Website terms and conditions of use - The Skatepark School
Effective date: 23.10.21
- About the Website
- 1. Access and use of the website at www.theskateparkschool.com (“Website”) is subject to these terms and conditions (“Terms”).
- 2. The Skatepark School reserves the right to update the Terms in its sole discretion. When The Skatepark School updates the Terms, it will use reasonable endeavours to provide you with notice of the updated Terms. Any changes to the Terms take immediate effect from the date of their publication.
- Description of the Services
- 1. The Skatepark School provides you with a variety of resources on its Website, including but not limited to informational and educational content, newsletters, tutorials, multimedia and the opportunity to subscribe to The Skatepark School’s online products (collectively the “Services”).
- 2. The Services, including any new features, future updates and/or enhancements, are subject to these Terms.
- 1. If any of the Services requires you to open an account on the Website (the “Account”), you may be required to provide personal information about yourself (such as identification or contact details) as part of the registration process.
- 2. You may also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account.
- 3. You agree that you have provided accurate, up to date, and complete information about yourself. The Skatepark School is not responsible for any error made as a result of such information being inaccurate.
- 4. You agree to notify us of any change in your information as soon as possible after it occurs. If you do not do so, The Skatepark School may terminate your account.
- 5. You warrant and represent that you are over 18. If you are under the age of 18, you need your parent or legal guardian to agree, consent, approve and supervise your use of the Services and any purchase of products and services from our Webpage.
- Use of the Services
- 1. You will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- 2. You agree that you will not, and will not allow any other person, to:
- collect or use any information obtained from or the Website or the Services except as intended by this agreement;
- obtain or attempt to obtain any Services through any means not intentionally made available through the Website; and
- aggregate, copy or duplicate in any manner any of the Services, other than as permitted by these Terms.
- 3. Appropriate legal action will be taken by The Skatepark School for any illegal or unauthorised use of the Website and the Services.
- Copyright and Intellectual Property
- 1. The Website and the Services are subject to copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and the Website (including but not limited to text, graphics, logos, button icons, interactive media, video, style guides, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled by The Skatepark School.
- 2. All trademarks, service marks and trade names are owned, registered and/or licensed by The Skatepark School on an exclusive basis.
- 3. The Skatepark School does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by The Skatepark School.
- Disclaimer and Limitation of Liability
- 1. Subject to any conditions, terms or rights you may have under the Australian Consumer Law, the Services are provided “as is”. The Skatepark School makes no representation or warranty that Services will be:
- of satisfactory quality;
- fit for a particular purpose;
- available or accessible, continuously without interruption or without error.
- 2. Subject to clause 7.1, you expressly understand and agree that The Skatepark School, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages, costs, expenses or liability (including for death, injury and permanent disability) which may be incurred by you or any person in connection with the Services however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
- 3. Tutorials and content provided to you by the Services are only for educational and general information purposes and are not intended nor shall be relied upon as professional advice. You expressly understand and agree that any reliance on any information, advice, instruction or content provided by The Skatepark School on this Website or the Services is at your sole risk and responsibility. Subject to clause 7.1, The Skatepark School expressly disclaims all implied warranties and conditions regarding the tutorials, including, without limitation, any warranty as to merchantability and fitness for any particular purpose, quality, accuracy or completeness and you acknowledge and agree that urban planning permission, design and construction of skateparks may be subject to additional qualifications, permits and licencing requirements in the jurisdiction where you are domiciled.
- 4. The Webpage may contain links to other websites. The Skatepark School has neither power nor control over any such website. You acknowledge and agree that The Skatepark School shall not be liable in any way for the services of any such linked website, nor for any loss or damage arising from your use of any such website or from your buying services or goods via such a website.
- 5. You further acknowledge that the Services provided by The Skatepark School are dependent upon the public internet and, accordingly, may be subject to network congestion and technical faults and outages. Further, you acknowledge that storage of content, including tutorials, on any platform or system which is connected to the public internet may expose the same to viruses, interference, disruption and/or security breaches by malicious third party actors and, accordingly, you accept all such risks and shall not hold The Skatepark School liable or responsible for any loses, expenses or liabilities incurred by you.
