Terms And Conditions
In these terms and conditions (Terms):
- Slingshot Practice (ABN 13 162 642 159) is referred to as we, our, us or Slingshot Practice
- the website located at www.slingshotpractice.com is referred to as the Site
- other websites or social media platforms on which we have a presence are referred to as Related Sites
- provision of the platform through which Practitioners provide their professional services to you is referred to as the Services
- you, as a user (as applicable) of the Site and Services, are referred to as you, your or Client
- a project, assignment, job, task, work, deliverable or request for services is referred to as a Job
- a person providing services to you is a Practitioner
- the fees a Practitioner charges you for their services are Fees
All prior representations and understandings, whether written or oral, are excluded.
You must comply with all policies and procedures as published by us on the Site from time-to-time.
Account Information and Acceptance
You warrant that all information provided by you to us in relation to your account is true and correct. When you create your account, Slingshot Practice reserves the right to verify any information you provide in your account profile.
You are responsible for protecting your login details.
Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Site and Services.
You must notify us immediately if there is any unauthorised usage of your account.
By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
Use of the Site
We provide the Site for you to request the professional services of our Practitioners. In creating your profile, you can upload a photo of yourself or your business logo. When a Practitioner completes a Job for you, you are entitled to rate the quality of that Practitioner’s service. This rating will be applied to the Practitioner’s profile.
You must not:
- make the Site available to anyone else;
- sell, resell, rent or lease access to the Site;
- use the Site to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
- use the Site to store or transmit harmful code;
- use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
- use the Site in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory;
- interfere with or disrupt the integrity or performance of the Services or any third-party applications; or
- attempt to gain unauthorised access to the Services or our related systems or networks. You may not access the Site to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Site for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
For all Job requests, you must contact each Practitioner through the Site by submitting an inquiry form for each Job. The inquiry form will include a brief description of the Job, as well as any relevant additional information you believe is necessary for the Practitioner to gain a complete understanding of your Job.
If a Practitioner does not accept your Job within two business days from sending an inquiry form to the Practitioner or the Practitioner rejects your Job, you are then free to submit an inquiry form to another Practitioner for the same Job.
When a Practitioner accepts a Job, you must immediately notify us the Job has been accepted, along with the Fee and payment schedule. You must also notify us when the Job is complete. If a Practitioner terminates their provision of services with you, you must pay for all services performed up to and including the date of termination.
Practitioners are responsible for delivering each Job. Slingshot Practice is not liable for the delivery or quality of the services provided to you by any Practitioner.
You agree that nothing in this agreement constitutes that you are the partner of, employee of, agent of, or joint venturer with, us or any Practitioner and that, other than as expressly provided for in this agreement, neither you, us or any Practitioner has the right to bind the other without the other’s prior written consent.
Invoicing of Fees
You are responsible for negotiating your Fees and payment frequency directly with each Practitioner. We are not responsible for invoicing or collecting payments.
Each time you submit payment for an invoice, you must include us as a cc in the email (email@example.com).
Client Provided Content
The Site and Related Sites may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Site and/or Related Sites:
- agrees that the content will be treated by us as not being confidential;
- grants to us a royalty free, non-exclusive and non-transferable licence to use, host and publish the Provided Content in connection with providing the Services to you during the term of these Terms;
- promises that their Provided Content is owned by them or they have authorisation from the owner to submit that content; and
- must not submit any Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Site and/or Related Sites by us without notice to you).
Provided Content will not be provided to any third-party or used for any other purpose other than for the provision of the Services.
Confidential Information means in relation to a party, information that is by its nature confidential, is designated by that party as confidential, or the other party knows or ought reasonably to know is confidential, and includes any information relating to the financial affairs, assets or liability of a party, or any information relating to the internal management of a party, its personnel, policies, plans, strategies, customers, suppliers, products or services. Confidential Information does not include information or material that:
- is or becomes generally known to the public other than through a breach of this agreement;
- at the time it was first disclosed to a party, was already in that party’s lawful possession;
- is developed independently by a party; or
- is disclosed to a party by a third party entitled to disclose it.
A recipient of Confidential Information may only use the Confidential Information of the discloser for the purposes of performing the recipient’s obligations or exercising the recipient’s rights under this agreement.
