Terms Of Use | PADDLE IN MASTERY

These terms and conditions apply to the use of this Site and the Online Exercise Program accessible via this Site. The Site, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.

During your Paddle In Mastery membership, subject to these Terms, Paddle In Mastery grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have registered. Paddle In Mastery reserves all rights not expressly granted herein in the Services. Paddle In Mastery may terminate this license at any time for any reason or no reason.

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of Online Exercise & Nutrition Program by Paddle In Mastery to you;

“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;

“Online Content” means the online content provided by Paddle In Mastery to You, including but not limited to the consumer Exercise content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by Paddle In Mastery via the Site;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Online Exercise Program” means the online courses, webinars, or private coaching on a variety of topics relevant to Paddle In Mastery including the Online Content purchased via the Site;

“Paddle In Mastery” means Cloudbreak Group Pty Ltd trading as Paddle In Mastery;

“Services” means the services provided by Paddle In Mastery which allows you to access the Online Content, Site and Program;

“Site” means the website https://paddleinmastery.com/;

”Site Terms” means these terms and conditions;

“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise Program from Paddle In Mastery.

APPLICATION OF TERMS OF USE

1. The Services are owned and operated by Paddle In Mastery.
2. Through this Site:
   • 2.1 you can register as a member;
   • 2.2 purchase access to the Online Exercise Program; and
   • 2.3 access the Online Content, subject to being eligible.
3. Paddle In Mastery may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.
4. Paddle In Mastery reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

MEMBERSHIP AND MEMBER INFORMATION

5. You may be prompted to register for access to the Services on this Site and to submit certain information in order to fully utilise the Online Exercise Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. You are responsible for any and all activities on this Site which occur under your login and password.
7. You will be able to access and modify your membership details from the Site.
8. Membership is non-transferable.
9. Paddle In Mastery may terminate your membership at any time by notice to You. You may terminate your Website membership by cancelling within your ’Settings’ page at least 24 hours before the date when your next payment is due (written notice via email is not sufficient).
10. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
11. You must indemnify Paddle In Mastery for any losses, costs, expenses or damages that Paddle In Mastery may suffer or incur if any if the Member Information provided by you is not correct.
12. Paddle In Mastery will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from Paddle In Mastery isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from Paddle In Mastery at any time.

PAYMENT TERMS

Billing

13. Membership to the Online Exercise Program is purchased on a one time payment basis in Australian Dollars. On occasion, Membership may also be purchased through a special offer during defined periods.
14. You authorise Paddle In Mastery to collect/deduct payment immediately upon signup or, where relevant, thereafter on an automatic monthly, quarterly, bi-annual or annual basis.
15. You can begin the Program on any day of the week and complete the Program at your own pace and time.
16. Users will get immediate access and go straight into the Program.
17. Access to the program will not be given until payment has been finalised and successfully processed. 

PRIVACY

18. Paddle In Mastery may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to Paddle In Mastery’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for Paddle In Mastery to deal with your personal information

SECURITY OF INFORMATION

19. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.
20. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.
21. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site.

LINKS TO OTHER SITES

22. You may be able, through hypertext or other computer links, to gain access to other sites operated either by Paddle In Mastery, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under Paddle In Mastery’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, Paddle In Mastery is not responsible for the content of any Linked Sites, or any changes or updates to such sites. Paddle In Mastery provides these links for your convenience only. You link to any such Linked Sites at your own risk. Paddle In Mastery is not a party to any transaction between you and a Linked Site. Unless specified, Paddle In Mastery does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)

23. Paddle In Mastery does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site (Information) or that it is suitable for your intended use. The Information is provided by Paddle In Mastery in good faith on an “as is” basis without warranty of any kind.
24. Paddle In Mastery does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site and the Information is at your own risk.
25. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.
26. Paddle In Mastery makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.
27. Paddle In Mastery recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

LIMITATION OF LIABILITY (USE OF THE SITE)

28. Paddle In Mastery will in no way be liable to any party for any injury, loss or damage arising out of or related to the use, the inability to use, or misuse of the Information on this Site. Under no circumstances will Paddle In Mastery be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site results in the need for servicing or replacing of equipment, Paddle In Mastery will not be liable for those costs.
29. Where liability cannot be excluded, in no event will any liability incurred by Paddle In Mastery to you exceed, in total, the amounts paid by you to us.
30. Paddle In Mastery cannot guarantee smooth running of the Site on the member’s wireless carrier.

THIRD PARTY MATERIAL

31. Certain Information may include material from third parties.
32. You agree that Paddle In Mastery is not responsible for examining or evaluating the content or accuracy of the third party material and Paddle In Mastery does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
33. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Paddle In Mastery is not in any way responsible for any such use by you.

INTELLECTUAL PROPERTY (SITE)

34. © Paddle In Mastery 2020. All rights reserved.
35. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Paddle In Mastery or third party suppliers as the case may be.
36. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Paddle In Mastery’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.
37. All trademarks and trade names which appear on this Site are proprietary to Paddle In Mastery and/or its affiliates. Use of these trademarks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trademarks except with the express written consent of the respective owner.