- 1. You agree to indemnify The Skatepark School, its affiliates, employees, agents, contributors, third party services providers and licensors against all costs, claims and expenses arising directly or indirectly from any breach of these Terms.
- Governing Law
- 1. The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Effective date: 23.10.21
- Purpose of our Policy
The Skatepark School (we, our, us) recognise the importance of protecting the privacy and the rights of individuals in relation to their Personal Information (as defined below).
We respect your rights to privacy under Australian privacy laws as applicable, including, but not limited to the Privacy Act 1988 (Cth) (the “Act”), the Australian Privacy Principles (the “Principles”) and the European Union’s General Data Protection Regulation (“GDPR”), and we comply with the Principles requirements in respect of the collection, management and disclosure of your Personal Information.
- What is your Personal Information?
We have provided a more detailed list of some of the information we may collect below. If the information we collect personally identifies you, or you are reasonably identifiable from it, the information will be considered Personal Information.
We consider the protection of privacy of children very important. Pursuant to our Website Terms and Conditions, the Services are not available to individuals who are under the age of 18 without their parents or legal guardian’s consent and supervision, and we do not solicit nor knowingly collect Personal Information from minors. If we learn that Personal Information has been collected on the Service from persons under 18 years of age and without verifiable parental/guardian consent and supervision, then we will take the appropriate steps to delete such information.
- For what purposes do we collect, hold, use and disclose your Personal Information?
We collect Personal Information about you so that we can provide the Services to you.
The main purposes for which we may collect Personal Information include:
- to give you access to The Skatepark School tutorials and exclusive content;
- to understand your needs and requirements before providing our Services;
- to provide you with an opportunity to engage with us by being part of our email newsletter;
- to provide you with assistance and advice in relation to our tutorials and content;
- to prevent and address technical problems and issues;
- to answer enquiries and provide information when you visit our website;
- for the administrative, marketing (including direct marketing), planning, ongoing Services development and for research purposes of The Skatepark School, its related bodies corporate, contractors or service providers;
- to update our records and keep your Personal Information up to date;
- to contact and communicate with you;
- to comply with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in cooperation with any governmental authority in Australia; and
- for any other purpose with your consent and any purpose reasonably related to any of the above purposes.
- What Personal Information do we collect and hold?
We may collect the following types of Personal Information:
- your name, mailing or street address, email address, telephone number, age or date of birth, profession and occupation or job title, education and career history and plans;
- information about any business or entity associated with you such as its name, ABN, ACN, business and commercial activities;
- financial information related to you such any bank or credit card details used to transact with us;
- technical information such as your IP address when accessing our systems or your actions when using our website; and
- information about your online and offline preferences, decisions and other information for statistical purposes.
We may also collect some information that is not Personal Information because it does not identify you, your business/entity or anyone else. For example, we may collect anonymous answers to surveys or aggregated information about how users use our Services.
- How do we collect your Personal Information?
We collect your Personal Information directly from you through the information you provide to us:
- when you request information through our website;
- when you access or subscribe to The Skatepark School content and tutorials;
- in your subscription to our email newsletter;
- when you give us feedback of our Services; and
- when we provide you with support services.
- What happens if we can’t collect your Personal Information?
If you do not provide us with the Personal Information described above, some or all of the following may happen:
- we may not be able to provide the requested services to you, either to the same standard or at all;
- we may not be able to provide you with bespoke information about The Skatepark School tutorials and content;
- we may not be able to provide you with support services; and
- we may not be able to provide you with The Skatepark School’s news and updates.
- To whom may we disclose your information?
We do not sell Personal Information about you to advertisers or other third parties but we may share such information in the ways set out below but provided that, where we do so disclose your Personal Information to a third party, we will use best endeavours to ensure that the third party’s privacy policies and procedures are in accordance with the Principles.
