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Terms of use

1 About these Terms of Use

This website is owned and operated by Learning Frameworks Pty Ltd T/A CrackerSystems (we, us).

These Terms of Use set out the terms by which we will agree to provide you, an individual accessing this website, with the services available via this website (our services).

By using our services, you are entering into an agreement with us which incorporates, and which is governed by, these Terms of Use. For some of our services, the agreement between us and you may also incorporate our Premium User Terms, as explained in section 3.3 below.

 

2 Using our services

You may only use or attempt to use our services in accordance with these Terms of Use.

We appreciate that, as an athlete, you may have specific goals and aims which you hope to achieve when using our services. While they will certainly help you get there, using our services alone will not guarantee results. You should combine the use of our services with coaching from a qualified professional and lots of practice and hard work to ensure you reach your maximum potential as an athlete.

 

3 Your account

Before using any of our services, you first need to open an account with us. There are two types of accounts available:

  • (a) regular user accounts; and
  • (b) premium user accounts.

 

3.2 Regular user accounts

Opening a regular user account is free. All you need to do is complete the online registration process by accurately providing all information requested. You must indicate that you accept these Terms of Use when prompted during the online application process.

 

3.3 Premium user accounts

Some of our services are only available if you open a premium user account with us. The services available for premium user accounts are more extensive and advanced than those available for regular user accounts. Fees and charges apply for opening and maintaining a premium user account.

To open a premium user account, you need to complete the online registration process by accurately completing all information requested. You must indicate that you accept both these Terms of Use as well as our Premium User Terms when prompted during the online application process for premium user accounts.

 

3.4 Users under 18

If you are under the age of 18 and:

  • (a) you want to open a regular account, you will need your parent or guardian read and understand these Terms of Use before doing so; or
  • (b) you want to open a premium account, you will need your parent or guardian to do so on your behalf.

 

3.5 Security of your account

Only you may use your account with us. You are solely responsible for the activity that occurs in relation to your account and you must keep your account details secret and secure. You must notify us immediately of any breach of security or unauthorised use of your account. Although we will not be liable for any loss to you caused by unauthorised use of your account, you may be liable for loss to us or others caused by such unauthorised use.

 

4 Social networking

Our services include a facility which you can use to interact, communicate and engage with other users of this website (social networking facility).

 

4.1 Customising your settings

Our social networking facility can be customised in a number of ways depending on how you wish to use it. For example, select preferences for notifications and profile settings.

 

4.2 Safety

We do our best to ensure our social networking facility provides a safe environment for all users. However, because we are unable generally to control actions by third parties, we cannot guarantee safety.

To help promote a safe environment you must not use our social networking facility to bully, intimidate, denigrate or harass other users or to publish, promote or link to any Content which does not comply with clause 6.4 below. We may immediately terminate your account if you do not comply with these requirements (in accordance with clause 12.2 below).

 

5 Resources library

Our services include a facility which you can use to search and browse a catalogue of sport related informational materials and resources (Library). Our resources library contains both free resources and paid resources.

 

5.1 Free resources

You can access free resources by clicking on the applicable link within the resources library.

If we display any disclaimers or notices in relation to free resources, those disclaimers and notices are deemed to form part of these Terms of Use (but only to the extent they are not inconsistent), and you must therefore comply with them. You also need to comply with the requirements in section 6 below when accessing free resources.

 

5.2 Types of paid resources

There are two types of paid resources catalogued in the resources library:

  • (a) paid resources which you can purchase directly; and
  • (b) paid resources offered by external suppliers.

 

5.3 Purchasing paid resources

You can purchase paid resources as indicated in the resources library. Prices for paid resources are shown in Australian dollars, include GST and are subject to change without notice.

We only accept payments by credit cards accepted by our payment gateway provider. Depending on your circumstances, you may have to pay additional exchange rate costs and fees as charged by your credit card issuer. We will not be liable for any costs associated with exchange rates. Currency exchange settlements are based on your agreement with your payment method provider.

This website uses Secure Sockets Layer (SSL) technology software for information transmission. Information submitted through this website (including your credit card details) is encrypted using the same 128-bit security commonly used by banks. For your protection, purchases made using your credit card may be delayed slightly to allow us time to check your billing information with your financial institution.

We will not accept returns or provide you with a refund if you simply change your mind about a paid resource you purchased. However, you do have rights under the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), and nothing in these Terms of Use affects or limits those rights. If required by law to provide you a refund, we will process the refund by reverse transaction through the payment method used for your original purchase.

You must not purchase paid resources if you under 18 years old (although your parent or guardian may do so on your behalf).

