TERMS AND CONDITIONS
1.Definitions and Interpretation
The following words have these meanings in these terms and conditions unless and to the extent necessarily inconsistent with the context:
Accredited Coaches means people approved by AFL to be coaches;
AFL means the Australian Football League (ACN 004 155 211) of 140 Harbour Esplanade, Docklands, Victoria, 3008;
AFL Marks means AFL and AFL (including AFL men’s and AFL women’s) Club logos, company and business names, trade names, logos, symbols, emblems, designs, or other indicia and any other Intellectual Property whatsoever, registered or unregistered, currently owned and in existence or to be developed in the future by the AFL;
Free RM Coach means the training program of RM entitled “RM Coach” with limited functionality and range of training drills as amended or substituted from time to time that is accessible to You using the Coach.AFL Platform upon agreeing to these terms and conditions. The Free RM Coach has less functionality than the Premium RM Coach;
Coach.AFL Platform means the AFL’s official online coaching platform owned and operated by the AFL at the URL www.Coach.AFL on which (among other things) coaching education programs are available for persons to become Accredited Coaches and Accredited Coaches can click a link to access the RM Coach and also access static versions of the AFL Drill Library and other relevant coaching materials;
“GST” means goods and services tax within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 as amended or substituted from time to time and any applicable additional tax, penalty tax, fine, interest or other charge.
Intellectual Property means all company and business names, trade names, trademarks, logos, symbols, emblems, designs or other indicia, inventions, patents, trade secrets, processes and any other intellectual property whatsoever (including copyright), registered or unregistered, currently owned and in existence or to be developed in the future by AFL or RM;
Licence means the licence to use RM Coach set out in clause 2 below;
Premium RM Coach means the full suite of Drill Library and functions made available to you on payment of the Subscription Fee;
RM means Rookie Me Pty Ltd ACN 158 931 474 309 of Hampton Street, Hampton, Victoria, 3188 or its successors or assigns;
RM Coach includes both Free RM Coach and also Premium RM Coach;
RM Marks means and includes “Rookie Me”, RM Coach, RM Connect and any other trade marks of RM used in RM Coach;
RM Suite means any suite of online software managed or operated by RM from time to time (other than the AFL Drill Library Environment) and shall include (without limitation) RM Academy, the RM Coach Platform, the RM Connect Platform and RM Skills;
Subscription Fee means the fee payable by you to use Premium RM Coach. This may be an annual fee as set out in the RM website being $269.97 (including GST) (the “Annual Subscription”) or a monthly fee as set out in the RM website (the “Monthly Subscription”);
Term means, subject to clause 2, the twelve month period from agreement by You to these terms and conditions and shall, unless otherwise indicated on the website of RM at any time prior to expiry be renewed by payment of the Subscription Fee to RM;
You means the natural person who has sought to use RM Coach to provide personal coaching to one or more teams subject to these terms and conditions. Where RM has facilitated sporting clubs to provide Premium RM Coach to its coaches, then references to “You” are references jointly and severally to that sporting club and each such coach.
1.2 In these terms and conditions unless the contrary intention appears:
- a reference to a person includes a reference to a corporation firm association or other entity, and vice versa;
- the singular includes the plural and vice versa;
- a reference to any gender includes a reference to all other genders;
- a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions;
- an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally;
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning;
- an agreement, representation or warranty made in favour of two or more persons is made for the benefit of them jointly and for each of them severally; and
- if an act required to be done under these terms and conditions on or by a given day is done after 5:30 pm on that day, it is taken to be done on the following day.
1.3 These terms and conditions supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject matter of these terms and conditions, and sets forth the entire and exclusive understanding between the parties relating to the subject matter of these terms and conditions.
1.4 These terms and conditions may be amended by RM at any time, with such amendments taking effect when RM sends notice of the amendments or a copy of these terms and conditions as amended to the Purchaser.
2.1 RM grants a non-exclusive revocable non-transferable personal licence to You to use Free RM Coach to personally undertake coaching during the Term or until otherwise terminated pursuant to these terms and conditions.
2.2 Upon payment of the Subscription Fee, RM grants a non-exclusive revocable non-transferable personal licence to You to use Premium RM Coach to personally undertake coaching in Australia:
- where You pay and RM receives as cleared funds the Annual Subscription, for the Term. The licence to use Premium RM Coach shall end on expiry of the Term unless the then current Subscription Fee is paid for the renewal. If You do not continue to make payment for a further year for Premium RM Coach then You still will continue to be able to use Free RM Coach;
- where You pay and RM receives as cleared funds the Monthly Subscription, then the licence to use Premium RM Coach shall end on expiry of a calendar month from the date of payment unless the then current Monthly Subscription is again paid and received by RM as cleared funds for that calendar month. Where a trial period is allowed for Your use of Premium RM Coach then the payment shall be for the period of a month after that trial period ends. If You do not continue to make the payments for Premium RM Coach then You will continue to be able to use Free RM Coach; or
- or unless and until the Licence otherwise expires or is terminated pursuant to these terms and conditions.
2.3 You agree not to loan or allow your licence to use RM Coach to be used by any other person.
2.4 You represent and warrant that the information provided by You in applying for a licence to use RM Coach is true correct and complete to the best of your knowledge, information and belief.
2.5 You agree to provide reasonable assistance on request of RM to review compliance with these terms and conditions including access to computers or other equipment that have been used by You in connection with RM Coach.
