Service Terms and Conditions of Use

  1. About the Jet service
    1. Welcome to the software application titled Jet (the ‘Application’) and its accompanying website, which can be found here. Collectively, the Application and the Service are referred to as ‘the Jet Service’.
    2. The Website and the Application are owned and controlled by Just Easier Together Pty Ltd (Australian Business Number: 38 612 619 520) (‘JET’).
    3. The Website and the Application are provided for use as a service. The Jet Service only facilitates interactions between:
      1. Those people or organisations looking to participate in a sporting event (the 'Receiver'); and
      2. Those people or organisations that are looking to set organize, arrange and facilitate the operation of a sporting event (the 'Provider')
    4. The purpose of the Jet Service is for the Receiver and the Provider to locate, and communicate between one another so that they can and arrange sporting events of any kind between themselves (‘Purpose’).
    5. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website or the Application, you acknowledge that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Service, or any of its products or Services, immediately.
    6. JET reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JET updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Your use of this Service following the posting of such shall constitute your acceptance of any such changes.
  2. Acceptance of the Terms

    You accept the Terms by registering for the Jet Service and/or making any payment as required under the Terms for use of the Services (as further elaborated on at clause 7 and clause 8). You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by JET in the user interface.

  3. The JET Services
    1. In order to access the JET Service, both the Receiver and the Provider are required to register for an account through _______________ (the 'Account').
    2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
      1. An email addess
      2. Location
      3. Preferred username
      4. A password
      5. Company website url, company logo (if applicable)
      6. Sport(s) and event(s) of interest
      7. Your approximate skill level
      8. Whether or not you are offering your involvement as a qualified instructor or trainer
    3. You warrant that any information you give to JET in the course of completing the registration process will always be accurate, correct and up to date.
    4. Once you have completed the registration process, you will be a registered member of the Jet Service ('Member') and agree to be bound by the Terms.
    5. You may not use the Jet Service and may not accept the Terms if:
      1. You are not of legal age to form a binding contract with JET (at least 18 years old); or
      2. You are a person barred from receiving the Services under the laws of Australia.
  4. Your obligations as a Member
    1. As a Member, you acknowledge and/or agree to comply with the following:
      1. You will not share your personal profile for use by any other person
      2. You will use the Jet Service only for purposes that are permitted by:
        1. the Terms; and
        2. (any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
      3. You have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of your membership
      4. Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify JET of any unauthorised use of your password or email address or any breach of security of which you have become aware
      5. You must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time
      6. Any content that you broadcast, publish, upload, transmit, post or distribute on the Jet Service ('Your Content') will always be accurate, correct and up to date and you will maintain reasonable records of Your Content. In particular you warrant that:
        1. Your Content does not infringe any intellectual property rights, including in relation to copyright and trademarks, and is not defamatory
      7. You agree not to harass, impersonate, stalk, threaten (verbally or physically) another Member of the Service (where interaction with other Members is made available to you through the Service or otherwise)
      8. Access and use of the Jet Service is limited, non-transferable and allows for the sole use of the Jet Service by you for the purposes of providing the Services
      9. You will not use the Jet Service in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of JET
      10. You will not use the Jet Service for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic other means, for the purpose of sending unsolicited email or unauthorised framing of or linking to the Jet Service that is not in accordance with these terms or otherwise approved by JET
      11. You agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of your membership. Appropriate legal action will be taken by JET for any illegal or unauthorised use of the Jet Service
  5. Using Service as a Reciever
    1. For a personal user, one must create an account, then login and enter their personal details. They can then search for events which you wish to participate in, or other individuals or entities that are looking to provide a sporting service or event
    2. Once you have found an event, you will be instantly linked to the Provider so you can ask questions and arrange the finer details of what is required to successfully participate I any proposed sporting event or activity
  6. Using Service as a Provider

    One must create an account, then login and create an event or other sporting activity. Receivers will be able to view your proposed event, and if they wish to find out more will be automatically connected to you by email. Once connected, you will be able to provide more details to a prospective Receiver.