 

5.4 Paid resources from external suppliers

To access paid resources from external suppliers, you need to follow the relevant links to the external third party websites from which those resources may be then purchased.

The appearance of paid resources in the resources library does not constitute either an invitation to treat by us or an offer by us to supply you with those resources for valuable consideration or otherwise. Paid resources are catalogued in the resources library merely to assist you in locating an independent supplier (such as Amazon or iTunes) from whom you may be able to purchase or acquire those resources. The purchase of paid resources will be subject to any terms and conditions of the relevant supplier, and also the stock availability of the supplier. We do not warrant that you will be able to acquire any of the paid resources which are catalogued in the resources library, or that you will be able to purchase them for the prices displayed in the resources library (which prices we include as a guide only and are based on the prices provided to us by the relevant independent suppliers).

 

6 Content on this website

 

6.1 Content

This website may contain or display text, images, logos, data, drawings, photographs, tables, designs, trade marks, software and audio, video and other file types (Content).

 

6.2 Use of Content

You may only use Content contained or appearing on this website in accordance with these Terms of Use and as permitted by law.

 

6.3 General restriction on Content

You must not copy, reproduce, communicate, publish, adapt, distribute, transmit, broadcast, display, sell, licence or otherwise exploit any Content on this website for any purpose other than is strictly necessary for you to use the services without the prior written consent or the consent of the owner/licensor of that Content, subject to these Terms of Use.

 

6.4 Submission of Content for Monetisation

You must not submit any Content to monetise through this website:

  • (a) that is not completely your own creation unless you have explicit authority from the Content owner/licensor to use and sub-licence it;
  • (b) that infringes any intellectual property rights of us or any third party;
  • (c) where you intend to sell advertising space in or on that Content, or sponsorship rights in relation to that Content, to any third party; or
  • (d) which contains, describes or refers to any acts, events or subject matters which we believe are not suitable for publication or cannot legally be published on this website. For example, you must not submit pornographic material, images of graphic violence or animal abuse, material showing or promoting illicit drug use, tobacco or liquor products, weapons, ammunition, material that is defamatory, denigrating or discriminates against an individual or a religion, sex, race or is in any other way offensive by ordinary community standards.

 

6.5 Removal of Content

We may immediately and without notice remove any Content from this website (including any Content you may have submitted) without us incurring any liability for any loss or damage, where such Content is not, or the act of submitting it to this website was not, in accordance with these Terms of Use.

 

6.6 Intellectual property rights

Any intellectual property rights (including copyright and trade mark rights) in Content contained or appearing on this website is owned by or licensed to us. In the case of Content submitted by you, we do not claim ownership over such content. By submitting Content to this website you grant a perpetual royalty-free non-exclusive worldwide licence to use, copy, reproduce, communicate, modify, adapt and sub-licence that Content or to sell your content on your behalf and in accordance with a formal distribution agreement.

 

7 Information on this website

Unless these Terms of Use say otherwise:

  • (a) any information on this website or provided in the course of our services is subject to change without notice;
  • (b) whilst we take reasonable steps to ensure the accuracy and currency of such information, we do not guarantee it is accurate or current; and
  • (c) we only provide information on this website and in the course of our services on an "as is" basis and you rely on information so provided at your own risk.

 

8 Privacy

Our Privacy Policy explains our policies for the collection, use, disclosure and storage of personal information in relation to this website.

By accepting these Terms of Use when you open an account with us, and by continuing to use our services after you open an account, you consent to us using and disclosing your personal information for the following specific purposes (without limitation):

  • (a) We may use your personal information to validate your identity and/or membership status with applicable sporting bodies.
  • (b) We may disclose your personal information to applicable sporting bodies which have out-of-date or incomplete records about your membership with them, to allow those bodies to amend their records accordingly.

 

9 General restrictions on use

You must not use our services to do any of the following:

  • (a) on-supply or resell our services;
  • (b) interfere with other users use of our services;
  • (c) cause harm to us or our advertisers, affiliates, resellers or licensees, or any customer of us or our advertisers, affiliates, resellers or licensees;
  • (d) damage, disable, overburden or impair this website or any networks connected to this website (or attempt to do so);
  • (e) access this website using any automated process or service (such as a bot or spider) without our permission;
  • (f) engage in, facilitate or further any unlawful conduct; or
  • (g) solicit other users of this website for commercial purposes.

 

10 Links to third party websites

The inclusion in this website of any hyperlinks or other pointers to any third party websites does not of itself imply our endorsement or approval of such third parties, their websites, their businesses or any of their other activities.

