These Terms and Conditions (“Terms”) govern your use of the Motus Sport Ltd trading as S5 Sport website available at https://s5sport.co.nz (“Site”) our social media platforms (“Platforms”) and our online training (“Services”) provided by S5 Sport (“we”, “us”, “our”) to you the athlete (“Athlete”, “you”, “your”).

By accessing or using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree with any provision of these Terms, you should discontinue the use of our Site and Services immediately.

1. Changes to Terms

We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 

2. Eligibility

2.1 By using our training Services, you represent and warrant that you are of legal age to enter into a contract. By providing personal information, including videos, you acknowledge that you have reviewed our Privacy Policy and consent to the collection, use, and storage of the information as outlined in our Privacy Policy.

2.2 If you are under the age of 18, you must obtain the consent of your parent or legal guardian before using our training Services. By using our Services, you are representing and warranting that you have obtained such consent. Our training Services involve uploading videos of your gameplay to your members’ page for assessment by our coaches. We take privacy and the protection of minors’ information seriously.

2.3 If you are a parent or guardian and you are giving consent on behalf of a minor, you acknowledge that you have reviewed our Privacy Policy and you understand and agree to the collection, use, and storage of your minor’s information as outlined in the Privacy Policy.

2.4 We will ensure that video content uploaded by all trainees including minors is only accessible to the trainee and the coaches associated with our business. We will not share, distribute, or make the videos public without explicit consent.

2.5 As a parent or guardian, you have the right to review the information we have collected from your minor, request changes or deletion of such information, and request the termination of your minor’s membership at any time.

2.6 As a parent or guardian, you acknowledge and agree that you are responsible for the actions and activities of the minor on our platform, and you will ensure their compliance with these terms and conditions.

3. Modifications to the Service
   
   We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

4. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

5. Training Services

5.1 Training Nature and Scope

We offer online fitness training involving an individualised program tailored to your needs each month. This includes personalised feedback to help athletes gain valuable insights and make targeted improvements and a strength and conditioning program.

5.2 Registration

You can sign up to our program online by creating an account where you must create a username and password to access the members page.

5.3 Your Responsibility

While we offer guidance, you are responsible for implementing the strategies provided by our training Services.

5.4 Liability Disclaimer

You understand and acknowledge that the success of implementing strategies and feedback provided by our coaches depends on various factors, including individual effort and external circumstances. We are not responsible for any results achieved or not achieved using our training Services.

5.5 Termination of Training Services

We reserve the right to terminate training Services for reasons including, but not limited to, non-compliance with our terms and conditions, inappropriate behaviour, or failure to make timely payments.

5.6 Modification of Training Services

We may modify, update, or discontinue our training Services at our discretion. We will provide notice to you about any significant changes that may impact your engagement with our training Services.

6. Pricing and Subscription Service

6.1 All prices are in New Zealand Dollars (NZD) and inclusive of GST.

6.2 Our online training Service is billed at $49.95 on a monthly billing cycle. The billing cycle for the online training subscription will begin on the date you first register and make your payment. Subsequent billing cycles will occur on the same date of each month.

6.3 You may cancel your subscription at any time by notifying us. If you cancel during the current billing cycle, you will not be charged for the following month.

6.4 If you cancel your subscription during a billing cycle, you will retain access to the training program and skills video for that entire billing cycle, as you will have already received these materials for the current month. Your cancellation will take effect for the following month.

6.5 Please note that once the subscription fee for the current month has been charged and processed, we are unable to provide refunds for that month.

6.6 We reserve the right to modify the billing cycle or subscription fee with reasonable notice provided to you.

7. Refunds

7.1 We are committed to providing a high-quality training experience. If you are dissatisfied with our Services, you may be eligible for a refund if you have cancelled your subscription during the current billing cycle and have not received any training materials or Services.

7.2 To request a refund, please contact our customer support team within 7 days of the subscription cancellation. Refunds will be approved at our discretion.

7.3 If your refund request is approved, we will process the refund within 7 days of the approval. Refunds will be issued to the original payment method used during the registration process.

