FootyIQ TERMS AND CONDITIONS

1.  Application
   • FootyIQ is a video on demand subscription service that provides its customers with access to Australian rules football training videos and other audio-visual content ("Content") for streaming on a on demand basis over the internet to certain internet connected devices ("Service") which is provided by One on One Football Pty Ltd (ACN 128 688 273) ("we", "us" or "our").
   • This subscriber Agreement governs your use of the Service (including your use of the Website) and your use of the Software (as defined in clause 2(a) below).
   • You agree to this Agreement by clicking “I agree” (or other similar industry standard wording) during the FootyIQ registration process when registering an account to access the Service ("Account") and you ratify the Agreement when you use any aspect of the Service.
   • If you do not agree to be bound by the terms of this Agreement, you must not use the Service.
   • This Agreement incorporates:
     • your Account details;
     • these terms and conditions; and
     • our Privacy Policy.
   • This Agreement continues month to month unless you cancel your Account or we terminate this Agreement in accordance with the terms of this Agreement.
2.  ELIGIBILITY AND REGISTRATION
   • To register for an Account which will allow you to subscribe to the Service, you must:
     • be at least 18 years of age;
     • provide us with your email address;
     • select a Subscription Plan in accordance with clause 1 of this Agreement
     • provide us with the details of your valid, current and accepted method of payment, as may be updated from time to time ("Payment Method");
     • accept the terms of this Agreement; and
     • agree to receive news, offers and updates on the Service (including in accordance with our Privacy Policy and applicable law).
   • We may request that you provide proof of your identity where it is reasonable to do so and you must comply with any such request. For the avoidance of doubt, we may elect to suspend your access to the Service and/or your Account where we have requested proof of identity from you under this clause until such time as we receive adequate proof of identity, in our absolute unfettered discretion.
3.  ACCESS
   •  Account
     • To access the Service, you must:
       • register an Account;
       • have a Supported Device that is connected to the internet; and
       • pay the monthly Subscription Fee (as defined below) in accordance with clause 2 below.
     • You can view and change your Account details, including information about billing, payment and your registered Supported Devices, by visiting the Website.
     • You are solely responsible and liable for activity that occurs on your Account and you are responsible for maintaining the confidentiality of your password and Account details.
     • You must not permit another person (other than a member of your household) to use your Account password to access and use the Service. You are also responsible for maintaining and regularly updating the accuracy of the information you provide to us relating to your Account. If you suspect that your Account details have been compromised, you must notify us immediately and must change your Account details as soon as practicable.
     • If we reasonably believe that there has been, or is likely to be, a breach of security of your password, we may block or reset your password and require you to reset your password.
   •  Limited Licence
     • During each Subscription Period where you have paid the applicable Subscription Fee, we grant you a limited, non-exclusive, personal and non-transferable licence to:
       • access the Service and view Content through the Service on a streaming basis; and
       • install and use any software and/or applications provided to you by or on behalf of us in connection with your use of the Service ("Software") in object code form only solely for the purpose of accessing the Service and viewing Content through the Service, subject to the terms and conditions set out in this Agreement.
     • You must only use the Service (and view any Content on the Service) in accordance with our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.
     • Except for the limited licence granted under clause 2(a) above, all rights in the Content are reserved by us and all rights in the Software are reserved by us or the third party licensors of software contained within the Software.
     • The Service, the Software and any Content that you view via the Service are for your personal and non-commercial use only and may not be made available to view in any commercial premises.
   •  Technical Requirements
     • You must ensure, before you subscribe to a Service, that your internet connection speed is appropriate for streaming audio-visual content and that your personal computer, tablet, mobile devices, operating system and any other associated connected equipment are compatible and satisfy all other technical requirements as set out on the Website (“Supported Device”).
     • Users are responsible for all costs arising from their use of the Service including, without limitation, all subscription, browsing/data charges and internet costs. Subscription Fees do not include data costs that are dependent on how much and how you download content and your agreement with your provider.
     • If your Supported Device is a PC or a Mac, the Service is accessed via the website https://oneononefootball.mykajabi.com ("Website").
     • When you use the Service, some information will be automatically collected in accordance with our Privacy Policy through the use of cookies to assist us in making your user experience of the Service more enjoyable. The Service cannot operate if you set your browser to reject all cookies.
     • From time to time, you may be required to upgrade the Software to continue using the Service. If you decline an upgrade, you may not be able to use or access the Service.
     • We and our sub-contractors may use industry standard content access technology to protect intellectual property, including copyrighted content. If a Supported Device fails to properly enforce restrictions on content usage, content owners may require the relevant provider of the industry standard technology to revoke the device’s ability to consume protected content. Revocation should not affect unprotected content or content protected by other content access technologies. You may be required to upgrade any relevant industry standard system to access content. If you decline an upgrade, you will not be able to access content that requires the upgrade.
   •  Limitations on use
     • The Service (or a particular Subscription Plan) may implement a limit on the number of devices that may be registered to your Account at any one time. We may monitor the number of devices registered to an Account.
     • As a web based service, we may undertake maintenance or upgrades to the Website from time to time, and there may be unplanned outages to the Website. Such maintenance, upgrades or outages may affect your ability to access the Service. We will use our reasonable endeavours to limit such incidents.
     • The quality of the display of Content, and the time it may take to commence or resume watching Content, may vary from time to time and between Supported Devices, based on factors including (but not limited to) your location, internet speed or bandwidth and the type of Supported Device. We make no warranties or representations about the quality of your viewing experience or the time it may take to commence or resume viewing, nor that your viewing experience will be seamless or uninterrupted.
     • High Definition video quality availability is subject to your Internet service and device capabilities. Not all Content on the Service is available in High Definition video quality.
     • The Content on the Service will change from time to time without notice to you. We make no warranty or representation in relation to Content availability and no refunds will be given in relation to Content unavailability.
     • You must not:
       • use the Service for any improper or unlawful purpose or allow anyone else to do the same;
       • download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use any Content, Software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Service or the Website, except as expressly authorised under the terms of this Agreement or with our express written consent;
       • circumvent, disable or otherwise interfere with security-related or anti-piracy features of the Service or any features which prevent or restrict the use, distribution or copying of the Service or any Content;
       • permit another person (other than a member of your household) to use your Service
       • remove any proprietary notice of us or any of our licensors from the Content, the Software or the Website; or
       • download Content except for a temporary buffer required to overcome variations in stream bandwidth.