A recipient must:
- not disclose the Confidential Information of the other to any person except if this agreement permits;
- not assist or permit any person to make any unauthorised use of the discloser’s Confidential Information; and
- take reasonable steps to safeguard the Confidential Information, including co-operating with the discloser as reasonably required to protect the confidentiality of its Confidential Information.
A recipient may disclose Confidential Information to:
- its representatives on a “need-to-know basis”; or
- any other person only with the discloser’s prior written consent,
provided that, before doing so, the recipient must ensure that those persons are aware of the confidential nature of the Confidential Information and are bound by confidentiality obligations consistent with this agreement.
All right, title, and interest in and to the intellectual property subsisting in the Site remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
You may not claim ownership of any products or services created and owned by us and hosted within the Site; such are the sole property of us including all intellectual property associated with such products or services.
You authorise us to use, store, reproduce and manipulate your data stored within the Site for the sole purpose of the provision of the Site to you.
All right, title, and interest in and to the intellectual property subsisting in the Services remains with the Practitioner until all Fees are paid, at which time the intellectual property is automatically assigned to you.
Third-Party Services and Content
We may display content, advertisements and promotions from third parties through our Site (Third-Party Content). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Site due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.
Each party indemnifies the other for all damages suffered or incurred, whether directly or indirectly, in connection with your:
- use of the Site and Services, including without limitation to claims relating to damage to property, personal injury, death and the Fees;
- any actual or alleged infringement of any intellectual property rights by the other party;
- any actual or alleged breach of any applicable privacy laws, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
- any actual or alleged breach of any applicable consumer protection laws and regulations; and
- negligence or default.
We are only responsible for providing the Site and Services in accordance with these Terms.
Information provided on the Site is for general purposes only and not as specific advice to any particular person. Any advice contained on the Site or provided by representatives of us is general advice and does not take into account your particular objectives, financial situation or needs. Before acting on any information obtained from your use of our Site or Services, you should seek assistance from your legal and financial advisers as to whether it is appropriate to your particular needs, objectives and financial circumstances. Us and our officers, employees and agents disclaim all liability (except for any liability which by law cannot be excluded), for any error, inaccuracy in, or omission from any information discussed with or provided to any person or any loss or damage suffered by any person directly or indirectly through relying on any discussions, whether through the Site, the Services or otherwise.
The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and Services.
Limitation of Liability
To the fullest extent permitted by law, we exclude all terms, conditions, warranties, and guarantees which might be implied into these Terms.
Our liability to you in respect of any claim made by you arising out of the use of the Services is limited, at our option, to the provision of the Services again or paying to provide the Services again.
Neither party will be liable for breach-of-contract damages that could not have been reasonably foreseeable on entry into these Terms.
You must not make any public statement about this agreement, the subject matter of this agreement or its relationship with Slingshot Practice (including making any reference to any member of Slingshot Practice on a website) or with any Practitioner without the prior written approval of Slingshot and that Practitioner.
You must not at any time during the Term of this agreement, or after it ceases, disparage or make any statement, or permit or authorise any statement to be made, which is calculated or reasonably likely to damage the reputation of Slingshot Practice or any Practitioner.
We reserve the right, in our sole discretion, to modify or replace any part of these Terms.
We will notify you of any material change to these Terms. If you access the Site after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or Services (or any features or parts thereof) at any time and without liability.
We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.
If, in our reasonable opinion, you have breached these Terms, we may suspend or restrict your account with immediate effect. We will notify you if suspension or restriction occurs. If suspension or restriction occurs, you will be unable to access and use the Site and Services.
Each party may terminate this agreement without cause at any time by giving the other party 7 days’ written notice.
Each party may terminate this agreement immediately on written notice to the other party if:
- the other party materially breaches this agreement (or commits a series of breaches which collectively constitute a material breach) and the breach cannot, or is not, rectified within 7 days after the party sends written notice to the other party specifying the breach and requesting rectification; or
- the other party becomes insolvent.
If termination occurs, you will be unable to access and use the Site and Services.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Applicable Law and Jurisdiction
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the Commercial Arbitration Act 2010 (NSW). The seat of arbitration is Sydney, Australia. The language of the arbitration is English. The number of arbitrators is one. These Terms are governed by the laws of New South Wales.