WEBSITE TERMS & CONDITIONS
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 providers 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.
(Joachim Lipburger trading as Livingfootball)
You acknowledge and agree that all content, coding, graphics, and information available on this Site is protected by copyright, trademark 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 TrainingBy agreeing to the terms and conditions of Livingfootball I agree for this and any future sessions with Livingfootball for 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 of 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 for any non-commercial & commercial use. 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 programmes, memberships & add-ons provided by Livingfootball
From time to time, Livingfootball will offer programmes, memberships & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball 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/Membership occurs on the day of purchase and is a recurring monthly membership payment and is a non-transferrable membership for 1 person unless you purchase a multi-membership which will specifically state the number of players who have the right to access the program/membership.
Payments for any programmes, memberships & add-ons provided by Livingfootball occur on the day of purchase and might be a recurring monthly membership payment or a once-off payment.
The recurring payment is not a contract. Members can cancel the recurring payment in their members account by cancelling before their next payment is due.
APPLICATION OF SITE TERMS
This Site is owned and operated by Joachim Lipburger trading as Livingfootball.
Through this Site:
you can register as a member; purchase access to any programmes, memberships & add-ons provided by Livingfootball; and access the Online Content, subject to being eligible.
You can purchase field training 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 any programmes, memberships & add-ons provided by Livingfootball (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 a non-transferable membership for 1 person unless you purchase a multi-membership which will specifically state the number of players who have the right to access the program/membership.
Livingfootball may terminate your membership at any time by notice to You. You may terminate your membership by written notice to Livingfootball before a new billing cycle starts or you can cancel on your account page.
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 of the Member Information provided by you is not correct.
Use of Online Coaching, memberships & all other offered programs & addons
You acknowledge and agree that any exercises of all programmes, memberships & add-ons provided by Livingfootball, information & videos are protected by copyright or other intellectual property rights and laws and remain the property of Joachim Lipburger trading as Livingfootball or third party suppliers as the case may be.
Other than as required to use any of the programmes & add-ons provided by Livingfootball 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 any programmes & add-ons provided by Livingfootball;
(c) create derivative works from, any content, information, software, any programmes & add-ons provided by Livingfootball;
(d) convert any programmes & add-ons provided by Livingfootball 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 any programmes & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball include security technology that limits your use of any programmes & add-ons provided by Livingfootball, you must comply with these provisions or you may infringe copyright.
Disclaimer (Use of any programmes, memberships & add-ons provided by Livingfootball)
Livingfootball suggests consulting a doctor or health care professional before starting any of our programmes, memberships, add-ons, services or sessions provided by Livingfootball to exclude any health risks & to deem you eligible.
Livingfootball does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of any programmes & add-ons provided by Livingfootball or that they are suitable for your intended use. The use of any programmes & add-ons provided by Livingfootball is at your own risk.
Livingfootball does not warrant or represent that any programmes, memberships & add-ons provided by Livingfootball are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.
Any programmes, memberships & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball at any time in their sole discretion without notice or liability.
Livingfootball reserves the right to suspend, remove, or disable access to any programmes, memberships & add-ons provided by Livingfootball at any time without notice or liability.
Liability (any programmes, memberships & add-ons provided by Livingfootball and Service)
Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to any programmes, memberships & add-ons or services provided by Livingfootball, 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 any programmes, memberships & add-ons or services provided by Livingfootball 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 a 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 any programmes & add-ons or services provided by Livingfootball (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 for any non-commercial & commercial usage. 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 any programmes, memberships & add-ons or services provided by Livingfootball
You agree to pay for any programmes, memberships & add-ons or services provided by Livingfootball in the manner specified in these Terms and on the Site.
Prices displayed for the supply of any programmes, memberships & add-ons or services provided by Livingfootball include GST, and any other taxes or duties imposed on or in relation to any programmes unless otherwise stated, memberships & add-ons or services provided by Livingfootball if applicable.
Subject to the clause of the next paragraph payment for any programmes, memberships & add-ons or services provided by Livingfootball must be made by credit card payment immediately prior to confirmation of your order. You will not be able to access any programmes, memberships & add-ons or services provided by Livingfootball 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 any programmes, memberships & add-ons or services provided by Livingfootball.
Any discounts in connection with any programmes, memberships & add-ons or services provided by Livingfootball apply only to 1 player per program subscription/membership since every player needs his own subscription/membership.
These discount offers might be revoked at any time.
Delivery of any programmes, memberships & add-ons or provided by Livingfootball
Livingfootball will make any programmes, memberships & add-ons provided by Livingfootball available for access from the Site.
Any period or date for the access of any programmes, memberships & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball 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 any programmes, memberships & add-ons provided by Livingfootball has been confirmed:
of the inability of any programmes, memberships & add-ons provided by Livingfootball to be accessed;
if there is damage to any programmes, memberships & add-ons provided by Livingfootball; or
that a wrong program, memberships or add-on provided by Livingfootball 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.
CouponsIf 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, Cancellation & 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/membership products you are going into contract with Livingfootball for the stated time period and will be charged monthly until you cancel your subscription/membership on your account page, starting on the day of purchase. Make sure to cancel your subscription/membership on your account page before a new billing cycle starts in order to not be charged for the next month. We do not give any refunds for all our physical field sessions. For cancellation & refund of any programmes, memberships & add-ons provided by Livingfootball see the next paragraph. 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/membership 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 any programmes & add-ons provided by Livingfootball
If Livingfootball is unable to deliver any programmes, memberships & add-ons provided by Livingfootball, 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
T&C’s updates From time to time, we may change this statement. For example, as we update and improve our services, new features may require modifications to the privacy statement. Accordingly, please check back periodically.