advance on a recurring basis (e.g., monthly, quarterly, annually), as specified during the subscription process.

By subscribing, you agree to pay all applicable subscription fees as outlined during the purchase process. You authorize FootballFit to charge your account on the billing cycle chosen by you, and you acknowledge that failure to pay any subscription fees may result in the suspension or termination of your access to Subscription Services.

You may cancel your subscription at any time, subject to the cancellation policy outlined below. Upon cancellation, you may continue to access the Subscription Services until the end of the current billing cycle.

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6. Software in Our Services

Where the Services require downloadable software, FootballFit grants you a non-exclusive, non-transferable license to use the software solely for the purpose of accessing and using our Services. This license is limited to the personal, non-commercial use of the software.

You may not, without our express written permission:

  •  Copy, modify, distribute, or reverse-engineer any part of the software;

  • Transfer, lease, or sublicense the software to third parties;-

  • Remove or alter any copyright or proprietary notices embedded in the software.

FootballFit reserves the right to provide software updates or new versions as we see fit. You agree to install such updates as they become available to ensure continued functionality of the Service.

 

7. Disclaimers and Limitation of Liability

Exclusion of Warranties:
The information, products, and Services provided by FootballFit are offered "as is" and without any warranties or representations, express or implied. FootballFit makes no representations or warranties regarding the accuracy, reliability, or availability of our Services, and to the maximum extent permitted by law, disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

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Limitation of Liability:
To the fullest extent permitted by law, FootballFit’s liability, whether arising in contract, tort (including negligence), or otherwise, shall be limited to the amount you have paid for the specific Service giving rise to the claim. In no event shall FootballFit be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or personal injury, arising out of or in connection with your use of our Services.

Exclusions:
Nothing in these Terms shall limit or exclude our liability for death or personal injury arising from our negligence or fraud. 

 

8. Business Use of the Services

If you are using the Services on behalf of a business or organization, that business or organization agrees to these Terms and will indemnify and hold harmless FootballFit, its officers, employees, agents, and affiliates from any and all claims, damages, losses, and expenses arising from the use of our Services. 

In the case of a business account, the individual registering the account represents that they are duly authorized to bind the business or organization to these Terms.

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9. Cancellation and Termination

 

Cancellation by You:
You may cancel your subscription or access to Services at any time by following the cancellation instructions provided on the Service. Please note that cancellation requests will be processed within a reasonable timeframe, and any remaining subscription fees are non-refundable unless otherwise stipulated in our refund policy.

 

Termination by Us:
We reserve the right to terminate or suspend your access to the Services at our discretion if you violate these Terms, engage in unlawful activity, or fail to make required payments.

Upon termination of your account, you will lose access to the Services, and you are no longer entitled to any rights or benefits provided under these Terms.

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10. Refunds Policy

Refunds are generally not provided for Services once they have been used or commenced. If you are eligible for a refund under applicable consumer protection laws, please contact our support team for assistance. Refund requests may be considered on a case-by-case basis, subject to our discretion.

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11. Intellectual Property

All content provided on the FootballFit website, including text, images, logos, trademarks, and other materials, is the property of FootballFit or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, or distribute any content from our website without our express written permission.

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12. Indemnification

You agree to indemnify and hold harmless FootballFit, its affiliates, employees, agents, and licensors from any and all claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Services;

  • Any violation of these Terms;

  • Any violation of applicable laws or third-party rights.

This indemnity obligation shall survive the termination of these Terms.

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13. Force Majeure

Neither party shall be liable for any failure to perform their obligations under these Terms due to events beyond their control, including but not limited to acts of nature, war, terrorism, civil unrest, or other unforeseen events. Affected parties should promptly inform the other and use reasonable efforts to continue complying with the terms of this agreement.

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14. Waiver

Failure to insist upon strict performance of any provision of these Terms will not be construed as a waiver of any rights or obligations. Any waiver of these Terms will only be effective if explicitly stated in writing and signed by both parties.

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15. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of Australia, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of the Services shall be resolved through negotiation in good faith. If a resolution cannot be reached, disputes shall be submitted to binding arbitration in the relevant jurisdiction of Australia.

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15. Modifications to the Terms

We reserve the right to modify or update these Terms at any time. We will provide notice of any significant changes by updating the revision date at the top of this document. By continuing to use our Services after such modifications, you agree to the updated Terms. 

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By using FootballFit’s Services, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions.
 

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