WEBSITE TERMS & CONDITIONS & PRIVACY STATEMENT
These terms and conditions apply to the use of this Site, including the use of the services offered on this Site. In using this Site, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using this Site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Site.
Disclaimer (Use of the Site)
Livingfootball 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 Livingfootball in good faith on an “as is” basis without warranty of any kind.
Livingfootball 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.
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.
Livingfootball 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.
Livingfootball recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information.
Limitation of Liability (Use of the Site)
Livingfootball will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site. Under no circumstances will Livingfootball 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 this Site results in the need for servicing or replacing of equipment, Livingfootball will not be liable for those costs.
Where liability cannot be excluded, any liability incurred by Livingfootball is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.
Intellectual Property Rights and Copyright
© Joachim Lipburger since 2016. All rights reserved.
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 Joachim Lipburger or third party suppliers as the case may be.
All trademarks and trade names which appear on this Site are proprietary to Joachim Lipburger 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.
In case any property rights have been infringed upon you can contact us via email: [email protected]
The publication of Livingfootball’s email addresses on this Site is to facilitate communications relating to the Online Coaching and Services supplied by Livingfootball. It must not be inferred as consent by Livingfootball to receive unsolicited commercial electronic messages.
Booking – Field Training
By agreeing to the terms and conditions of Livingfootball I agree to my son/daughter/myself taking part in the activities of Livingfootball Coaching. I agree to inform the staff/ coaches of any medical condition or relevant medical history of my son/daughter/myself. I understand that the Coaches or Organisers accept no responsibility for loss, damage or injury caused by or during attendance on any of the Livingfootball organised activities except where such loss, damage or injury can be shown to result directly from the negligence of the Coaches or the Organisers. I understand that my child’s or my photograph (if I am the attendee) may be taken and that there may be video recordings in order to document the progress. You irrevocably grant to Livingfootball a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such photos and videos throughout the world in any media. You expressly waive in favour of Livingfootball all moral rights in any jurisdiction.
You will ensure that your child will wear the correct equipment and clothing, for children above the age of 4 shin pads must be worn.
Basis Of Contract And Ordering Online Coaching Program
From time to time, Livingfootball will offer Online Coaching Program for sale.
These Site Terms apply exclusively to every Contract.
Any quotation, displayed price, order list or order confirmation provided by Livingfootball to you for the proposed supply of Online Coaching 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 Livingfootball on these Site Terms.
A Contract is formed when Livingfootball confirms acceptance of your order and receipt of your payment.
You must not purchase the Online Coaching Program for the purpose of re-supply.
Livingfootball in its absolute discretion may refuse to accept any order from you.
Payment for the Online Coaching Program occurs on the day of purchase and is a recurring monthly membership payment.
The recurring payment is not a contract. Members can cancel the recurring payment by cancelling before their next payment is due.
APPLICATION OF SITE TERMS
This Site is owned and operated by Livingfootball.
Through this Site:
you can register as a member;
purchase access to the Online Coaching Program; and
access the Online Content, subject to being eligible.
You can purchase field training sessions:
5 Levels Development Program (5LDP) and its addon sessions
Livingfootball may amend these Site Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Site Terms, as amended.
Livingfootball 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
You may be prompted to register for access to this Site and to submit certain information in order to fully utilise the Online Coaching Program provided (Member Information). The Member Information may include, but is not limited to, your name, contact details and credit card details.
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.
Membership is non-transferable.
Livingfootball may terminate your membership at any time by notice to You. You may terminate your membership by written notice to Livingfootball.
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.
You must indemnify Livingfootball for any losses, costs, expenses or damages that Livingfootball may suffer or incur if any if the Member Information provided by you is not correct.
Use of Online Coaching
You acknowledge and agree that all Online Coaching program exercises, information & videos are protected by copyright or other intellectual property rights and laws and remain the property of Joachim Lipburger or third party suppliers as the case may be.
