Terms of Use

Overview

The Site aims to enhance people's sporting abilities by providing a place where Coaches can list themselves to engage with paying Clients and provide them with sporting tips.

As the operator of the Site, we facilitate the marketplace for “Clients” and “Coaches” (referred to collectively as “Members”) to interact. You are not buying directly from the Site but from one of the Coaches on the Site. It is important to note that we do not employ or contract the services of any listed Coach. We do not offer their services for sale, nor do we act as an agent for Members. Furthermore, we do not generate, validate, or assume responsibility for the Content provided by Members.

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Eligibility

Becoming a Member of the Site is free; however, certain eligibility criteria must be met. To be a Member, you must:

1. Be at least 16 years old and legally capable of entering into contracts.

2. Be a resident of New Zealand unless we explicitly agree otherwise.

3. Complete the registration process or submit an Order.

4. Provide and maintain accurate, true, and up-to-date information.

5. Keep your account secure and recognize that you are solely responsible for all activities that occur under your account.

6. Maintain only one account. Registering as a Member under multiple identities, personas, or aliases, whether true or false, is prohibited.

7. Not lease, lend, sell, sub-contract, trade, or transfer your Member account.

8. Not submit Content to the Site where those identifiable in the Content are unaware or have not consented to the submission.

9. Allow us to contact you to verify the details you have provided or about your profile, transactions, Lessons, or other activity on the Site.

10. Allow us to send you information or promotions related to the Site that we believe may be of interest to you. Furthermore, we may send emails and newsletters to certain Members if we believe they are relevant. You can unsubscribe from any non-essential emails and newsletters that do not contain important information about using the Site.

11. Not use the Site for any unauthorized purpose, including the purpose of building a competitive product or service.

12. Be responsible for creating and implementing your own physical, mental, and emotional well-being, decisions, choices, actions, and results. As such, the Member agrees that the Coach is not and will not be liable for any actions or inaction, or for any direct or indirect result of any communication provided by the Coach or MSG.

13. Agree that the Coach does not have awareness of the context outside of what you have provided to them. The Coach has no visibility of your interactions with other Coaches on this site.

14. Understand that the tips or information provided by a Coach do not diminish or vindicate the advice provided by any other person or Coach, whether they are associated with the Site or not.

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Etiquette

Your Content on the Site must not contain offensive, defamatory, or retaliatory language or Content. Offensive Content refers to anything we find offensive in our opinion. We will remove any infringing Content that we become aware of. We will not tolerate abusive or threatening behaviour from our Members or their families. Any Lesson or phone call that includes threatening or abusive behaviour will be immediately stopped, and you will be charged for the Lesson. We do not have to provide ongoing service or communication to anyone who creates an unsavoury environment.

Engaging in assessment and taking action from the information provided is voluntary.

We do not exercise control over our Members, nor do we pre-screen Members, feedback, Lessons, or other communication before it is posted on the Site. Consequently, we do not assume responsibility for any misconduct or inappropriate behaviour by Members. At the Site’s discretion, inappropriate Content can be removed. Please contact the Site if you identify Content that should be removed subject to these Terms.

You agree not to interfere with or try to disrupt any part of the Site, for example, by distributing a virus, making excessive requests to the Site, or using other harmful computer code.

You are not allowed to post Content of children under the age of 16 years unless you are their legal guardian. By posting Content of children under 16 years of age, you consent that the Site and the Coach(s) associated with the Order have access to the Content. Where required by law, the Site will adhere to the United States Children’s Online Privacy Protection Act (COPPA).

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Payments

We utilize the payment facility provided by Stripe, which is enabled by the Wix platform, as referred to in our Privacy Policy. While the Site facilitates payments for Coaches, we only pass on payments from Members to Coaches, and we are not involved in the transaction itself. If your legitimate credit card payment is blocked, please contact us; however, we have limited powers to resolve this.

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Limited Liability

To the maximum extent permitted by law, you are fully responsible for any loss or damage that may result from your use of the Site, including the information it displays. We will not be liable to you or any other person for any claims, damages, or liabilities arising out of or related to the Site, your use of the Site, or the acts or omissions of other Members, whether due to negligence, breach of contract, breach of statutory duty, or any other cause. We will not be liable for any circumstances beyond our reasonable control. We will not be liable for any direct or indirect loss or damage, including loss of profits, loss of business or anticipated savings, reputational loss, general or special damages, or consequential or incidental loss.

