This online platform (Platform) is operated by Bar Trick Parkour Pty. Ltd. ABN 57 620 640 646 or its successors and assignees (we, our or us). It is available at: www.bartrickparkour.com and may be available through other addresses or channels.
In these terms and conditions, Platform refers to our directory of and forum for events, competitions, meet-ups, performances, entertainment and other activities relating to parkour, bar calisthenics, tricking and other related disciplines, exercises and activities. The Platform connects individuals interested in the parkour, bar calisthenics or tricking community (or any other related discipline) (Users) with businesses, individuals and other entities offering a wide range of events, competitions, training opportunities or meetups, as listed on the Platform (Services Providers) by providing a directory of Service Providers and events on our Platform.
If you are agreeing to these Terms not as an individual but on behalf of a company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms and using our services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) to create an account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
Please read these Terms carefully and cease using the Platform if you do not agree to the Terms. We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current Terms.
The Platform provides a directory of Service Providers and their goods or services, a forum and other functionality connecting or informing individuals about, for example, relevant events, meet-ups, jams, performances, competitions and suppliers.
A Service Provider that wishes to be listed on the Platform and create a listing (1) creates an account on the Platform and (2) posts an accurate and complete description of the good or service to be provided (or information about a meet-up or a jam, for example) (including, for example the location of any services provided or events or competitions being organised, pricing information and/or fees for entry) (Listing). As a Service Provider, you are obligated to keep up to date any information you provide in a Listing, for example the date and time of any event you organise.
By creating a Listing for products or services (including but not limited to competitions and events), the Service Provider confirms that s/he is legally entitled and capable of supplying the products or services described in the Listing, including but not limited to that the Service Provider has obtained any necessary consents or licences to legally offer the relevant goods or services.
You understand and agree that the Platform is an online introductory and information platform only, and that our responsibilities are limited to facilitating the user functionality and availability of the Platform. We are not an employment agency or labour hire business and Service Providers are not our employees, contractors, partners or agents.
We are not a party to any agreement entered into between a Service Provider and a User. We have no control over the conduct of Service Providers, Users or any other users of the Platform.
We accept no liability for any aspect of the User and Service Provider interaction, including but not limited to the description of products and services offered, the performance of services and the delivery of goods.
We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
You can browse and view the Platform as an unregistered user of the Platform. You must register on the Platform and create an account (Account) to access some features on the Platform.
You may create separate Accounts if you wish to be listed as both a Service provider and a User on the Platform. You may only have one Account as a Service Provider on the Platform and one Account as a User on the Platform.
You must provide basic information when registering for an Account including name, email address, and location and login details will be generated. If you choose a username (or if the Site allows you to choose a username), the username you choose must not (i) be offensive or in other ways insulting or (ii) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
If you are a Service Provider, we may review your request for an Account before approving the request. We may request additional information, including details of your drivers’ licence, evidence of any public liability insurance and details of your technical expertise. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
Once you have registered an Account, your account information will be used to create a profile which you may then curate (Profile). Your Profile is personal and you must not transfer it to others, except with our written permission.
You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.
You are responsible for keeping your Account and Profile details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details, whether or not you authorised such activities or actions.
You will immediately notify us of any unauthorised use of your Account.
At our sole discretion, we may refuse to allow any person to register or create an Account.
Users may rate a Profile (Rating) and/or may provide feedback to a Service Provider regarding the Service Provider’s goods or services purchased by that User (Review).
Ratings and Reviews of a User can be viewed by any user and will remain viewable until the relevant Service Provider’s Account Profile is removed or terminated.
A User must provide true, fair and accurate information in their Review.
If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the User from posting the Review. We do not undertake to review each Review made by a User.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews for Service Providers to which you have personal or professional relations.
The Platform has a forum on which registered users are able to communicate.
We ask you to limit your discussions to topics which are relevant to the Platform.
We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
It is free to register an Account on the Platform or for Users to review content on the Platform, including Listings.
Service Providers may be charged a recurring subscription fee to create and maintain an Account on the Platform, or to be able to create Listings on the Platform. Any applicable membership or subscription fee for Service Providers will be set out on the Platform.
The Platform does not provide a mechanism for Users to pay for goods or services, or event attendance fees or any other fees of Service Providers through the Platform. Users and Service Providers must organise payments between themselves independently of the Platform.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including (without limitation):
anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using our Platform to defame, harass, threaten, menace or offend any person;
interfering with any user using our Platform;
tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Platform;
anything that might violate any local, state, national or other law or regulation or any order of a court, including, without limitation, zoning and tax regulations;
as a Service Provider, offering any goods or services that you do not intend to honour or cannot provide;
using our Platform to send unsolicited email messages; or
facilitating or assisting a third party to do any of the above acts.
You are prohibited from using our Platform, including the information and materials available on it (Content), in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.
The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty regarding it, to the extent permitted by law. The Content is subject to change without notice. However, we do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or outof- date.
Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the Content. Your use of our Platform and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform or the Content.
You must not, without the prior written consent of ourselves or the owner of the Content (as applicable):
copy or use, in whole or in part, any Content;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
breach any intellectual property rights connected with our Platform, including (without limitation) by:
(1) altering or modifying any of the Content;
(2) causing any of the Content to be framed or embedded in another website; or
(3) creating derivative works from the Content.
You may be permitted to post, upload, publish, submit or transmit relevant information and content, including Reviews (User Content) on our Platform. By making available any User Content on or through our Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.
You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.
Third party sites: Our Platform may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites.
Discontinuance: We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.
Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights).
Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.
The goods and services provided by a Service Provider might also confer you certain Statutory Rights.
To the extent permitted by law, we make no representations or warranties about our Platform, the Content, Service Providers, Users, the products or services offered by Service Providers or Listings including (without limitation) that:
they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
access will be uninterrupted, error-free and free from viruses;
our Platform will be secure;
the products or services offered by Service Providers are safe for consumption, or are free from any risk; or
the products or services offered by Service Providers will be requested by Users or that Users will find desirable products or services.
You read, use, and act on our Platform and the Content at your own risk. We are in no way responsible for your participation in any activities or competitions (including but not limited to parkour, bar calisthenics or tricking), or any injury you suffer as a result of participating in these activities.
Limitation of liability: Despite anything to the contrary, to the maximum extent permitted by law:
our maximum aggregate Liability arising from or in connection with these Terms (including the services we provide and/or the subject matter of these Terms) will be limited to, and must not exceed the aggregate amount of fees paid by you to us during the three-month period immediately preceding the event that gave rise to the Liability or $100 if no such fees have been paid; and
we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Despite anything to the contrary, to the maximum extent permitted by law, we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
(1) event or circumstance beyond our reasonable control;
(2) acts or omissions of you or your personnel;
(3) any defect, error, omission, lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit), inaccessibility of, interruption or outage with respect to the Platform;
(4) use of the Platform and/or Content;
(5) any inaccuracy regarding any Listing or the content in any Listing;
(6) interaction you have with other users whether in person or online;
(7) any injury or loss to any person, including but not limited to participating in parkour events or competitions which, by their nature, are activities involving a significant level of risk;
(8) Content which is incorrect, incomplete or out-of-date; or
(9) breach of these Terms or any law.
You agree that, to the maximum extent permitted by law, these Terms exclude all terms, conditions
and warranties implied by statute, in fact or on any other basis, except to the extent such terms,
conditions and warranties are fully expressed in these Terms.
As a Service Provider, you agree that you are solely responsible for obtaining and maintaining
relevant and adequate insurance covering the products or services you are offering, including but not
limited to if you are offering parkour competitions or events.
This clause will survive the termination or expiry of these Terms.
Indemnity: To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered by us arising from or in connection with your use of our Platform or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent
from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Any cancellation, exchange or refund of the products or services offered by a Service Provider to Users is strictly a matter between the Service Provider and the User. The terms and conditions agreed to between the Service Provider and the User should be set out clearly in Listings in respect of the goods or services offered by a Service Provider, or otherwise easily accessible by a User.
In relation to any subscription fees payable to us (by a Service Provider), the subscription fee is notrefundable. There will be no refunds or credits for any unused part of a subscription (or part thereof).
You may cancel your Account and terminate these Terms at any time via the “Cancel Account” feature (or similar) on our Platform or by sending us an email to the address at the end of these Terms. You can also deactivate your Account at any time via the Platform.
We may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to the email address in your Account.
At our sole discretion, we may suspend your Account or terminate these Terms immediately without notice if (i) you are in breach of these Terms, any applicable laws, regulations or third party rights (ii) as a Service Provider your Listings or the products or services you offer at any time fail to meet any applicable quality or eligibility criteria, (iii) you have received poor Reviews or Ratings or we have received complaints about you or, as a Service Provider, any of your products or services.
Disputes: We encourage Service Providers and Users to attempt to resolve disputes (including claims for returns or refunds) with other users directly. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must meet at least once to attempt to resolve the Dispute or agree on the method of resolving
the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.
We recommend that Service Providers obtain appropriate insurance for supplying their goods or services. If you are a Service Provider and you obtain an insurance policy, please review any relevant insurance documentation carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy.
You may not assign, transfer or delegate these Terms and your rights and obligations under the Terms without our prior written consent. We may without restriction assign, transfer or delegate these Terms and any rights and obligations under these Terms, at our sole discretion, with 30 days prior notice. Your right to terminate these Terms, in accordance with these Terms, remains unaffected.
If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Your use of our Platform and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for
complying with the laws of the jurisdiction where you access our Platform.
For any questions and notices, please contact us at:
Bar Trick Parkour Pty. Ltd. ABN 57 620 640 646
Last update: 14 May 2018
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