 

11 Users outside Australia

This website may be accessed from within Australia and throughout the world. We make no representations that this website, our services or any Content complies with the laws of any country which is not Australia. If you access this website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access this website.

 

12 Cancellation of your account

 

12.1 By you

You may cancel your account at any time and for any reason by notifying us using our contact details in section 14 below.

 

12.2 By us

We may cancel your account with or without notice if you breach (or if we have reason to believe you may breach or you intend to breach) any part of:

  • (a) these Terms of Use; or
  • (b) if your account is a premium user account, our Premium User Terms.

We may also cancel your regular user account if you fail to access it for a consecutive period of more than 12 months.

 

12.3 Consequences of your account being cancelled

Cancellation of your account will automatically and immediately result in termination of the agreement between us and you regarding your use of our services. However, termination of your account will not in any way affect:

  • (a) the operation of any of sections 4, 6, 12.3 or 14 of these Terms of Use, which sections survive such termination; or
  • (b) if your account is a premium user account, your obligations to pay any amounts owing to us as at the date of such termination pursuant to our Premium User Terms.

 

12.4 Content after termination

You are responsible for backing up the Content you submit or store in the course of using our services. If your account is cancelled, we may permanently delete your Content from our servers. We have no obligation to return any Content to you after cancellation of your account.

 

13 Variation of these Terms of Use

We reserve the right to vary these Terms of Use. Situations where we may vary these Terms of Use include:

  • (a) if variation is necessary due to the applicable law or a change in applicable law;
  • (b) if variation is necessary for technical reasons;
  • (c) if variation is necessary to facilitate the operation of our services; or
  • (d) if variation is to your advantage.
  • We will inform you of any variation to these Terms of Use before it tes effect and will provide you the opportunity to cancel your account at least 30 days before the variation tes effect. These Terms of Use apply as varied from time to time to all subsequent use by you of our services.

 

14 General legal matters

 

14.1 Australian Consumer Law

Nothing in these Terms of Use in any way affects your rights under the Australian Consumer Law (as contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

Other than your rights under the Australian Consumer Law, we do not make any express warranties that our services will be uninterrupted, secure or error-free, or that data loss will not occur.

 

14.2 Inability to carry out obligations

If we are unable to perform any or all of our obligations under these Terms of Use by reason of an event which is not reasonably within our control including omissions or impositions by federal or national government authorities, fire, flood, earthque and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.

 

14.3 Indemnity

You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage or claim which we may suffer or incur in relation to:

  • (a) any breach by you of your warranty under section 6.6 of these Terms of Use;
  • (b) any beach by you of your obligations under section 4, 6.4 or 7 of these Terms of Use; or
  • (c) any illegal, negligent or tortious act or wrongdoing by you in accessing or using our services or this website.

 

14.4 Interpretation

In these Terms of Use, unless the contrary intention appears:

  • (a) words importing the singular include the plural and vice versa;
  • (b) references to the words include and including must not be interpreted as being limiting;
  • (c) references to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; and
  • (d) headings will be ignored in construing these Terms of Use.

 

14.5 Governing law and jurisdiction

These Terms of Use are governed by the laws in force in the State of Victoria and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria (including the Federal Court of Australia).

 

14.6 Liability

Subject to clause 14.1 above and to extent permitted by law, we will not be liable for special, indirect or consequential loss, damage or other claim howsoever arising in relation to our services, including in relation to any failure or technical issues that limits or prohibits your use of our services, except liability for death or personal injury arising from our negligence, wilful misconduct or fraud.

 

14.7 Our employees and agents

None of our employees or agents have the authority to vary these Terms of Use in individual cases.

 

14.8 Severability

The provisions of these Terms of Use will be deemed to be severable and any invalidity of any provision of this agreement will not affect the validity of the remaining provisions of these Terms of Use.

 

14.9 Survival

Term within these Terms of Use which are intended to apply after termination will survive termination.

 

14.10 Taxes

You are solely responsible for payment of any tax or like liability that arises as a result of your using this website or our services, and you indemnify us against any liability in relation to such amounts.

 

14.11 Transaction by minors

If we suffer any damage or loss as a result of a person who is under 18 years old entering into (or purporting to enter into) a transaction via this website, we reserve the right to seek compensation from any parent/guardian of that person.

 

14.12 Transferring rights

You must not transfer your rights or obligations under these Terms of Use to any person without our prior written consent. We may transfer our rights and obligations under these Terms of Use to any person at any time without notice.

 

14.13 Waiver

Any delay or failure by us to enforce any rights under these Terms of Use does not constitute waiver.

 

15 Contacting us

You can contact us about our services and these Terms of Use at support@crackersystems.com