1           APPLICATION OF TERMS

1.1       These Terms of Use govern your access to and use of the DK Football Coaching website (the "Website"). By accessing and using the Website, you agree to comply with these Terms and Conditions. If you are accessing the Website on behalf of another person or entity (e.g., a company or organization), you confirm that you are authorized to act on their behalf and agree to these Terms on their behalf, making them legally bound by these Terms.

1.2       If you do not agree to these Terms, you are not permitted to access or use the Website. In such cases, you must immediately cease using the Website.

2           CHANGES

2.1       I reserve the right to amend or update these Terms at any time. Any changes will be posted on the Website, and such changes will take effect immediately upon posting unless stated otherwise. You are responsible for reviewing these Terms periodically to ensure you are aware of any changes. Continued use of the Website following the posting of updated Terms constitutes your acceptance of those changes.

2.2       I also reserve the right to modify, suspend, or discontinue the Website or any part of it at any time, without notice or liability.

2.3       These Terms were last updated on 22 February 2025.

3           DEFINITIONS

In these Terms:

“Including” and similar words do not imply any limit

“Loss” includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

“personal information” means information about an identifiable, living person

“Terms” means these terms and conditions titled Website Terms of Use

“Underlying System” means any network, system, software, data or material that underlies or is connected to the Website

“Website” refers to the website located at www.dkfootballcoaching.co.nz and any related online services provided by DK Football Coaching.

“I”, “me” or “my” means Danny Kane, a sole trader registered in New Zealand (NZBN: 9429052556319) under the trading name DK Football Coaching.

“You” refers to you, the individual accessing or using the Website, or, if applicable, the entity you represent. Where clause 1.1(b) applies, "you" includes both the individual and the entity on whose behalf you are acting.

4           YOUR OBLIGATIONS

4.1       You agree to provide accurate, complete, and up-to-date information when interacting with the Website, including submitting inquiries, making bookings, or registering for services. You must promptly update this information if any changes occur to ensure its accuracy.

4.2       You agree that you will not:

a            Introduce or transmit anything (including but not limited to viruses, worms, Trojan horses, or other harmful code) that may compromise, damage, or interfere with the Website, its Underlying Systems, or the security of the Website;

b            Use any method or tool other than standard web browsers to access the Website (such as scraping, data mining, use of robots or spiders, deep linking, or any other automated or manual data gathering techniques), without my express consent.

4.3       You must obtain my written permission to establish a link to my Website.  If you wish to do so, email your request to contact@dkfootballcoaching.co.nz.

4.4       You agree to indemnify and hold me harmless from any Losses that result from your breach of these Terms or from any actions or omissions that arise from your use of the Website.

5           INTELLECTUAL PROPERTY

5.1       All content on the Website, including but not limited to text, images, graphics, logos, sound recordings, videos, and the overall design (collectively, the "Content") is protected by intellectual property laws and is owned by me or my licensors. No rights, title, or interest in the Content are transferred to you by virtue of your use of the Website.

6           DISCLAIMERS

6.1       To the extent permitted by law, I and my licensors make no representations or warranties about the Website or its Content and disclaim any liability for:

a            Any unavailability of the Website, whether in whole or in part, or any issues with performance or slow loading;

b            Any errors, omissions, or inaccuracies in the information available through the Website;

c            Any damage to your computer system, loss of data, or exposure to viruses while accessing the Website;

d            Any third-party websites linked to or from the Website. Links to other websites are provided for convenience only, and I am not responsible for the content, operations, or privacy practices of any third-party sites.

6.2       I make no guarantees or representations about the Website's suitability for use in any particular jurisdiction. You are responsible for ensuring that your use of the Website complies with applicable local laws.

6.3       While I strive to maintain the availability of the Website at all times, I do not guarantee that the Website will be uninterrupted or error-free. I may, from time to time, need to perform maintenance or updates to the Website, which may temporarily impact its availability. You acknowledge that such interruptions may occur and that I am not liable for any inconvenience caused.

7           LIABILITY

7.1       To the maximum extent permitted by law, you use the Website at your own risk. I am not liable for any Losses that result from your use of, or inability to use, the Website, regardless of the cause of such Loss.

7.2       Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the New Zealand Consumer Guarantees Act 1993 or any other consumer protection law that cannot be excluded.  To the extent my liability cannot be excluded but can be limited, my liability is limited to NZD50.

7.3       To the maximum extent permitted by law and only to the extent clauses 7.1 and 7.2 of these Terms do not apply, my total liability to you under or in connection with these Terms, or in connection with the Website, or your access and use of (or inability to access or use) the Website, must not exceed NZD50.

8           PRIVACY POLICY

8.1       The Privacy Policy applies to the personal information I collect from you. By accessing and using the Website, you will be regarded as having read and agreed to the Privacy Policy.

9           TECHNICAL INFORMATION

9.1       I may collect certain technical information about your interactions with the Website, including data about your browser, device, location, and activity on the Website. This information may be collected through cookies or other tracking technologies. For further details, please refer to the 'Technical Information' section of the Privacy Policy.

9.2       By accessing and using the Website, you agree to the collection of technical information as outlined in the ‘Technical Information’ section of the Privacy Policy.

10        SUSPENSION AND TERMINATION

10.1     I may suspend or terminate your access to the Website at any time, without notice, if I believe that you have violated these Terms or if I determine, at my sole discretion, that it is necessary for any other reason.

10.2     On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

10.3     Upon termination of these Terms, I may, at my discretion, permanently delete or retain any data associated with your use of the Website, including any user-generated content, depending on my legal and operational obligations.

11        GENERAL

11.1     I may contact you by email or by posting a notice on the Website regarding any matters related to these Terms. You agree that these forms of communication satisfy all legal requirements for written notice.

11.2     These Terms and any disputes arising from them shall be governed by the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.

11.3     For me to waive a right under these Terms, the waiver must be in writing.

11.4     Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.4, 5, 6, 7, 10.1, continue in force.

11.5     If any part of these Terms is found to be illegal, invalid, or unenforceable, it will be modified to the extent necessary to make it enforceable, and the remainder of these Terms will continue in full force and effect.

11.6     These Terms represent the entire agreement between us regarding the Website, and supersede all previous agreements, representations, or understandings. No other representations or warranties, whether oral or written, will be deemed effective unless expressly stated in these Terms.

11.7     I will not be held liable for failure to perform any obligation under these Terms if such failure is caused by events beyond my control (e.g., natural disasters, strikes, or other unforeseen circumstances).

11.8     If a dispute arises, both parties agree to attempt informal negotiations before resorting to legal action. If negotiations fail, the dispute may be submitted to mediation before formal litigation.

11.9     These Terms are written in English, and the English version will prevail in case of any conflict between the English text and any translation.

12        CONTACT

12.1     If you have any questions about these Terms, you can contact me at contact@dkfootballcoaching.co.nz.