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Members agree to indemnify and hold the Site and its affiliates, directors, employees, and agents harmless from any claims, damages, liabilities, or expenses arising from the use of the Site, violation of the Terms of Use, or infringement of any rights of Third Parties.

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The Site will not be liable to the Member for any failure or delay in performing any obligations under this agreement to the extent such failure or delay is due to a Force Majeure Event.

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We Are Not a Party in Transactions Between Members

Apart from providing the Site as a marketplace for Members, we do not participate in the interactions on the Site. We facilitate the mechanism for communication and Content transmission between Members but do not generate, endorse, guarantee, or suggest either:

1. The accuracy, legality, or truth of the information offered.

2. That you take action based on the Content presented by the Site.

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All transactions and interactions between you and other Members are entirely at your own risk.

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Injury

You have voluntarily accepted and assumed the inherent risk or danger of injury in any activity that you submit to Coaches for tips, including the associated personal and environmental conditions in which you choose to perform this activity in.

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You declare that you have the right medical and physical fitness and do not suffer from any injury, disease, or condition, either physical or mental, that would affect your ability to safely participate in any activity for which you engage a Coach.

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You indemnify MSG and Coaches from all claims, losses, and expenses (including legal costs and property damage) suffered or incurred at any time as a result of, or resulting directly or indirectly from using this site and the actions you take because of using this site.

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All information provided on the Site is for educational/entertainment purposes only. No information is taken as medical or other health advice pertaining to any individual's specific mental or physical health, medical condition, or physical ability.

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The Site makes no guarantee regarding the accuracy, completeness, timeliness, or relevance of any Content. Any Content provided is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health. Do not delay seeking the diagnosis and advice of your professional because of anything you may have read or interpreted on the Site. Consult your healthcare professional before practising or acting on any information, response, or tips from your Coach or provided by the Site. You agree to indemnify and hold MSG harmless from any and all losses, liabilities, injuries, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against MSG arising from or related to the interpretation or decisions you make using the Site. You agree that the use of this information is at your own risk.

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Intellectual Property and Content

Any Content submitted to the Site by a Member, including written or electronic materials, images, and videos, is the intellectual property of the Member. The Site may remove the Member’s intellectual property if it breaches this agreement. Members must not illegally use the intellectual property of others on this Site.

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Any use of Content used on the Site that is trademarked by Third Parties is solely for descriptive and informational purposes under the principle of nominative fair use. Such use does not imply any affiliation, endorsement, or sponsorship by the trademark holder. Such trademarks remain the property of their respective owners.

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All other Content is the intellectual property of the Site, including copyrights, trademarks, and any other proprietary rights associated with the Site. This includes the ownership of the software and source code used to provide the Site.

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Without our prior written consent, you may not adapt, modify, reproduce, copy, store, distribute, transmit, display, perform, publish, create derivative works from, sublicense, or otherwise exploit any part of the Site, services, or intellectual property. Furthermore, you may not commercialize or on-sell any information obtained from the Site without our explicit written permission.

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By submitting, posting, or displaying any Content on or through the Site, you grant us a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the provision of the Site. This license continues even if you stop using the Site. You confirm that you have the right to grant us this license.

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The Site may use the Member’s intellectual property without notice to improve or administer the Site.

We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Site in accordance with these Terms.

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We respect the intellectual property rights of others and expect our users to do the same. If you believe that any Content on the Site infringes your copyright or other intellectual property rights, please contact us immediately.

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Members are responsible for the Content they post, transmit, or share on the Site. MSG does not endorse or guarantee the accuracy, reliability, or legality of user-generated Content. We reserve the right to remove or modify any Content that violates the Terms of Use or is deemed inappropriate by the Site.

By submitting Content to the Site, you agree that your Content complies with the laws and regulations of New Zealand and that the Content is not misleading, deceptive, defamatory, objectionable or infringing on any intellectual property rights.