4.  SUBSCRIPTION PLANS
   •  Selecting a Subscription Plan
     • You can subscribe to the Service by purchasing a subscription plan for a Service (Subscription Plan) for a specified Subscription Period displayed at the time of purchase (Subscription Period) via the Website. Information on the inclusions within each Subscription Plan is available on the Website.
     • You must choose your Subscription Plan when you create your Account.
   •  Price Payable for Subscription Plan
     • The price for each Subscription Plan will be displayed at the time of purchase including, where applicable, any introductory pricing for a specified period (Subscription Fee). You must pay the Subscription Fee in advance of each Subscription Period.
     • We may change your Subscription Fee at any time by giving at least 30 days' notice to you.
     • We may also change your Subscription Fee without notice if required by law, or if any regulatory authority requests or requires a change to any part of our pricing which directly affects your Subscription Fee or our pricing structure. We will use our best endeavours to give you reasonable notice of any change to the Subscription Fee under this subclause.
     • Unless expressly stated otherwise, all Subscription Fees are GST inclusive
   •  Subscription Period
     • Your first monthly Subscription Period for your Subscription Plan starts when you:
       • create your Account; and
       • pay your first Subscription Fee from your Payment Method.
     • Your Subscription Plan will automatically renew at the end of each Subscription Period for a further Subscription Period, unless you cancel your Subscription Plan in accordance with clause 1 or we cancel your Subscription Plan in accordance with clause 6.3.
   •  Changing your Subscription Plan
     • You can change your Subscription Plan by logging into your Account through the Website.
     • If you subscribe to the Service and you wish to change your Subscription Plan, you can manage your Subscription Plan through your Account.
     • If you wish to change your Subscription Plan to a Subscription Plan with a higher Subscription Fee, you will be able to access your new Subscription Plan immediately and the new Subscription Fee will be applied pro-rata for the remainder of the Subscription Period, which will be charged immediately upon upgrade. The full Subscription Fee for your new Subscription Plan will be charged in advance at the start of your next Subscription Period.
     • If you wish to change your Subscription Plan to a Subscription Plan with a lower subscription Fee, the change will take effect at the end of your current Subscription Period (or free trial if applicable) and no pro-rata refunds will be provided. You will be charged your new Subscription Fee at the start of your next Subscription Period.
   •  Payment Methods
     • By registering your Account and providing us with the details of your Payment Method, you authorise us to charge your Payment Method the Subscription Fee for your chosen Subscription Plan in accordance with this Agreement.
     • You must ensure that the details of your Payment Method remain accurate and up to date. You may update your Payment Method through your Account. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
     • If you created your Account on the 29th or 30th of the month, your Payment Method will be charged the monthly Subscription Fee on the anniversary of such date in each month except for February, where your Payment Method will be charged the monthly Subscription Fee on the last day of the month. If you created your Account on the 31st of the month, your Payment Method will be charged the monthly Subscription Fee on the last day of each month.
     • If your chosen Payment Method is a credit card or debit car, to ensure your Valid Card is not being used fraudulently, we may validate your Valid Card with a small pre-authorisation. This will result in the funds available on your Payment Method account being reduced by this amount. These funds are held by your card issuer. It may take some days for the validation amount to be re-adjusted on your Payment Method account.
     • If we are unable to collect the Subscription Fee from your Payment Method(s) for any reason, including, without limitation, expiration or insufficient funds, you remain responsible for any uncollected amounts and we may suspend or cancel your access to the Service without giving you notice until we have successfully charged a valid Payment Method.
     • If we are able to collect the Subscription Fee from your Payment Method(s) during a period of suspension under clause 5(e)(including without limitation where you provide us with new or updated details of your Payment Method) we will reinstate your access to the Service and your new monthly Subscription Period will commence on the date we successfully charge your Payment Method.
     • including identifying the Supported Devices registered to your Account, to determine eligibility for Promotional Offers, to confirm your right to use the Service and to otherwise enhance and improve the Software and the Service. By installing the Software and using the Service, you consent to the transmission of this information.