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

38. Paddle In Mastery takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by Paddle In Mastery or individuals, groups or companies interacting with the Services, you can notify us at support @ paddleinmastery.com.

SPAM

39. The publication of Paddle In Mastery’s email addresses on this Site is to facilitate communications relating to the Online Exercise Program and Services supplied by Paddle In Mastery. It must not be inferred as consent by Paddle In Mastery to receive unsolicited commercial electronic messages

MEMBER SUBMISSIONS / User Generated Content

40. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Online Exercise Program (Member Submissions). You irrevocably grant Paddle In Mastery a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Paddle In Mastery all moral rights in any jurisdiction.
41. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify Paddle In Mastery for any losses, costs, expenses or damages that Paddle In Mastery may suffer or incur as a result.
42. Paddle In Mastery reserves the right, but not the obligation, to review, edit or delete any Member Submissions that Paddle In Mastery deems to be illegal, offensive or otherwise inappropriate.

BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE PROGRAM

43. From time to time, Paddle In Mastery will offer Online Exercise Programs for sale.
44. These Site Terms apply exclusively to every Contract.
45. Any quotation, displayed price, order list or order confirmation provided by Paddle In Mastery to you for the proposed supply of Online Exercise Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with Paddle In Mastery on these Site Terms.
46. A Contract is formed when Paddle In Mastery confirms acceptance of your order and receipt of your payment.
47. You must not purchase the Online Exercise Program for the purpose of re-supply.
48. Paddle In Mastery in its absolute discretion may refuse to accept any order from you.

PRICING AND PAYMENT FOR ONLINE EXERCISE PROGRAM

49. You agree to pay for Online Exercise Program in the manner specified in these Terms and on the Site.
50. Prices displayed for the supply of Online Exercise & Nutrition Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise Program.
51. Subject to clause 58, payment for the Online Exercise Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise Program until payment is received.
52. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise Program.

DELIVERY OF ONLINE EXERCISE PROGRAM

53. Paddle In Mastery will make the Online Exercise Program available for access from the Site.
54. Any period or date for the access of the Online Exercise Program stated by Paddle In Mastery is an estimate only and not a contractual commitment.
55. Paddle In Mastery will use its reasonable endeavours to meet any estimated dates for access to the Online Exercise Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
56. You must advise Paddle In Mastery in writing within 72 hours after been advised that the Online Exercise Program is available for access from the Site:

56.1 of the inability of the Online Exercise Program to be accessed;

56.2 if there is damage to the Online Exercise Program; or

56.3 that the wrong Online Exercise Program has been received.

57. Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

CANCELLATIONS AND REFUNDS

58. If Paddle In Mastery is unable to deliver or provide the Online Exercise Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, Paddle In Mastery will refund to you the purchase price.
59. No purported cancellation or suspension of an order or any part of it by you is binding on Paddle In Mastery once the order has been accepted and payment confirmed.
60. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.
61. Paddle In Mastery will not otherwise provide any refunds so choose carefully. *We do not provide refunds should you change your mind after purchase.*

TERMINATION OF ACCESS

62. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 24 through 28 inclusive will nevertheless survive any such termination.

USE OF ONLINE EXERCISE PROGRAM

63. You acknowledge and agree that all Online Exercise Program is protected by copyright or other intellectual property rights and laws and remain the property of Paddle In Mastery or third party suppliers as the case may be.
64. Other than as required to use the Online Exercise Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Exercise Program;

(b) modify or make any alterations, additions or amendments to any part of the Online Exercise Program;

(c) create derivative works from, any content, information, software, Online Exercise Program;

(d) convert the Online Exercise Program into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Exercise Program or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

65. Regardless of whether the Online Exercise Program includes security technology that limits your use of the Online Exercise Program, you must comply with these provisions or you may infringe copyright.

DISCLAIMER (USE OF THE ONLINE EXERCISE PROGRAM)

Personal Injury Disclaimer

66. Paddle In Mastery does not warrant or represent that the Online Exercise Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
67. Online Exercise Program may include material from third party authors or suppliers.
68. You agree that Paddle In Mastery is not responsible for examining or evaluating the content or accuracy of the third party material and Paddle In Mastery does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
69. Paddle In Mastery, its authors or its suppliers may make changes to Online Exercise Program at any time in their sole discretion without notice or liability.
70. Paddle In Mastery reserves the right to suspend, remove, or disable access to Online Exercise Program at any time without notice or liability.

LIABILITY (ONLINE EXERCISE PROGRAM AND SERVICE)

71. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Exercise Program or Services, the agreement between you and Paddle In Mastery does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Exercise Program or the Services or any contractual remedy for their failure.
72. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against Paddle In Mastery for failure of a statutory guarantee under the ACL.
73. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
74. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Paddle In Mastery in relation to the Online Exercise Program or the Services or their use or application.

MISCELLANEOUS

75. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
76. Paddle In Mastery’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Paddle In Mastery’s rights.
77. If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.
78. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

LICENSE ACKNOWLEDGMENT

79. These Terms and the license granted herein are between Paddle In Mastery and You. This license is limited to a non-transferrable license to use the Online Exercise Program or Services.

TO RETURN TO THE SITE

80. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.

October 2020