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You must not include any form of paid Content, promotion or advertising, within the Content submitted to the Site, including watermarks. The Content must be relevant to the specific context or lesson it pertains to.

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Confidentiality

All personal information gathered by the Site will be respected as confidential. The Site has an agreement with Coaches to keep your information confidential and not to disclose it to any Third Parties, except as required by law, for the functionality of the Site or for Content generation.

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Third Parties / Third Party

The term "Third Parties" or "Third Party" refers to any individual, company, or entity that is not directly affiliated with or controlled by our company. This includes, but is not limited to, service providers, vendors, contractors, partners, and advertisers that may provide products, services, or Content through our website. Third Parties may also encompass entities that collect, process, or store data on our behalf, as well as those that offer integrated services, such as payment processing, shipping, and marketing. While we strive to collaborate with reputable and trustworthy Third Parties, we do not control their actions and are not responsible for any issues arising from their services or Content. Users are encouraged to review the Terms and policies of any Third Party they interact with through our website.

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Disputes

Members must first attempt to resolve any dispute or issue without involving the Site. The Site is reluctant to get involved in matters between the Members. We are not a party to any transaction between Members, and our ability to intervene is limited. The Site reserves the right to investigate and attempt to resolve disputes. The Site may share disputed Content with Third Parties for the purpose of dispute resolution. The Site can take actions to remedy the situation where the Site believes, on balance, that the remedy is best for all Members and for MSG. Remedies may include limiting your activities on the Site, cancelling and refunding Orders, warning other Members about your actions, issuing warnings to you, suspending or terminating your membership, or refusing to provide the Site to you or your affiliates. If we do not take immediate action in response to a breach of these Terms, it does not imply that we waive our rights to take action in the future.

 

To protect Members' privacy, if you take a dispute with another Member to the Disputes Tribunal or any other tribunal or committee, we will only release that Member's details if you sign a statutory declaration.

If you have a dispute with us, please contact us, and we will attempt to resolve it informally. If an informal resolution is not possible, either party may seek a resolution or remedies through any available legal method.

 

The Commerce Commission of New Zealand is responsible for enforcing consumer laws, including the Fair Trading Act, which prohibits false and misleading behaviour. If you have a complaint about the Site being misleading, you can refer it to the Commission.

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Lesson Cancellation

Coaches have the right to cancel any Lesson for any reason. A Coach may cancel a Lesson due to inexperience, unavailability, a conflict of interest, lack of certification or any other reason. If your Lesson is cancelled, you cannot write a review of that Coach and you will be refunded in full.

An Order can only be cancelled prior to the Coach submitting a response to the Member.

Members can request that the Coach cancel the Order by writing a comment on the Lesson, but any cancellation is at the discretion of the Coach.

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No Longer Being a Member (Termination)

You have the right to end your connection with the Site at any time, for any reason. Please allow us approximately seven working days to process your termination request. Similarly, we reserve the right to refuse to provide some or all of the Site to you without prior notice and for any reason.

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If we have restricted or prohibited your access to the Site, there is a valid reason behind it. Whenever possible, we will communicate the reason to you. You need to comply with these restrictions and refrain from creating a new profile to circumvent them. If we have provided an explanation for restricting or prohibiting your access to the Site, we reserve the right to discontinue further correspondence with you regarding the matter.

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Upon termination, whether initiated by you or us, your access to the site will be terminated, and you must cease using the Site. Certain provisions of these Terms will continue to apply after termination. If you visit the Site after termination or continue to use the Site, these Terms will still be applicable.

If you no longer wish to be a Member, please contact us.

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Governing Law

MSG is based in New Zealand, and these Terms are governed by New Zealand laws. In the event of a dispute, it will be resolved in New Zealand.

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We do not guarantee that the Site will be 100% secure, uninterrupted, or error-free. We provide the Site on an "as is" basis, without any warranty of any kind. Your use of the Site is at your own risk. We also exclude and disclaim all implied warranties to the extent that we legally can, such as fitness for purpose, merchantability, and non-infringement.

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If you are using the Site for personal purposes, nothing in these Terms limits any legal rights that consumers may have and that cannot be waived or limited by contract.

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Any information or advice provided by us during your use of the Site is subject to the disclaimers in these Terms and does not create any warranty not expressly given in these Terms.