5.  PROMOTIONAL OFFERS
   • We may offer free trials to some Account holders, which is subject to our sole discretion.
   • Your access to the Service including your Subscription Plan may include a free trial period (see clause 5.1 above) or other promotional discount or benefit ("Promotional Offer"). We reserve the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Offer in our absolute discretion, including that we reserve the right to revoke any Promotional Offer and put your Account on hold in the event that we determine you are not eligible. Promotional Offers may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, this Agreement.
   • It is your responsibility to know:
     • when your free trial period ends; and
     • the applicable Subscription Fee for your Subscription Plan.
   • During a free trial period, you will not be required to pay any Subscription Fee, subject to clause 5. Your credit card may be charged a small nominal amount to verify your credit card but this verification charge will be refunded without you needing to take any further action.
   • We may use information such as device ID, Payment Method (including your credit card details) or an Account email address used with an existing or recent Subscription Plan to determine Promotional Offer eligibility. The eligibility requirements and other limitations and conditions associated with a Promotional Offer will be disclosed at the time you sign-up or in other communications provided or made available to you. We may charge for Promotional Offers based on the then current monthly Subscription Fee for your Subscription Plan if we consider that the Promotional Offer is being abused.
   • You may cancel your Account during the free trial period in accordance with clause 1. If you do not cancel your account before the expiry of the free trial period, your Subscription Plan will commence immediately after the expiry of the free trial period and you will be charged the Subscription Fee for your Subscription Plan.
6.  SUSPENSION AND CANCELLATION
   •  Cancelling your Account
     • You may cancel your Subscription Plan through your Account, in which case your Subscription Plan will not automatically renew for a further Subscription Period at the end of the current Subscription Period. You will continue to have access to the Service until the end of the current Subscription Period and no pro-rata refunds will be provided.
     • You may cancel your Subscription Plan at any time by visiting https://oneononefootball.mykajabi.com logging into your Account and following the directions to cancel your Subscription Plan.
     • If your Subscription Plan commenced with a free trial and you cancel your Subscription Plan during the free trial period, cancellation is effective immediately and your Subscription Plan will be closed and your access to the Service will be disconnected from the date you cancel.
     • If your Subscription Plan did not commence with a free trial or you cancel your Subscription Plan at any time after the end of your free trial, cancellation is effective at the end of the current Subscription Period and your Subscription Plan will be closed and your access to the Service will be disconnected from this date.
     • To the extent permitted by the applicable law and subject to clause 9.9 below, you will not receive a refund of any fees or other amounts already paid to us when you cancel.
     • If you wish to cancel as a result of us changing this Agreement in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about that change. Your cancellation will be effective as of the date of the change to this Agreement, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
   •  Reactivating your subscription
     • If you wish to re-subscribe for a Subscription Plan, you must login to your Account on the Website and click on “Reactivate my subscription” then follow our prompts to select a Subscription Plan and enter a valid Payment Method.
   •  When we may cancel or suspend your Account
     • We may cancel this Agreement or your Account at any time. Except as set out in clause 3(b) below, if we cancel this Agreement or your Subscription Plan, you will be able to access the Service for the remainder of the current monthly subscription period, unless we cancel your account during a free trial period, in which case your access to the Service will cease immediately upon cancellation.
     • We may immediately suspend, restrict or cancel your Account or access to the Service:
       • where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
       • if you use the Content or the Service other than for private, non-commercial use, or in a way that is inconsistent with this Agreement or the requirements of our licensors;
       • if any payments owed to us have not been paid by the due date;
       • where we reasonably believe your Account is being used in breach of this Agreement or that you have otherwise breached any term of this Agreement;
       • if we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account;
       • if we consider on reasonable grounds that you, or someone else using your Account, have committed or may be committing any fraudulent activity against us or against any other person or organisation through your or their use of the Service or your Account;
       • we believe on reasonable grounds that you have caused genuine distress to, or have exhibited inappropriate behaviour towards any of our employees, agents or contractors, including but not limited to behaviour that is harassing, indecent, abusive and/or offensive;
       • we believe on reasonable grounds that you have made multiple complaints without a reasonable basis for doing so and you continue to make such complaints after we have made reasonable efforts to notify you to stop; or
       • where we are required to do so by law or to comply with (or manage our compliance with) a notice, order, direction or request of a regulatory authority.
     • Where cancellation by us is due to your breach of our Terms, we are under no obligation to provide any refund or provide notice.

