1. YOUR AGREEMENT WITH US

Before using this service and becoming a member, you must accept the terms and conditions set out below and pay the fee applicable to you under “schedule of fees”.  The Agreement between KSO and you is not entered into until KSO has verified your details, your payment has been received, and KSO has confirmed your membership by email.  Once membership is confirmed, membership will remain valid for the period advised at the time of becoming a member (“membership period”).

2. THE SERVICES - WHAT KSO PROVIDES

2.1    KSO is an interactive website (the website) which brings techniques commonly used by athletes, coaches, officials and teams, to the general population. KSO uses a friendly format in order to assist anyone with a desire to succeed in sport.

2.2    KSO does not provide:

a.    Advice on how to train

b.    Medical opinions or other opinions about the physical safety of the training regime which you have decided to follow.

3. ACCESS TO SERVICES

 

3.1    In order to access some KSO services and to post content, you will be required to create a KSO account (‘registered account’).  To help protect your account and personal information, you will be asked to sign into your registered account with a username and password.

 

3.2    Additional to the information you must provide to KSO under Clause 3.1, KSO will also ask you to provide personal information including name, date of birth, nationality and personal information regarding your participation in sport.

 

4. YOUR OBLIGATIONS AS A USER

 

4.1    You agree not to disclose your password or personal information at any time to any third party.  If you are sharing a computer, you should always log out following use to prevent access to information by others.  If you become aware of unauthorised use of your password, you must notify KSO immediately on the contact details provided below in Section 20.

 

4.2    You must comply with Australian laws and regulations when using the website.  In particular, you must not: 

 

a.    Upload, post, transmit, share, store or otherwise make available any content that contains nudity, or obscene, lewd, harassing, racist, violent, bigoted, sexually explicit or otherwise objectionable subject matter. 

 

b.    Solicit any personal information from anyone under the age of 18.

 

c.    Provide extensive personal information which may jeopardise your or any third parties’ safety (including telephone numbers and street addresses).

 

d.    Provide false or misleading information.

 

e.    Further or promote any illegal and or criminal activities including child pornography, fraud, drug dealing, stealing, sending viruses or other harmful files, patent infringement or theft in trade secrets.

 

f.     Post, modify, distribute or reproduce in any way other copyrighted material, trademarks or other proprietary information belonging to others without obtaining the consent of that owner.

 

g.    Engage in any commercial activities and or sales on the website without prior written consent from KSO.

 

h.    Post a photograph of another individual without that person’s consent.

 

i.     Attempt to impersonate another KSO user.

 

j.     Use the login name and password of any other user at any time. 

 

k.    Break into or hack into private member areas.

 

l.     Modify or copy the layout of the website or any computer software and code contained in the website.

 

m.   Modify, copy, distribute, reproduce, download, display, post, transmit or sell site content.

 

5. KSO’S OBLIGATION TO YOU

 

5.1    Except as described in this Agreement, KSO will not disclose information personal to you to any third parties outside of KSO’s business operations. 

 

5.2    Information provided will not be used for any purpose other than to operate and improve the KSO website and provide the services you have requested.

 

6. ALLOWING OTHERS TO VIEW YOUR ACCOUNT

 

Users over the age of 16 may permit certain information in their registered account to be made available for other members and visitors to view.  Children under the age of 16 are not permitted to use this service.  If KSO suspects any child under the age of 16 is using this service, KSO reserves the right to terminate or delete the account.  If a parent or guardian becomes aware that his or her child has been using this service, being under the age of 16, that parent or guardian must contact KSO immediately on the contact details provided below under Section 20.

 

7. PROPRIETARY RIGHTS IN CONTENT

 

7.1    After posting content to the website, you retain all ownership rights to that content.  You accept you are solely responsible for all content that you submit to the website or provide to the service.

 

7.2    You consent to KSO and KSO’s affiliated personnel, viewing personal registered accounts at any time. 

 

8. RENEWAL OF MEMBERSHIP

 

8.1    At the end of your 12 month membership period, you will be informed of your registered account status and given the option of renewing membership for the next 12 months.  If you elect not to renew your membership, or allow this offer of membership to lapse, your registered account will become invalid and membership will be cancelled.

 

8.2    When offering renewed membership, KSO has the right to alter the membership fee payable.

 

9. TERMINATION OF YOUR ACCOUNT

 

9.1    You may terminate your account with KSO at any time by giving KSO notice in writing.  KSO will not refund your membership fee or part of your membership fee if you terminate your account before the anniversary of you becoming a member or renewing your membership.