We may disclose your Personal Information to third parties as follows:
- our employees, related bodies corporate, contractors, agents or service providers for the purposes of providing the Services;
- third parties in connection with a change of ownership or control of all or part of our business (such as a sale, merger, acquisition, reorganization);
- public authorities or agencies when the disclosure is required or authorised by or under an Australian law or a valid and final court/tribunal order, or in the good faith belief that such action is necessary to: (a) comply with a legal obligation or in response to a request from law enforcement or other public authorities anywhere in the world; (b) protect and defend our rights or property; (c) act in urgent circumstances to protect the personal safety or security of our users, customers, and contractors/employees; or (d) enforce our legal terms or otherwise protect ourselves against any legal liability; and
- any organisation for any authorised purpose with your express consent in advance.
When you access our website, we may send a “cookie” (which is a small summary file containing a unique ID number) to your computer or mobile. This enables us to recognise your computer and mobile and optimise and simplify your use of the website without requiring you to register or login again.
- Direct marketing materials
We may use some of the information we collect for marketing purposes, including sending you direct marketing communications and information that we consider may be of interest to you, such as new The Skatepark School content, products, events or other opportunities. These communications may be sent in various forms, including mail, SMS and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth) as amended. If you indicate a preference for a method of communication, we will endeavour to use that method whenever practical to do so. In addition, at any time you may opt-out of receiving marketing communications from us by contacting us (see the details below).
- How can you access, correct or delete your Personal Information?
You may request access to any Personal Information we hold about you at any time by contacting us (see the details below). Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it within a reasonable time (usually by emailing this information to you).
We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your Personal Information.
There may be instances where we cannot grant you access to the Personal Information we hold or in the manner requested by you. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
If you believe that Personal Information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
If you wish to be removed from our newsletter email list, you may do so through the link provided at the bottom of each news email for that purpose.
Any personally identifiable information associated with your account will be deleted once it is no longer reasonably required to be held by us or as required pursuant to any applicable law.
Please note that we may retain your Personal Information:
- for archival or backup purpose as required pursuant to records retention obligations and The Skatepark School policies; or
- as required by law.
- Opting “in” or “out”
We may offer you the option to have us not collect your Personal Information, however this may prevent us from offering them some or all of our Services and may terminate your access to some or all of the Services you access. You will be aware of this when you:
- Opt In. Where relevant, you will have the right to choose to have information collected and/or receive information from us; or
- Opt Out. Where relevant, you will have the right to choose to exclude yourself from some or all collection of information and/or receiving information from us.
- Do we disclose your Personal Information to anyone outside Australia?
We may utilise the following third-party service providers to collect, use, store, process and distribute Personal Information about you:
Managing memberships, processing online payments,
The United States
The United States
When you access or use The Skatepark School’s Services, you may be sending information (including Personal Information) to the United States where our servers are located.
- How do we protect your Personal Information?
We use “best practice” physical, electronic, technological and managerial means, methods and procedures to safeguard and secure your Personal Information from misuse and loss and from unauthorised access, modification or disclosure.
Skatepark School services provider use best practice (including use of SSL and HTTPS protocols as updated and upgraded from time to time) encryption technology to store and transfer Personal Information. However, since our webpage is linked to and uses the public internet, we cannot guarantee that the information you supply will not be intercepted while being transmitted to and from us. Accordingly, any Personal Information or other information which you transmit to us online is transmitted at your own risk. Any “eligible data breach” from the Services will be notified to you and to the corresponding authorities pursuant to the Notifiable Data Breaches Scheme set out in the Act, Principles and the GDPR as applicable.
- Links and Third Party Advertisement
Our Services may contain marketing, advertising and links to other websites operated by third parties. We make no representations or warranties in relation to the privacy practices of any third party website and we are not responsible for the privacy policies or the content of any third party website, unless otherwise required by the Act and the GDPR. Third parties who operate those websites are responsible for informing you about their own privacy practices.
- Contacting us
Please contact us at:
Privacy Officer - [email protected]
If you have any questions, concerns or complaints about these policies please contact us:
- By email: [email protected]