TERMS & CONDITIONS

1. Introduction

1.1. Welcome to the XSOAR website located at http://xsoarperform.com and any related URL (“Site”).
1.2. The Site is owned and operated by Bijon Enterprises Pty. Ltd. T/A XSOAR Perform (“XSOAR”).
1.3. Please read these Terms of Use carefully. By accessing or using the Site you become a user of the Site (“User”).
1.4. As a User you agree that you have read and understood these Terms of Use and that you agree to be bound by these Terms of Use. These Terms of Use constitute a legally binding agreement between you and XSOAR.
1.5. By applying for and/or participating in an XSOAR Program the Student (and/or their parent/guardian where applicable) agrees that they have read and understood these Terms of Use and has agreed to them.
1.6. XSOAR reserves the right to alter, modify, add to or change in any way, any provision of these Terms of Use and may, in its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users. It is the User’s responsibility to check the Terms of Use each time they use the Site.
1.7. The following definitions shall apply to these Terms of Use:
“Fees” means the fees payable by the Student to XSOAR for the applicable XSOAR Program.
“Fee Schedule” means XSOAR’s schedule of Fees for the applicable XSOAR Program as made available by XSOAR to Students from time to time.
“Student” means a prospective or current student of any XSOAR Program.
“XSOAR Program(s)” means the “Performance Program” run by XSOAR.

2. Proprietary Rights in the Site

2.1. All materials on the Site including, but not limited to, underlying software, code, design, text, graphics, footage, photographs, sound recordings, musical works and other files are owned by, controlled by, or licensed to, XSOAR (“XSOAR Materials”). All rights are reserved. The XSOAR Materials shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of XSOAR.
2.2. All trade marks, logos, trade dress and service marks on the Site are either Trade Marks or registered Trade Marks of XSOAR or third parties that have authorised such use and may not be copied, imitated, or used, in whole or in part other than in accordance with these Terms of Use, without the prior written consent of XSOAR.

3. Student Obligations

3.1. In participating in any XSOAR Program the Student agrees to:
a) Attend all scheduled XSOAR Program sessions (unless ill or injured);
b) Comply with the direction of XSOAR staff, sport coaches and mentors; and
c) Comply with the rules, policies and expectations of XSOAR as notified by XSOAR from time to time.

4. Program Fees & Payments

4.1. Payment: Complete payment is required to be paid one week prior to the commencement of the Performance Program. A student’s position in the program is not secure until the payment has been made in full
4.2. Notice Required to Leave the XSOAR Program: If the Student wishes to leave an XSOAR Program early the Student must provide no less than 14 days written notice to XSOAR. No refunds are provided if the student elects to leave the program early.
4.3. Fee Increases: Fees are subject to increase upon written notice from XSOAR to the Student.
4.4. Payments via Site: Fees may be paid for via the Site using PayPal. All PayPal payments are made in accordance with the PayPal terms and conditions and the User agrees to submit to such terms and conditions.

5. Refunds & Credits

5.1. In the event that XSOAR cannot provide the XSOAR Program to the Student (other than for reasons beyond the control of XSOAR), the Student will be entitled to a pro-rata refund of XSOAR Program Fees paid.
5.2. The Student acknowledges and accepts that XSOAR does not provide ‘change-of-mind’ refunds (on XSOAR Program Fees, deposits or any other fees paid to XSOAR).
5.3. XSOAR may in its discretion permit the Student to defer the XSOAR Program for reasons of illness or injury or on compassionate grounds (subject to acceptable documentation being received by XSOAR). If the Student’s request to defer is accepted by XSOAR, then XSOAR will credit any XSOAR Program Fees already paid towards the deferment. A refund of fees is not available under any circumstances.

6. Make-Up Lessons

6.1. No make-up lessons are provided as a result of wet weather, public holidays, extreme weather, illness or injury. We will provide our best endeavours to provide alternative activities in the case of rain or extreme weather.

7. Student’s Health Care

7.1. Physical Fitness: The Student warrants to XSOAR that they are physically capable of participating in the XSOAR Program. Upon request the Student shall provide XSOAR with an original current medical certificate from a qualified medical practitioner. In the event that the Student does not provide such medical certificate, XSOAR may refuse to enrol the Student in the applicable XSOAR Program.
7.2. Medical Conditions: The Student agrees to inform XSOAR of any prior suspected or diagnosed health conditions upon enrolment to the XSOAR Program where such condition may affect the Student’s ability to participate in the XSOAR Program. In the event that, during the XSOAR Program, the Student becomes aware of any suspected or diagnosed health condition which may affect the Student’s ability to participate in the XSOAR Program, the Student shall immediately notify XSOAR and XSOAR shall (at its sole discretion) determine whether the Student shall remain in the XSOAR Program.
7.3. Risk of Injury: The Student acknowledges that throughout the XSOAR Program they will participate in activities which carry a risk of physical injury. The Student agrees to indemnify XSOAR, its employees, contractors and volunteers against any loss, damage or injury that the Student may suffer either at the XSOAR premises or in connection with the XSOAR Program, or XSOAR, in any way. XSOAR encourages the Student to obtain their own private medical insurance.
7.4. Medical Emergency: The Student agrees that XSOAR shall be entitled to administer first aid in the event that the Student become sick and/or injured at any time during their participation in the XSOAR Program. In the event of an emergency, XSOAR may arrange for ambulance, medical, hospital or dental assistance. The Student agrees that they shall be responsible for all costs associated with any such treatment and shall indemnify XSOAR, its employees, contractors and volunteers in respect of same.
7.5. Injury Management: In the event the Student sustains an injury at any time during the XSOAR Program, the Student agrees to keep XSOAR fully updated with the Student’s recovery and rehabilitation. The Student shall provide XSOAR with an original current medical certificate from a qualified medical practitioner upon request from XSOAR.