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Security

We prioritise the security of our users and have implemented a range of measures to protect your information. Our website is built on the Wix platform, which provides robust security features including HTTPS encryption, DDoS protection, and regular security updates. We also use security protocols to safeguard your personal and payment information against unauthorised access. However, despite our efforts to ensure a secure environment, no system can be completely impenetrable. By using our website, you acknowledge and accept that we cannot guarantee absolute security, and you agree to notify us immediately of any suspected breaches of security. Your cooperation in maintaining a secure website environment is essential and appreciated.

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Accessibility

We are committed to ensuring accessibility for all users, including those with disabilities. We strive to adhere to the Web Content Accessibility Guidelines (WCAG) 2.0, Level AA standards to improve accessibility and we partially conform to this guideline. Despite our efforts, some limitations may exist. For instance, media content from coaches may lack accessibility features. We are exploring improvements based on user feedback. If you encounter accessibility issues, please contact us. We aim to respond within 5 business days.

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Accessibility relies on HTML, CSS, and JavaScript to function with assistive technologies and specific web browsers.

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Force Majeure

Neither party will be liable for failure to perform due to circumstances beyond their control, including acts of nature, war, terrorism, governmental regulations, or any other similar events. The obligations of the affected party will be suspended during such events, and the time for performance extended accordingly.

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About Our Terms

These Terms, along with our Privacy Policy and any other Terms and policies posted on the Site, govern your use of the Site and constitute the entire agreement between us regarding the Site. These Terms supersede any prior versions. In the event of a conflict between these Terms and any Specific Terms, the Specific Terms will take precedence to the extent of the conflict.

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By browsing the Site, using the Site, or registering as a Member, you agree to these Terms. If you do not accept our Terms, you must immediately cease using the Site or browsing the Site.

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These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and MSG or between you and any other Member.

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The headings in these Terms are provided for convenience and do not affect their interpretation.

Examples given in our Terms, as well as the terms "includes" or "including", may not encompass all possible situations.

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If any part of these Terms is found to be unenforceable, that part will be removed or modified to the minimum extent necessary, and the remaining Terms will continue to apply. These Terms of Use constitute a legally binding agreement between you and MSG, which you agree to be bound by.

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Changes To These Terms of Use

We may periodically update our Terms of Use. We encourage you to review all of our policies regularly to stay informed about how we operate. Changes and clarifications will take effect immediately upon posting on the Site. In the event of material changes, we will notify you. If you do not agree to any updated Terms, you must discontinue using the Site.

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Definitions

The following definitions apply to these Terms which may be used in plural form (e.g. Coaches):

• Client: A type of Member who pays the Coach for personalised sports tips or is the subject of the Lesson.

• Coach: A type of Member who is the person communicating information and tips for a Client's sporting activity. A Coach advertises on the Site. See also “Listing”.

• Content: Any images, videos or text including media, uploads, feedback, responses, comments, instructions or tips. Content refers to the Members’ and Coaches’ Content that is submitted to the Site. Content can be directly submitted onto the Site or supplied to Site administration for submission onto the Site.

• Lesson: The information submitted by Clients to a Coach, the response from that Coach and comments from Members involved in the transaction. It also includes the the functionality to manage that Lesson and the Content generated by Members which is displayed on the Site. It can contain videos, images, emojis and text.

• Listing, List: The information on the Site that describes a Coach. This is what a Client reads to evaluate if they want to transact with the Coach.

• Member: See “You, your, Member”

• Order: When a Client makes a purchase, this creates an Order in the system. An Order may contain multiple Coaches. For each Coach, a Lesson is created. That is an Order will generate one or more Lessons.

• Specific Terms: Any additional Terms, conditions, or Policies that apply to your use of the Site and are posted on the Site or communicated to you in writing.

• Terms: These Terms of Use, our Privacy Policy, and all other terms and policies posted on the Site.

• We, us, our, MSG, the Site: The business associated with the My Sport Guru Limited in New Zealand and www.mysport.guru.

• You, your, Member: The person utilising the website www.mysport.guru and engaging directly or indirectly with the Site. Coaches and Clients are also specific types of Members.