7.4 Please note that once the subscription fee for the current month has been charged and processed, we are unable to provide refunds for that month. Additionally, if you have accessed and utilised the training materials, videos, or Services for the current billing cycle, a refund request may not be granted.

7.5 This refund policy is provided in addition to any rights and remedies you may have under the Consumer Guarantees Act (1993) and other applicable consumer protection laws in New Zealand. Nothing in this refund policy is intended to limit or restrict your rights under these laws.

8. Results and Outcomes

8.1 You understand and acknowledge that the success of our Services, is influenced by a variety of factors, particularly individual effort. While we provide guidance, feedback, strategies, and resources, we do not guarantee specific results, outcomes, or achievements as a direct result of our Services.

8.2 We make no representations or warranties, express or implied, regarding the outcomes, benefits, or results that may be achieved by using our Services. Any testimonials or examples provided on our website are not indicative of guaranteed results and should be considered as individual experiences.

8.3 In no event shall S5 Sport, its employees, agents, or affiliates be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of our Services.

8.4 Our Services are intended to provide guidance and support to athletes. Outcomes are dependent on your individual effort.

9. Fitness to Participate

9.1 You acknowledge that you are responsible for your own health and fitness suitability to participate in the training Services. You should consult a medical professional if you have any pre-existing medical conditions, injuries, or health concerns that might impact your ability to engage in training activities.

9.2 You acknowledge that it is your responsibility to assess your own physical abilities and limitations before attempting any training activities, drills, or exercises suggested by S5 Sport.

9.3 You agree to progress gradually and to not engage in training activities that are beyond your current fitness level. You should avoid pushing yourself to a point of pain or discomfort that may lead to injury.

9.4 If you have any doubts about your physical condition or your ability to safely participate in the training Services, you agree to seek medical clearance from a qualified medical professional before commencing any training.

9.5 You acknowledge that participation in physical training activities involves inherent risks, including the risk of physical injury. You voluntarily assume these risks and agree not to hold S5 Sport or its coaches liable for any injuries or damages that may occur as a result of your participation.

9.6 You agree to follow all safety precautions, instructions, and guidelines provided by S5 Sport and its coaches. You will use proper form and technique during exercises to minimise the risk of injury.

9.7 You agree to promptly communicate any discomfort, pain, injuries or concerns you are experiencing to S5 Sport’s coaches. You understand that S5 Sport may modify or adapt training activities based on your feedback.

10. Voluntary Assumption of Risk

10.1 You acknowledge that the training Services are conducted online and may involve training activities, drills and exercises that are remotely guided by S5 Sport’s coaches through digital means.

10.2 You acknowledge that participating in physical training activities, even if guided remotely through online means, involves inherent risks, including the risk of physical injury. You voluntarily assume all such risks associated with participating in the training Services.

11. Confidentiality

11.1 Client Information and Online Training

Both S5 Sport and you acknowledge and agree that any information shared by you during online training, including metrics and videos uploaded by you, is considered confidential. We are committed to maintaining the confidentiality of this information. We will not disclose, share, or use any confidential information for any purpose other than providing training Services to you. Confidential information shall be kept strictly confidential and shall not be shared with third parties without your explicit consent, except as required by law.

11.2 Duty of Confidentiality

Our employees, contractors and agents are bound by a duty of confidentiality and shall not disclose any confidential information to third parties, except as required by law or with your written consent.

11.3 Data Security

We maintain reasonable measures to protect the security of confidential information. However, we cannot guarantee the security of information transmitted over the internet or stored electronically. You are responsible for taking precautions to protect your own information.

11.4 Permitted Disclosures

We may disclose confidential information to our employees, contractors, or agents on a need-to-know basis to provide training Services. These parties are also bound by confidentiality obligations.

11.5 Limitations

This confidentiality clause does not apply to information that is publicly available or becomes known to us through sources other than you, or to information that we are required to disclose by law.

The obligations of confidentiality outlined in this clause shall survive the termination of the training Services.