Other than as required to use the Online Coaching 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 Coaching Program;
(b) modify or make any alterations, additions or amendments to any part of the Online Coaching Program;
(c) create derivative works from, any content, information, software, Online Coaching Program;
(d) convert the Online Coaching 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 Coaching Program or reproduce all or any portion of the said components;
(f) remove, alter, circumvent or tamper with any trademarks, copyright notices, copyright protection devices, disclaimers or other legal notices.
Regardless of whether the Online Coaching Program includes security technology that limits your use of the Online Coaching Program, you must comply with these provisions or you may infringe copyright.
Disclaimer (Use of The Online Coaching Program)
Livingfootball does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Online Coaching Program or that they are suitable for your intended use. The use of the Online Coaching Program is at your own risk.
Livingfootball does not warrant or represent that the Online Coaching Program is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
Online Coaching Program may include material from third party authors or suppliers.
You agree that Livingfootball is not responsible for examining or evaluating the content or accuracy of the third party material and Livingfootball does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
Livingfootball, its authors or its suppliers may make changes to the Online Coaching Program at any time in their sole discretion without notice or liability.
Livingfootball reserves the right to suspend, remove, or disable access to Online Coaching Program at any time without notice or liability.
Liability (Online Coaching Program and Service)
Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Coaching Program or Services, the agreement between you and Livingfootball 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 Coaching Program or the Services or any contractual remedy for their failure.
If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against Livingfootball for failure of a statutory guarantee under the Australian Consumer Law Schedule of the Competition and Consumer Act.
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.
You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Livingfootball in relation to the Australian Consumer Law Schedule of the Competition and Consumer Act Program or the Services or their use or application.
From time to time, you may be able to post reviews and/or comments and/or upload videos and/or files and/or training diaries regarding the features of this Site or the Online Coaching Program (Member Submissions). You irrevocably grant to Livingfootball a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews, comments, videos, files and training diaries throughout the world in any media. You expressly waive in favour of Livingfootball all moral rights in any jurisdiction.
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 Livingfootball for any losses, costs, expenses or damages that Livingfootball may suffer or incur as a result.
Livingfootball reserves the right, but not the obligation, to review, edit or delete any Member Submissions that Livingfootball deems to be illegal, offensive or otherwise inappropriate.
Pricing and Payment for Online Coaching Program
You agree to pay for Online Coaching Program in the manner specified in these Terms and on the Site.
Prices displayed for the supply of Online Coaching Program include GST, and any other taxes or duties imposed on or in relation to the Online Coaching Program.
Subject to clause of the next paragraph payment for the Online Coaching Program must be made by credit card or PayPal payment immediately prior to confirmation of your order. You will not be able to access the Online Coaching Program until payment is received.
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 Coaching Program.
You are eligible for a discount of $10 for every field session package as stated in the product as long as your subscription is active.
The discount applies only to 1 player per Online Coaching Program subscription since every player needs his own Online Coaching subscription.
This offer might be revoked at any time.
Delivery of Online Coaching Program
Livingfootball will make the Online Coaching Program available for access from the Site.
Any period or date for the access of the Online Coaching Program stated by Livingfootball is an estimate only and not a contractual commitment.
Livingfootball will use its reasonable endeavours to meet any estimated dates for access to the Online Coaching 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.
You must advise Livingfootball in writing within 72 hours after payment for the Online Coaching Program has been confirmed:
of the inability of the Online Coaching Program to be accessed;
if there is damage to the Online Coaching Program; or
that the wrong Online Coaching Program has been received.
I may be paid to provide certain advertisements and certain advertisements may be free.
We have affiliate products in our shop. Livingfootball is not the seller. We only provide product links.
Accuracy of Information
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
We don’t take any liability resulting in the use of our website.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
If not stated otherwise in the coupon description all coupons are valid for 3 months and can be used only once. Only 1 coupon per player and per order is accepted.
Promotional coupons validity time can change at any time.