8. XSOAR’S Privacy Policy

8.1. XSOAR is committed to protecting its User’s privacy, and will not use any information which it collects in connection with the Site or its Users otherwise than as disclosed herein.
8.2. When using the Site or applying for a particular program via the Site, the User may provide certain personal information to XSOAR. XSOAR will only use this information to complete the relevant order/application and (where agreed to by the User) to notify the User of any future products and promotions in connection with the Site.
8.3. Where a User provides its email address for the purpose of joining the XSOAR community/mailing list, the User consents to being sent product updates, promotions and other information related to the Site. The User may unsubscribe from the XSOAR mailing list at any time by clicking the unsubscribe button at the bottom of any email received from XSOAR or by emailing hello@xsoarperform.com and requesting to unsubscribe.
8.4. XSOAR will use its best efforts to ensure that any personal information of the User will not be disclosed to other institutions and authorities unless it is required to do so by law or other regulation.
8.5. The User agrees that information they have entered into the Site shall be stored in XSOAR’s database. While this information will not be disclosed to any third party other than in accordance with these Terms of Use, XSOAR shall not be held responsible for the consequences of any third party hacking attempts that may result in User information being compromised.
8.6. The User acknowledges that XSOAR may send one or more cookies (a small file containing a string of characters) to the User’s computer or other device that uniquely identifies the User’s browser. Cookies are used to improve the quality of its service, including storing user preferences, improving search results, displaying advertising, and tracking user trends and links followed.
8.7. It is the User’s responsibility to ensure that XSOAR has their current and accurate personal information. If a User wishes to update any information held by XSOAR they may contact hello@xsoarperform.com.

9. Links to External Sites

9.1. Through the Site the User is able to link to other third party Sites which are not under the control of XSOAR. XSOAR has no control over the nature, content and availability of those external Sites. The inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such third party Sites.

10. No Warranties

10.1. The Site is provided on an “as is” basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use, accessibility or warranties that access, or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that any information on the Site is correct, accurate, timely or complete.
10.2. The XSOAR Materials may include technical inaccuracies or typographical or other types of errors. XSOAR has the right to make changes, modifications and updates to any XSOAR Materials contained on the Site in its sole discretion and without prior notice.

11. Intellectual Property

11.1. By agreeing to these Terms of Use and in consideration of participation in the applicable XSOAR Program, the Student irrevocably grants to XSOAR on a ‘royalty free’ basis the right to take photographs and footage of the Student while undertaking the XSOAR Program and to use such photographs or footage for the purposes of promoting XSOAR Programs via any media (including but not limited to print and online materials) throughout the world in perpetuity.

12. Disclaimer

12.1. XSOAR is in no way responsible for:
a) the conduct and behaviour of any User, whether on the Site or otherwise;
b) any incorrect or inaccurate content on the Site; or
c) the consequences of any malfunction of any equipment or programming associated with the operation of the Site.
12.2. There may be times when the Site is temporarily unavailable to the User due to maintenance or due to any to other reason beyond the control of XSOAR. In the event that the Site is unavailable XSOAR is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorised access to, or alteration of User communications or contributions.
12.3. Under no circumstances will XSOAR be responsible for any loss or damage, including, but not limited to, personal injury or death resulting from the User’s use of the Site, any User Material in connection with the Site, or any interactions between Users of the Site.

13. User Warranties

13.1. THE USER WARRANTS THE FOLLOWING:
a) THAT THEY ARE OVER THE AGE OF EIGHTEEN (18) YEARS OLD, OR IN THE EVENT THAT THEY ARE UNDER THE AGE OF EIGHTEEN (18) YEARS OLD THAT THEY HAVE THEIR PARENT/GUARDIAN’S CONSENT TO USE THE SITE;
b) THAT XSOAR SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE; AND
c) THAT THE USER WILL NOT HOLD XSOAR RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH USER COMMENTS. THE USER AGREES THAT XSOAR HAS NO CONTROL OVER, AND DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS, AND THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.

14. Indemnity

14.1. Each User indemnifies XSOAR, and holds its officers, directors, employees and licensors forever harmless from and against any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms of Use, or the User’s violation of any laws, regulations or third party rights, or otherwise in connection the User’s conduct.
14.2. Should XSOAR, in its sole discretion, determine that any User has breached these Terms of Use, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.

15. Assignment

15.1. The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of XSOAR. XSOAR reserves its right to assign the provisions of this Agreement at any time.

16. GST

16.1. All amounts payable under these Terms of Use are deemed to be exclusive of any applicable goods and services tax which shall be payable in addition to any other amount specified as payable under this Agreement (where applicable).

17. Governing Law and Jurisdiction

17.1. These Terms of Use and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, the User accepts that any dispute under these Terms of Use or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, the User hereby submits to the jurisdiction of such courts for such purposes.
17.2. The User is solely responsible for compliance with any applicable laws of the country from which they access this Site.

18. Acknowledgement

18.1. By submitting an application or registration request or making payment via the Site, the Student (and their parent/guardian) warrants the following:
a) That they have read, understood and agree to be bound by these Terms of Use;
b) That all information that they have provided to XSOAR is true and accurate to the best of their knowledge; and
c) That they have the right and power to grant the rights granted hereunder and fulfil the obligations set out herein.

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