2.6 You acknowledge and agree that Premium RM Coach functionality will end automatically and without notice unless the Subscription is paid in accordance with clause 2.2.
2.7 RM may end the subscription immediately and without notice and without need for refund at any time including without limiting the generality of the foregoing if it has reason to believe that:
- You have ceased to be accredited by the AFL;
- You have breached these Terms and Conditions;
- You provided false information to RM;
- There has been any allegation of conduct that could prevent or lead to the removal of the grant of a “working with children” approval or constitute conduct that might be reasonably considered to be inappropriate.
3.1 The Subscription shall be payable in advance by cleared funds in the manner set out in RM Coach for the application process for Premium RM Coach.
3.2 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)
3.3 Your Subscription Plan for the Service will automatically renew, unless you cancel your Subscription Plan
3.4 If you subscribe to the Service and you wish to cancel your auto-renewal or change your subscription, you can cancel or manage your subscription:
From your computer, in Rookie Me Coach, in the 'Account' 'Subscriptions'
3.5 Cancellation of your auto-renewal will only be effective at the end of the current monthly subscription period and you will continue to have access to the Service until the end of the relevant monthly subscription period. No pro-rata refunds will be provided to customers that cancel during a monthly subscription period.
4. Common sense
4.1 The drills and material in RM Coach are generic in nature and must be used with common sense and having regard to the age, abilities, fitness, health, physical capabilities and skills of Your team.
4.2 RM and the AFL and their officers, staff and contractors do not purport to provide medical advice.
5. Intellectual Property
5.1 You acknowledge and agree that:
- You obtain no right title or interest in the Intellectual Property and including RM Coach (including the drills as described in RM Coach), the RM Suite, the AFL Marks or the RM Marks or goodwill in the AFL Marks or the RM Marks and are strictly prohibited from using RM Coach those trade marks in any way without the express prior written consent of the AFL or RM (as the case may be);
- You assign any right title and interest in any copyright works (including future copyright) created by You when using RM Coach but have an express personal licence to use that material solely for undertaking personal coaching by You of one or more teams;
- You receive no right title or interest in RM Coach;
- You will not disseminate, broadcast, distribute, transmit, post on any website, (whether online, using social media, printed form or otherwise) any aspect of RM Coach or material generated using RM Coach;
- The licence to use RM Coach does not include commercial purposes.
6. Privacy and Respect
6.1 RM and AFL respect Your privacy as set out in their Privacy Policies. You agree to respect the privacy of other people including the people on Your team in a manner consistent with the privacy policies of the AFL and of RM.
6.2 You agree to use RM Coach in a way that shows respect for others including the members of Your team and other teams and coaches and not to use any function of RM Coach that demeans, bullies, slanders or otherwise treats any person with less respect that You would wish to receive.
6.3 You acknowledge and agree that RM Coach includes references to products and services of RM and AFL and authorised third parties.
7. Releases and Indemnities
7.1 This clause is subject to legislation such as the Competition and Consumer Act 2010 that implies guarantees, warranties, and conditions that cannot be excluded.
7.2 You acknowledge and agree that you will not suffer any consequential or special damages in any circumstances, as the Licence is for personal and not commercial use. You agree to release and indemnify RM and the AFL from and against any liability for consequential and special damages that you might otherwise claim against them in relation to this agreement.
7.3 You agree to indemnify, release, and hold harmless RM and the AFL, their officers, staff and contractors from and against any liability arising from or as a result of:
- any breach by You of this Agreement;
- downtime or unavailability of RM Coach or of any aspects of RM Coach from time to time;
- any malicious code, viruses or actions of third parties.
7.4 Without limiting the generality of the foregoing, in no circumstances shall the liability of RM to You arising from or with regard to this Agreement exceed the Subscription Fee.
RM reserves the right to amend these terms and conditions from time to time by posting those amended terms and conditions on its website. You agree to be bound by the terms and conditions in force at the later of the time that you agreed to these terms and conditions or at the time of the immediately preceding renewal of the Licence by You.
The Licence may be assigned or novated by RM to any person or entity upon notification to You either by notification through RM Coach or posting on the website of RM. Upon assignment or novation, RM will be released from all obligations under the Licence.
8.3 Unavoidable Events
No failure or omission to carry out or observe any of these terms and conditions will give rise to a claim by any party against another or result in a breach of these terms and conditions if such failure or omission arises by reason of delay or inability to perform caused by war, whether declared or not, civil rebellion, strike, fire, storm or other severe action of the elements, accident, government or statutory restriction or from other similar causes which are unavoidable or beyond the reasonable control of the defaulting party.
8.4 No Waiver or Variation
A provision of or a right created under these terms and conditions may not be waived or varied except in writing signed by the party or parties to be bound by the waiver or variation.
8.5 Provisions Survive Completion
Each provision of these terms and conditions capable of having effect after completion and each representation and warranty made in these terms and conditions shall survive the execution, delivery and completion of these terms and conditions and the performance of all obligations under these terms and conditions and shall not merge on completion. Without limiting the generality of the foregoing, clauses 4, 5.1, 6, 7, 8 and 9 shall survive expiry or termination of the Licence for any reason.
8.6 Rule of Construction
The parties acknowledge and agree that no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these terms and conditions or part of them.
9. Governing Law and Jurisdiction
9.1 These terms and conditions shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.
9.2 Each of the parties irrevocably submits to and accepts the exclusive jurisdiction of the Courts of the State of Victoria or the Commonwealth of Australia and any Courts of appeal from these Courts.