12. Indemnification

You agree to defend and hold harmless S5 Sport, its employees, agents, and affiliates from any claims, damages, losses, or liabilities arising from your use of our Services, breach of terms or violation of any applicable laws or regulation, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

13. Third-Party Video Content

13.1 You acknowledge that you may not own video footage captured by third parties, such as friends or family members, during a sports game. The ownership of such footage remains with the individuals who captured it.

13.2 You hereby grant S5 Sport permission to use third-party video content, exclusively for the purpose of providing training feedback and skill assessment within the context of the training Services offered by us.

13.3 You confirm that you have obtained any necessary consent or permissions from the individuals who recorded the video footage, as required by applicable laws and regulations. You further acknowledge that S5 Sport may rely on this representation when using the third-party content for training feedback.

13.4 You acknowledge that the permission granted is limited solely to the activities related to the training services and does not constitute a transfer of ownership of the third-party video content to S5 Sport.

13.5 We will use third-party video content solely for training feedback, skill assessment, and other related training purposes. The content will not be used for any other purpose without obtaining additional consent from the respective owners.

You agree to indemnify and hold harmless S5 Sport from any claims, liabilities, or damages arising from their use of third-party video content for training feedback, including any disputes related to ownership or permissions.

14. Training Program Content

14.1 The training programs, including all content, materials, feedback, tips, drills and exercises, mental tools, valuable insights, training to enhance performance, and core skill development (“Training Programs”), provided to you as part of your subscription are the exclusive intellectual property of S5 Sport. The Training Programs are confidential and proprietary information protected by New Zealand copyright laws and international treaties.

14.2 As a subscriber of our training Service, you are granted a limited, non-exclusive, non-transferable license to access and use the Training Programs for your personal training and skill development purposes only. This license does not grant you the right to reproduce, distribute, modify, or share the Training Programs with any third parties, whether for commercial or non-commercial purposes.

14.3 You expressly agree that you will not share, distribute, or make available the Training Programs, in whole or in part, to any third party, including but not limited to friends, family, teammates, coaches, or other individuals.

14.4 You acknowledge and agree that any unauthorised use, reproduction, distribution, or sharing of the Training Programs constitutes a violation of our intellectual property rights and may result in legal action.

14.5 We reserve the right to monitor and enforce compliance with this clause. In the event of a breach, we may take appropriate legal actions to protect our intellectual property rights.

14.6 This clause shall survive the termination or expiration of your subscription.

15. Limitation of Liability

15.1 You understand and agree that the outcomes and results achieved through our Services, may vary based on individual efforts and external factors. We do not guarantee specific results, outcomes, or achievements.

15.2 We make no representations or warranties regarding the accuracy, completeness, or reliability of the information provided through our Services, including feedback, videos, and content. You acknowledge that you use this information at your own risk.

15.3 You acknowledge that our Services do not guarantee any specific results or outcomes. By participating in our Services, you acknowledge and agree to the limitation of liability provision stated below. You acknowledge that it is your responsibility to assess the suitability of the Services and to use them at your own risk.

15.4 You understand and agree that S5 Sport is not responsible for any direct, indirect, incidental, or consequential damages that may arise from participating in our Services, including but not limited to:

1. Any reliance on the information or training provided;
2. Any actions or decisions made by you based on the information or training provided.

15.5 We shall not be liable for any damages, losses, or injuries arising out of or in connection with your participation in our Services, to the fullest extent permitted by law.

15.6 You agree to indemnify and hold harmless S5 Sport from any claims, damages, or liabilities arising out of or in connection with our Services, including any claims brought by third parties.

15.7 We shall not be held liable for any delays, interruptions, or failures in the provision of Services due to external circumstances beyond our control, including but not limited to acts of nature, technical issues, or third-party actions.

15.8 The total liability of S5 Sport whether in contract, tort, or otherwise, shall be limited to the amount paid by you for the Service.