  7. Payment
    1. In some cases, such as when you are engaging the services of a professional, or when costs are associated with the activity you wish to participate in (such as court, pool, gear or oval hire funds may need to change hands.
    2. All payments made in the course of your use of the Services are made using a third party service named Stripe ('Stripe'). When making any payment in relation to your use of the Jet Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website. Please note that depending on your location, these terms of service may vary slightly. Ensure you read and understand the terms of service that apply to you.
    3. Please note that in facilitating a transaction that allows for funds to change hands in relation to an activity, the following terms apply offering the Services to you, you agree that:
      1. The funds are transferred on a case by case basis depending on the proposed activity. If a Member elects to participate in an activity the funds will be transferred from its/their configured credit card to the Provider’s Stripe account. If an organisation purchases a licence the funds will be transferred from its/their configured credit card to the sellers Stripe account.
      2. In both cases a three percent (3%) application fee is taken by JET from the amount transferred to the Provider (“JET Fee”) and the Provider will receive the remaining funds after being processed through the Stripe payment gateway. JET reserves the right to change this fee. You will be notified of any change to the JET Fee. Once a JET Fee has been received it is final.
  8. Refund Policy
    1. At all times, JET acts as the facilitator only in introducing the Receiver to the Provider, and providing a system to make safe payment. Jet does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of the Jet Services.
    2. If a Receiver is unsatisfied with the Services provided by a Provider and believes that they may be entitled to a refund, Jet requires the Receiver to contact the Provider directly to request a refund. If contacting the Provider is not successful after fourteen (14) days, the Receiver must contact JET directly through the 'Contact Us' section of the Website outlining why you believe you are entitled to a refund so we are able to ensure that the Provider receives the refund request, and responds to you within 14 days.
    3. If contacted by a Receiver (or by JET on behalf of the Receiver) who is requesting a refund pursuant to clause 8.2, and if the Provider agrees to provide a refund, it will login to their Stripe account dashboard and find the Receiver listed under ‘Customers’. Once the Receiver is identified via their email address, the Provider will instruct Stripe to refund the appropriate payment by clicking ‘Refund Payment’. It is acknowledged by the Provider that the Jet Fee will not be refunded and will be refunded to the Receiver from the Provider’s Stripe account balance. For the avoidance of doubt, all Jet Fees are final once any transaction is completed. The Seller is solely responsible for any necessary refunds or replacements as the vendor, in accordance with Australian Consumer Law.
    4. Both the Receiver and Provider agree that they will comply with the Refund policy contained in this Clause of these Terms. Failure to respond to refund requests by the Seller may result in termination of its membership to the Jet Service.
  9. Copyright and Intellectual Policy
    1. The Application, the Website and all of the related products of JET are subject to copyright. The material on the Jet Service is protected by copyright under the laws of Australia. Unless otherwise indicated, all rights (including copyright) in the Application and the Website and any materials found on it (including but not limited to text, video images, audio clips, code, scripts, design elements and interactive features), whether uploaded by JET or any other person or entity are owned or controlled by JET or its contributors.
    2. All trademarks, service marks and trade names are owned, registered and/or licensed by JET, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
      1. Use the Jet Service pursuant to the Terms;
      2. Copy and store the Jet Service and the material contained in the Service in your device's cache memory; and
      3. Print pages from the Jet Service for your own personal and non-commercial use.
      JET does not grant you any other rights whatsoever in relation to the Application, the Website. All other rights are expressly reserved by JET.
    3. JET retains all rights, title and interest in and to the Jet Service. Nothing you do on or in relation to the Jet Service will transfer any:
      1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
      2. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
      3. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you
  10. Privacy
    1. JET takes your privacy seriously and any information provided through your use of the Jet Service are subject to JET's Privacy Policy, which is available on the Website and can be found here
    2. In particular we would like to inform you of some of the activities we will undertake and how we will share some images of you. Please note that we reserve the right to:
      1. Take pictures and videos at any sporting event organized through the Purpose;
      2. Collect personal data about you and your sporting preferences and the frequency in which you participate in them;
      3. 10.2.3. Use these images and data for the purposes of self-promotion, and in certain circumstances provide them to third parties for advertising and research purposes.
  11. General Disclaimer
    1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
    2. Subject to this clause, and to the extent permitted by law:
      1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
      2. JET will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Jet Service or these Terms (including as a result of not being able to use the Jet Services or the supply of the Service), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    3. Use of the Jet Service is at your own risk. Everything on the Jet Service is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of JET make any express or implied representation or warranty about the Jet Service. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on the Jet Service, or any of its products relating to the Purpose (including third party material and advertisements);
      3. costs incurred as a result of you using the Jet Service, any of the products of JET; and
      4. the Jet Service or operation of them in respect to links which are provided for your convenience.
    4. You acknowledge that the Jet Service is only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Jet Service, and JET holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
    5. You acknowledge that the Jet Service is only intended to facilitate the interactions between the Receiver and the Provider and that JET is not responsible for disputes of any kind or nature that arise as a consequence of a transaction or interaction facilitated by the use of the Jet Service
  12. Limitation of Liability
    1. JET shall not be liable for any form of incidental, indirect, special, exemplary, punitive or consequential Loss including any third party Loss, loss of profits, loss of production, increased operating costs, loss of revenue, loss of data, loss or denial of opportunity, loss of goodwill, loss of reputation, loss of anticipated savings, loss of interest or credit rating or any pure economic loss; which is not a natural or normal consequence of a cause of action suffered or incurred by you whether arising in contract or tort (including negligence) in equity, or under any statute. For the purposes of this clause ‘Loss’ means all liabilities, losses, damages, fees, expenses and costs (including legal costs on a full indemnity basis and whether incurred or awarded and disbursements reasonably incurred) of any kind and nature whether arising in contract or tort (including negligence) in equity, or under any statute.
    2. Notwithstanding any other clause in this Agreement and to the extent permitted by law, the maximum liability of JET arising out of or relating to this Agreement both during and after the Term shall be limited to the total cost of the resupply of the Jet Service.
    3. You acknowledge and agree that JET holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Jet Service.
  13. Termination of Contract
    1. If you want to terminate the Terms, you may do so by providing JET with 7 days' notice of your intention to terminate by sending notice of your intention to terminate to JET via the 'Contact Us' link on our homepage.
    2. JET may at any time, terminate the Terms with you if:
      1. you have breached any provision of the Terms or intend to breach any provision;
      2. JET is required to do so by law;
      3. the provision of the Jet Service to you by JET is, in the opinion of JET, no longer commercially viable.
    3. Subject to local applicable laws, JET reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Jet Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts JET's name or reputation or violates the rights of those of another party.
    4. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and JET have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  14. Indemnity
    1. You agree to indemnify JET, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on the Jet Service or attempts to do so; and/or any breach of the Terms
  15. Confidential
  16. All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
  17. Termination of Mediation:
    1. If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
  18. Jurisdiction of the Jet Service

    The Jet Service offered by JET is intended to be viewed and used by residents of Australia and visitors legally allowed to be in Australia.

  19. Governing Law

    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, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

  20. Severence

    If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.