7.  INTELLECTUAL PROPERTY
   •  Ownership of Intellectual Property
     • Copyright, trade marks and intellectual property rights in all material, content or software supplied as part of the Service(including the Content, and all other works, subject matter and other material comprising or available on the Website), other than materials posted or uploaded by users of the Service, and the Software are owned by us or where applicable our licensors, content partners or advertisers, and users obtain no interest in those rights.
     • FootyIQ, FootyIQ’s graphics and logos are trademarks of One on One Football Pty Ltd (ACN 128 688 273). Our trademarks may not be used in conjunction with any product or service other than the Service. All other trademarks that appear on the Website that are not owned by us are the property of their respective owners.
     • Except for the limited licence provided under clause 2, no right, title or interest in any material, content or software supplied as part of the Service shall be deemed transferred to you, and there shall be only a limited licence and not a sale with respect to any material, content or software supplied as part of the Service.
     • The Services contains technology subject to certain intellectual property rights of the copyright owner of the relevant technology. Use or distribution of any such technology outside of the Service is prohibited without the appropriate license from the applicable owner of the intellectual property rights.
   •  Infringement
     • All content on a Service is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or intellectual property rights in the content of the Service.
     • We take the infringement of copyright and other intellectual property rights very seriously. We reserve the right to take all steps necessary to prevent the unauthorised copying, distribution, reproduction, transmission, communication or exploitation of the Content or the Software.
     • You will not, and you will not assist, facilitate or authorise any third party to:
       • copy, transfer, publish, rent, reproduce, record, upload, communicate, frame, reverse engineer, decrypt, decompile, disassemble, alter or commercially exploit a Service or any material or content you obtain from a Service;
       • sell or make any charge for watching or using any part of a Service; or
       • show any part of a Service in public to an audience, even if no charge is made.
     •  User submitted materials
       • We may permit you to post or upload content, information or other material to your Account or in connection with the Service.
       • You may not post or upload anything which is illegal, obscene, threatening, defamatory, which infringes any person’s rights (including without limitation intellectual property rights) or is otherwise objectionable to us. By posting any such material, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free licence to use, copy, display, sublicense, modify, adapt and communicate that material to the public.
       • We make no warranties or representation and accept no liability in relation to any materials submitted by any user of the Services including its content, adequacy, completeness or accuracy.
       • To the extent permitted by applicable law, you unconditionally and irrevocably:
         • consent, and will obtain all other necessary unconditional and irrevocable written consents from any persons involved in producing any materials you post or upload to the Services, to any act or omission that would otherwise infringe any moral rights in any of those materials which is posted, uploaded, communicated or otherwise made available by you via the Service; and
         • waive, and will obtain all other necessary unconditional and irrevocable written waivers of, all moral rights.