16. Website Intellectual Property

Unless otherwise indicated, we own or licence all rights, title, and interest (including intellectual property rights) in our Site and all content, materials, and resources provided on our Site and through our Services, including but not limited to, text, graphics, images, logos, and trademarks. Your use of our Site 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 Site or the Content.  You may view this Site and its Contents for personal and non-commercial use only and subject to the Copyright Act 1994 you must not 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 Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content. Unauthorised use of any content from this Site may violate copyright trademark, and other applicable laws.

17. User Content

You may be permitted to post, upload, publish, submit, or transmit relevant information and content (“User Content”) on our Site and/or our social media platforms (“Platforms”).  By making available any User Content on or through our Site and/or Platforms, 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 Site and/or Platforms.

You agree that you are solely responsible for all User Content that you make available on or through our Site and/or Platforms.  You represent and warrant that:

1. 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
2. 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 Site and/or 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.

18. Termination

18.1 Termination by you

You may choose to terminate your participation in our Services at any time by cancelling your subscription.

18.2 Termination by us

We reserve the right to terminate your access to our Services, without prior notice, in the following circumstances:

1. Violation of the terms and conditions, including but not limited to intellectual property infringement, unauthorised sharing, or distribution of materials, or engaging in any prohibited activities;
2. Any other breach of the terms and conditions or applicable laws.

18.3 Consequences of Termination

Termination by you does not entitle you to a refund, unless otherwise specified in our refund policy.

18.4 Effect of Termination

The provisions regarding intellectual property right and limitations of liability shall survive termination.

19. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete, or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. 

20. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

21. Third-Party Links

Certain content, products, and services available via our Site may include materials from third parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

22. Client Testimonials and Reviews

We may request and collect testimonials or reviews from you regarding your experience with our services. We always gain your express consent before using your testimonial. By providing a testimonial or review, you understand and agree that:

1. Your testimonial or review may be used for promotional or marketing purposes on our website, social media platforms (including but not limited to Facebook, Instagram), advertisements, or any other promotional materials.

1. We may use your testimonial or review in its entirety or in part, and we reserve the right to edit or modify it for clarity, length, or any other necessary purpose.

1. Your testimonial or review may include personal information such as your first name, initials, or general geographic location. However, we are committed to protecting your privacy, and we will take reasonable steps to ensure that any personal information shared in testimonials or reviews is anonymised or used with your explicit consent.

1. You retain the right to withdraw your consent for the use of your testimonial or review at any time. To do so, please contact us at info@motussport.co.nz. We will promptly remove or anonymise your testimonial or review from our promotional materials, as applicable.

1. Please be aware that any testimonial or review you provide is voluntarily given and that you have the legal right and authority to grant the rights and licenses outlined in this clause.

1. Please note that testimonials or reviews provided by customers are individual experiences and may not reflect the experiences of others. We do not guarantee the accuracy, completeness, or usefulness of any testimonials or reviews posted.

1. By using our services and providing a testimonial or review, you acknowledge that you have read, understood, and agree to be bound by the terms outlined in this clause.

23. Prohibited Conduct

1. You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):
2. 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;
3. Using our Site to defame, harass, threaten, menace or offend any person;
4. Interfering with any user using our Site;
5. Tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
6. Using our Site to send unsolicited email messages; or
7. Facilitating or assisting a third party to do any of the above acts.
8. Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and 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.

25. Warranties and Disclaimers

We do not guarantee, represent, or warrant that your use of our Site will be uninterrupted, timely, secure, or error-free. You agree that from time to time our Site may be unavailable or we may cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that any files available for downloading from the platform will be completely free from viruses or other harmful computer code.

26. Limitation of Liability for use of the Site

To the maximum extent permitted by law, S5 Sport, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors are not liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the Site or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.

27. Severability

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 other provisions in these Terms.

28. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

29. Interpretation

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.

30. Entire Agreement

These Terms and any policies or operating rules posted by us on this Site or in respect to our Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and our Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 

31. Governing Law

Your use of our Site or our Services are governed by the laws of New Zealand. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New Zealand and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

32. Contact

Any questions or complaints relating to these Terms, or our Services should be directed to our owner/director by emailing info@motussport.co.nz.

Last Updated 30-01-24.