Payment & Refund
Depending on the product we accept Direct Bank Transfer, Paypal and Credit Card payments via Paypal and Stripe. For subscriptions, we use subscription payments via Stripe Credit Card payments. Surcharge for Stripe, Credit Card and subscription payments and for payments via Paypal may apply. With some products, we accept Cash, payable at the first session. We do not give any refund for a written customised training plan. By ordering our subscription products you are going into contract with Livingfootball for the stated time period and will be charged monthly until the end of the contract, starting on the day of purchase. We do not give any refunds for all our products since they are physical field sessions. An exception is if we specifically name the refund information in the product description. We reserve us the right to give a refund out of courtesy, if we think it is appropriate and depending on the case. The surcharge for Paypal, Stripe, Subscription and Credit Card payments will not be refunded. We reserve us the right to cancel a session and refund your paid amount or reschedule your appointment.
Cancellations and Refunds for The Online Coaching Program
If Livingfootball is unable to deliver or provide the Online Coaching Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, Livingfootball will refund to you the purchase price.
No purported cancellation or suspension of an order or any part of it by you is binding on Livingfootball once the order has been accepted and payment confirmed.
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.
Livingfootball will not otherwise provide any refunds so choose carefully.
Notification of Changes
Livingfootball believes that privacy is important to the success and use of the Internet. This statement sets forth Livingfootball policy and describes the practices that we will follow with respect to the privacy of the information of users of this site. Should you have any questions about this policy or our practices, please send an email to [email protected]
What Personal Information we collect:
Livingfootball collects your personal information online when you voluntarily provide it to us. If you choose to register online, we ask you to provide limited personal information, such as your name, address, telephone number and/or email address. We also collect information that will allow you to establish a username and password if you would like to do that. We will also collect some personal information regarding to you as a football player when you voluntarily provide it to us.
How to Review and Change Your Personal Information
If you register for a Livingfootball account, you may review and change your personal information by logging into your Livingfootball account.
How We Use Personal Information That We Collect Online
We may use your personal information within Livingfootball: (1) to provide you with the services and products you request; (2) to answer questions about our services; billing, payment methods or use of our website; (3) to process or collect payments for our services, (4) to conduct customer surveys; and (5) to contact you about the products and services that we offer.
Disclosure of Personal Information to Third Parties
We will not disclose any personal information to any third party (excluding our contractors to whom we may provide such information for the limited purpose of providing services to us and who are obligated to keep the information confidential), unless (1) you have authorized us to do so; (2) we are legally required to do so, for example, in response to a subpoena, court order or other legal process and/or, (3) it is necessary to protect our property rights related to this website. We also may share aggregate, non-personal information about website usage with unaffiliated third parties. This aggregate information does not contain any personal information about our users.
How We Protect Information Online
We exercise great care to our best knowledge to protect your personal information. We cannot ensure or warrant the security of any information you transmit to us or receive from us. This is especially true for information you transmit to us via email since we have no way of protecting that information until it reaches us since email does not have the security features that are built into our websites.
In addition, we limit Livingfootball ’employees and contractors’ access to personal information. Only those employees and contractors with a business reason to know have access to this information. We educate our employees about the importance of maintaining the confidentiality of customer information. We review our security arrangements from time to time as we deem appropriate.
How can you help protect your information?
If you are using a Livingfootball website for which you registered and choose a password, we recommend that you do not divulge your password to anyone. We will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of the Livingfootball website and close your browser window when you have finished your work. This is to ensure that others cannot access your personal information and correspondence if others have access to your computer.
Links to Other Sites
We want to provide site visitors valuable information, services and products. Featured programs and other site content within the Livingfootball site may link our users to third party sites. Livingfootball does not control and is not responsible for practices of any third-party websites.
By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of New South Wales. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.
Livingfootball’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of Joachim Lipburger’s rights.
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.
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.
To Return to the Site
To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.
From time to time, we may change this privacy statement. For example, as we update and improve our services, new features may require modifications to the privacy statement. Accordingly, please check back periodically.