8.  LIABILITY
   • To the maximum extent permitted by law (but subject to clause 2):
     • the Service and all Content and Software and any other features or functions associated with the Service, are provided “as is” and “as available” with all faults and without warranty or condition;
     • we do not make any promises or assurances to you about the Service, the Content or the Software, including without limitation that your use of the Service or the Software will be uninterrupted or error-free;
     • we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other Content available on or via the Service or the Website and we do not accept any liability in relation to your reliance on such information, advice or other Content;
     • all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Service or otherwise in connection with this Agreement are expressly excluded to the maximum extent permissible at law;
     • we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Service or the Website.
   • Nothing in these Terms excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. The Service provided to you under these Terms comes with guarantees that cannot be excluded under the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For major failures with the Service, you are entitled:
     • to cancel your Service contract with us; and
     • to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel this Agreement and obtain a refund for the unused portion of any Subscription fee paid for your Subscription Plan.

• Where permitted under local law, including the Australian Consumer Law, the liability, excluding any liability arising from gross negligence, wilful misconduct and/or fraud, of us, our related bodies corporate, suppliers, agents and contractors for any breach of a term or condition implied by law is limited at our discretion, to the supply of any service again or the payment of the cost of having any service supplied again. However, we cannot limit its liability in this manner if you establish that it would not be fair or reasonable for us to do so.
• You are responsible for all acts and omissions of any person who uses your Account to access the Service.
• In addition to any rights against you that we may have under this Agreement, you will be liable to us and must keep us, our related bodies corporate, suppliers, agents and contractors indemnified against any loss, cost, expenses, damage or other liability (including legal costs on a solicitor/client basis) arising out of any claim or demand against us by you or any person other than you, which arises from or is connected with our supply or removal of the Service to you or your use of the Service, unless and to the extent that any loss, cost, expense, damage or other liability is caused by or contributed to our, our related bodies’, suppliers’, agents’ or contractors’ wilful default, negligence or breach of these Terms or any law.
• You agree to fully indemnify and hold harmless us and our related bodies corporate, suppliers, agents and contractors against any and all liabilities, claims (actual, threatened or potential), loss (including consequential loss) and damage incurred in connection with and arising from:
  • your use of or access to the Service in breach of these Terms; or
  • any materials which you post or upload to the Service, or communicate or otherwise make available through the Service and/or your Account.

This indemnity will survive termination of this Agreement.

• Your dealings with, or participation in promotions by, any third party advertisers on or through the Service are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on a Service.

9.  CHANGES TO THESE TERMS AND CONDITIONS
   • We may change the terms of this Agreement at any time. We will notify you of any material change prior to the date such change comes into effect.
   • If any such change has a materially detrimental effect on you, you may cancel your subscription in accordance with clause 1(f). If you do not agree to any change to the terms of this Agreement, you must discontinue use of the Service.
10.  PRIVACY
    • We collect, store, use and disclose personal information in accordance with our Privacy Policy. By creating an Account, you consent to us collecting, storing, using and disclosing your personal information in accordance with our Privacy Policy.
    • From time to time, we may send you communications to provide marketing, advertising, and other news or offers regarding the Service. If you no longer want to receive certain communications from us via email or other means, simply access the “Account” option in the “Manage Account” section of our website and select “No” to receive emails in the “Personal Information” section. Alternatively, click the “unsubscribe” link in the email. We note that you cannot unsubscribe from transactional or service-related correspondence from us, including communications relating to your account transactions or important updates to the Service.
11.  GENERAL
    •  Notices

If we give you any notice that is required under these Terms, we shall give it to you by electronic communication or via the Website or the Service.

•  Assignment

We may transfer any or all of our rights and/or obligations under this Agreement to any person, firm or company provided such transfer does not detrimentally affect your rights under this Agreement. You must not transfer any or all of your rights and/or obligations under this Agreement to any other person.

•  Customer Support

To find more information about the Service and its features or if you need assistance with your Account, please visit the customer support page on our Website. In the event of any conflict between this Agreement and information provided by customer support or other portions of our website, this Agreement will prevail to the extent of the inconsistency.

•  Governing Law

This Agreement is governed by the laws of Queensland, Australia and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.

•  Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

•  Survival

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

•  No Advice

You acknowledge and agree that the Content you receive through the Service is intended for informational and entertainment purposes only. The Content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.

• Class Action Waiver

Where permitted under the applicable law and excluding for any matter litigated in a small claims forum, you and us agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, unless both you and us agree otherwise, the court may not consolidate more than one person’s claims with your claims nor combine any arbitration with another, and may not otherwise preside over any form of a representative or class proceeding.