 

9.2    KSO reserves the right to terminate membership, delete your accounts and or any content or information posted by you, for any reason, or no reason, at any time in its sole discretion, with or without notice.

 

10. TRANSFER OF REGISTERED ACCOUNTS

 

This Agreement is a personal one and you cannot transfer this Agreement or sell this Agreement to any third party.  If you no longer wish to use KSO’s services, you must terminate the Agreement as set out in Clause 9.1.

 

11. FEES

 

11.1    You agree to pay KSO an annual fee for the services provided, as specified under Section 12.  This fee must be paid to KSO prior to the confirmation of your membership.

 

11.2    Unless otherwise stated, all fees are quoted in Australian dollars.  You are responsible for paying all fees associated with the website in a timely manner with a valid payment method. 

 

11.3    If the payment method fails or your account is past due, KSO may collect fees owed using other collection mechanisms.

 

12. SCHEDULE OF FEES

 

Membership Level

Fees Payable

Free

AU$0.00 (No Charge)

Go Pro

AU$12.00pa (payment via PayPal)

 

13. DISCLAIMERS

 

13.1    You agree to take sole responsibility for any content or any activities or actions within your registered account, whether or not these activities are authorised.  KSO assumes no responsibility or liability for any offensive, inappropriate, obscene, unlawful or otherwise objectionable material posted by you.  The website does not endorse and has no control over the content in your registered account and does not have an obligation to monitor such content for any purpose. 

 

13.2    KSO assumes no responsibility or liability for unauthorised access to your registered account.

 

13.3    KSO assumes no responsibility for any incorrect or inaccurate content posted on the KSO website, whether this is caused by you or by any equipment or programming utilised by the KSO’s staff.  KSO gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained in the website.

 

13.4    KSO does not assume a duty of care to users. 

 

13.5    KSO assumes no responsibility or liability for the providing of misleading or false information regarding age requirements.

 

13.6    KSO is not responsible for any content or opinions expressed on linked websites (third party websites). Such websites are not monitored and the permission of links to third party websites does not imply approval or endorsement by KSO.

 

13.7    KSO is not responsible for the conduct of its users.  This refers to both online and offline conduct.

 

13.8    KSO is not responsible for any problems or technical malfunctions causing delay, deletion, error, omission, theft or unauthorised access to your information and registered account.

 

14. LIMITATION OF LIABILITY

 

14.1    In no event will KSO be liable to you or to any third party for any damages whatsoever, arising out of the use or inability to use the site or any services, whether based on contract, warranty, tort (including negligence) or product liability.

 

14.2    KSO’s liability will at all times be limited to the amount paid to KSO for the services provided during the term of membership.

 

15. INDEMNITY

 

You will indemnify and hold KSO (and KSO’s officers, directors, agents, partners and employees), harmless from any claim, loss, liability or demand, including reasonable legal fees, made by any third party due to or arising out of the users’ breach of this agreement, or the users’ breach of any law or the right of a third party.

 

16. THE LAW WHICH APPLIES TO THIS AGREEMENT

 

The parties agree that this Agreement was entered into in NSW Australia and that the laws of NSW Australia apply.   

 

17. DISPUTES

 

17.1    Where any dispute arises between the parties, either party must refer the dispute to mediation.  If resolution by that means is not achieved, court proceedings may be commenced under the laws of NSW.

 

17.2    The mediation must be conducted by a person trained in mediation procedures.  If the parties cannot agree on an appropriate mediator, the parties will accept a mediator nominated by the President of the Institute of Arbitrators and Mediators.

 

18. MODIFICATIONS OF TERMS AND CONDITIONS

 

18.1    KSO retains the discretion to modify, suspend and or terminate the site and services without notice. 

 

18.2    KSO may modify, add or delete portions of this Agreement at any time.  Continued use of the website following such changes constitutes acceptance of the new terms of use.     

19. GENERAL

 

19.1    This Agreement constitutes the entire Agreement between you and KSO regarding your use of KSO services and supersedes all prior and contemporaneous agreements and understandings.

 

19.2    The use of section titles in this agreement are for convenience only and have no legal or contractual effect. 

 

19.3    The singular includes the plural and vice versa

 

20. CONTACT DETAILS

 

Click here to contact us