Please refer below to the Terms and Conditions statement regarding the participation in Hoops Never Sleeps (hereinafter “HOOPS”) programmes (the “Programmes”) or products (the “Product(s)”). If you have any queries relating to any HOOPS programme or product, please contact us or phone +61 0405 168 002.
1. Engagement : Thank you for accepting our offer to provide you with Programmes and/or Products. By placing an order/booking, you acknowledge that you have read our Terms and Conditions as they appear below and agree that the placement of the Order/booking together with these Terms and Conditions form a contract between you and us.
2. Payment of Programmes and/or Products : a. All Products including Memberships and Merchandise/training equipment must be paid for in full prior to delivery of those Products or services. b. For Programmes, payment of the Programme must be made in accordance with the specific agreement in place. For upfront fees, this must be paid prior to the engagement of your first scheduled session. For payment plans, this must be paid before or on the day stated in your agreement. Without payment of programme fees prior to commencement or on the due date, the place in the Program cannot be guaranteed and the refund terms apply (refer to clause 3). c. Your payment of a Programme fee to us entitles you the right to a place at the Location during the scheduled sessions as agreed on the Event Details.. d. All international payments are in Australian Dollars and are based on the current conversion rate at the time of booking/payment. e. Payment methods will be communicated by HOOPS depending on the Programme or Product being purchased.
3. Cancellation, changes, credits and refunds : a. There is no refund for the purchase of the following Products: Class Passes, Pre-paid Programmes (eg. Feature Classes). At our discretion, HOOPS may grant a credit to part or all of the purchase price for use within HOOPS. b. Programme fees are not transferable. c. If you wish to cancel a Programme you can do so with these restrictions: if you cancel at least 72hours in advance of the Programme commencing you will be credited back any paid tuition for use on other HOOPS Programmes or Products. This credit is valid for 12 months from the original Programme commencement date. If the cancellation is made less than 72 hours of the Programme commencing there is no refund and no credit. d. If you do not attend the Programme you have booked and paid for, your spot will be deemed to be forfeited by you and you will not be entitled to any refund or credit. e. If you should not pay to us an Installment Sum by the Installment Payment Date for that Sum then ALL monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction or counterclaim and without need for further demand. f. Should you continue to default on this payment, HOOPS will, at its discretion, refer your details to a debt collection agency to recover the outstanding balance. Until the debt is paid in full, your account will remain on hold and no further orders will be taken. g. We may cancel or make changes to the location, date or times of the Programmes for any reason and will notify you in writing or by phone call to you. h. In the event of cancellations or changes made by us, if the Programme is cancelled and not rescheduled we will give you a refund of monies paid. If the program is re-scheduled and you cannot make the changed conditions we will credit you within HOOPS for monies paid. We shall have no further liability to you in respect of the cancellation. i. You acknowledge that you shall not be entitled, and shall not claim a refund other than by strict compliance with Clause 3. You further acknowledge that this is an essential term of this agreement.
4. Intellectual Property : a. We have all right, title and interest in all intellectual property used by us for the Programmes and Products. b. In performing the Programmes and Products for you, we do not transfer title to you in any intellectual property and title to all such intellectual property remains with us.
5. Limitation of Liability : You agree to limit any claim on HOOPS to the cost of re-supply of equivalent Products or services. The Trade Practices Act and similar State and Commonwealth Legislation in Australia may confer rights and remedies on you in relation to the supply of the Products or Programme Services which cannot be excluded, restricted or modified. HOOPS does not exclude such non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute. We: a. exclude all terms, conditions and warranties implied by custom, the general law or statute or which cause any part of this agreement to be void (Excludable condition’); b. limit our liability to you for breach of any Excludable Condition to the total amount actually paid by you under this agreement; c. limit our liability to you for any claim (whether arising in contract, tort or statute) for loss or damage suffered by you in relation to the performance of the Products or Programme Services to the total amount actually paid by you under this agreement; and d. excludes all liability for contingent consequential direct indirect special or punitive damage (including but not limited to, lost revenue or lost profit) suffered by you in any way relating to the Products or Programme Services or your exercise of rights under this agreement.
Please note these terms are subject to change at any time.