Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "Client") and Seeking Systems Pty Ltd (ABN 99 695 063 220, ACN 695 063 220) ("we", "us", "our", or "Seeking Systems"), an Australian Private Company registered in Victoria.

By accessing our website at seekingsystemspty.online, engaging our consulting services, or otherwise interacting with Seeking Systems, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services.

2. About Our Services

Seeking Systems Pty Ltd provides sports consulting services, including but not limited to:

• Athletic Performance Consulting
• Team Strategy and Development
• Sports Business Advisory
• Athlete Career Management

Our services are provided on a consulting basis and are subject to individual engagement agreements, which may contain additional terms specific to the services being provided.

3. Eligibility

To use our services, you must:

• Be at least 18 years of age, or have the consent of a parent or legal guardian.
• Have the legal capacity to enter into binding agreements.
• Provide accurate, current, and complete information as requested.
• Not use our services for any unlawful purpose.

4. Engagement and Service Agreements

Formal consulting engagements with Seeking Systems Pty Ltd will be governed by a separate Service Agreement or Statement of Work, which will outline:

• The scope of services to be provided.
• Fees, payment terms, and billing schedules.
• Duration and milestones of the engagement.
• Responsibilities of both parties.
• Confidentiality and non-disclosure provisions.

In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail.

5. Fees and Payment

Fees for our services will be outlined in the relevant Service Agreement or proposal. Unless otherwise specified:

• All fees are quoted in Australian Dollars (AUD).
• Payment is due within 14 days of the invoice date unless otherwise agreed.
• Late payments may incur interest at a rate of 2% per month on the outstanding balance.
• Seeking Systems Pty Ltd is not currently registered for GST. Should this change, GST will be applied as required by law.
• We reserve the right to suspend services if invoices remain unpaid beyond 30 days.

6. Intellectual Property

All content on the seekingsystemspty.online website, including text, graphics, logos, icons, images, and software, is the property of Seeking Systems Pty Ltd or its content suppliers and is protected by Australian and international intellectual property laws.

• You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.
• Any materials, reports, or deliverables created by Seeking Systems as part of a consulting engagement remain our intellectual property until full payment is received, at which point a licence to use those materials will be granted as specified in the Service Agreement.
• You retain ownership of all information and materials you provide to us.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of our engagement. This includes, but is not limited to:

• Business strategies and plans.
• Financial information and performance data.
• Athlete personal information and health records.
• Proprietary methodologies and tools.

Confidentiality obligations survive the termination of any engagement and remain in effect for a period of five (5) years from the date of disclosure.

8. Limitation of Liability

To the maximum extent permitted by Australian law:

• Seeking Systems Pty Ltd provides consulting services in an advisory capacity only. We do not guarantee specific outcomes or results.
• Our total liability to you for any claim arising from our services shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill.
• Nothing in these Terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Disclaimers

While we strive to provide accurate and up-to-date information:

• The content on our website is provided for general information purposes only and should not be relied upon as professional advice.
• We make no warranties or representations about the accuracy, reliability, completeness, or timeliness of any content on our website.
• Our consulting advice is based on the information provided to us and the prevailing circumstances at the time of the engagement.
• We do not guarantee that our website will be uninterrupted, secure, or error-free.

10. Indemnification

You agree to indemnify, defend, and hold harmless Seeking Systems Pty Ltd, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms.
• Your use of our services or website.
• Any information you provide to us that is inaccurate, incomplete, or misleading.
• Any third-party claims related to actions taken based on our consulting advice.

11. Termination

Either party may terminate a consulting engagement as follows:

• By providing written notice as specified in the relevant Service Agreement.
• Immediately, if the other party materially breaches these Terms or the Service Agreement and fails to remedy the breach within 14 days of written notice.
• We may suspend or terminate your access to our website at any time without notice if we believe you have violated these Terms.

Upon termination, all fees for services rendered up to the date of termination shall become immediately payable.

12. Privacy

Your use of our services and website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using our services, you consent to the collection and use of your information as described in the Privacy Policy.

13. Dispute Resolution

In the event of a dispute arising from these Terms or our services:

1. Negotiation: The parties shall first attempt to resolve the dispute through good faith negotiation within 14 days of the dispute arising.
2. Mediation: If negotiation is unsuccessful, the parties agree to submit the dispute to mediation administered by the Australian Disputes Centre (ADC) in Melbourne, Victoria.
3. Litigation: If mediation is unsuccessful, either party may pursue legal remedies in the courts of Victoria, Australia.

14. Force Majeure

Seeking Systems Pty Ltd shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, civil unrest, power outages, or telecommunications failures.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia for any disputes arising out of or relating to these Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with any applicable Service Agreement and our Privacy Policy, constitute the entire agreement between you and Seeking Systems Pty Ltd regarding your use of our website and services. These Terms supersede all prior or contemporaneous communications, proposals, and representations with respect to the subject matter hereof.

18. Changes to These Terms

Seeking Systems Pty Ltd reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our website or services after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

19. Contact Us

If you have any questions about these Terms of Service, please contact us:

• Company: Seeking Systems Pty Ltd
• ABN: 99 695 063 220
• ACN: 695 063 220
• Entity Type: Australian Private Company
• Email: legal@seekingsystemspty.online
• Website: seekingsystemspty.online
• Location: VIC 3067 (Abbotsford)