Chess Squad Academy Terms and Conditions
Terms of Service
The Sydney Academy of Chess Pty Ltd (ABN 14 139 982 004) (“Sydney Academy of Chess” and also “us”, “we” and “our”) provides a variety of chess related services including coaching, classes, workshops, tournaments and intra-school competitions for school age children (“Services”). We also sell certain chess related products through our website https://sydneyacademyofchess.com.au/ (“this Website”) and provide a chess rating website from the results at our tournaments at https://chessratings.com.au/ (Collectively, the “Websites”).
Access to and use of the Services and Websites are subject to the following terms, conditions and notices (“Terms of Service”). By accessing and using the Services and/or the Websites you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
(a) This Website allow you to purchase goods and enrol in our Services. You agree to pay for the goods and Services in accordance with the prices set out on this Website or as otherwise advised by us.
(b) All prices are in Australian Dollars (AUD) and are inclusive of GST. We reserve the right to amend our prices at any time. If you have placed an order, we undertake to fulfil your order at the price listed at the time you ordered.
(c) When making a payment via this Website, you will be asked to provide some personal information, including:
(i) Child’s name, class, date of birth, relevant medical conditions;
(ii) Parent’s name, phone numbers, email address, postal address (if shipping is required); and
(iii) Credit/debit card information.
This information is required by our administration staff to match your child’s enrolment to their payment, and also by our Bank to process your credit card. When the payment has been approved, you will be sent a receipt by email. Sydney Academy of Chess stores this personal information (excluding credit card details) on our secure database, for the purposes of keeping accurate records of enrolments and payments.
(d) Payment for school chess classes, workshops, private lessons and tournaments is due in advance.
(e) If your payment is 28 days or more overdue, then a $10 administration fee will be added to your amount owing. You agree that the fee referred to in this clause represents a genuine pre-estimate of the administration costs we incur in responding to your late payment.
(f) No free trial lessons are offered under any circumstances. Any one-off lessons or trial classes must be paid for.
(g) Additional terms and conditions may apply to purchases of goods or Services, all of which terms are made a part of these Terms of Service by this reference. You agree to abide by such other terms and conditions. If there is any conflict between these Terms of Service and the terms posted for or application to specific Services of this Website, the latter terms shall prevail to the extent of any inconsistency.
2. Cancellations and refunds
(a) No refunds or credits are given for missed lessons. If your child misses a lesson, you may ask for some class notes/puzzles to be given on the topic covered in class for that week.
(b) No refunds/credits will be given for tournaments or workshops, unless we are notified at least 24 hours in advance.
(c) If you have paid for future terms in advance you may apply for a refund for any terms that have not yet commenced, subject to us charging and deducting the following amounts from the amount to be refunded to you:
(i) a fee to cover the cost to us of processing the original payment and the refund, calculated at 1.1% of the proposed refund; and
(ii) in the event we have in our discretion given you a gift as a sign of appreciation of your commitment to us, we will also charge you the market cost of that gift plus postage.
(d) You consent to any refunds being effected by way of credit to the credit or debit card used to pay for the relevant Services.
(e) On occasion, there will be clashes with pupil-free days, sports carnivals, swimming programs, excursions, and so on. Please contact Sydney Academy of Chess if you believe that there is such an event which will disrupt the chess program and is not listed on the enrolment form. In this case, we will do our best to arrange a makeup lesson on another day. We must be informed in advance for a makeup lesson to be arranged.
3. Collection and use of personal information
(b) As outlined below, the entrants and results from tournaments and the Intra-School Competition are published on our Websites.
(c) In the case of events, photographs of the event may be taken and published on this Website. If parents do not wish their children to be photographed, or their child's name published on the Websites, we must be notified in writing before the start of the tournament.
4. Provision of Services
Classes and workshops
(a) The chess coach needs to set up for the class upon arrival and supervise the children who are present. Please do not request that the coach goes elsewhere to collect your child and take them to the class.
(b) Parents are not permitted to sit in on lessons while classes are in progress. The reasoning for this is to avoid children being intimidated or distracted and to allow them to focus on the lesson. Other reasons include insurance issues and the need for every adult in our class environment to have a Working With Children Check so therefore it is Sydney Academy of Chess’ blanket policy that no parent be present during classes.
(c) For after school classes, it is imperative that parents pick up their children on time. If you think that you will be running late to collect your child, please call the Sydney Academy of Chess office on (02) 9745 1170, to inform our staff. We will charge you an additional fee of $5 for each child you have in the class per 5 minutes (or part thereof) that our staff and/or contractors are required to stay back beyond the class designated hours to supervise your child/children. Without prejudice to any other rights under this agreement, we are entitled to deduct this amount from any amounts paid to us on account of future fees and/or to suspend provision of future Services to you until any amounts accrued under this clause are paid.
(d) You acknowledge that whenever you are late to collect your child from an after school class we must arrange our staff and/or contractors to remain for additional time, causing disruption to us and our staff and/or contractors. You agree that the fee referred to in this clause represents a genuine pre-estimate of the loss we incur in supervising children beyond the end of the designated class time.
Tournaments and Interschool Chess Challenge
Tournament and Interschool Chess Challenge rules
(a) The tournament will be played in a 'Swiss' format, with 6-8 rounds, depending on the time available. All players will play every round, and will be paired against others on the same score wherever possible, or a similar score. Players score 1 point for a win, 1/2 point for a draw, and 0 points for a loss. The winner of the tournament is the player with the highest overall score.
(b) The tournament will be played using chess clocks. The time control will be 15 minutes per player (20 minutes per player for the NSW Interschool Girls Teams Chess Challenge). A demonstration for new players on how to use chess clocks will be made before the start of play. Once a player makes a move, they need to press the button on their side of the clock. This starts the opponent's time ticking. When a player reaches zero on the clock, they lose the game.
(c) The 'touch move' move applies in all tournaments. A player must move the first piece that he/she touches, if it is legal to move that piece. If a player touches an opponent's piece, that piece must be captured if it is legal to do so. If a player makes a legal move with a piece and lets go of that piece, the move cannot be taken back.
(d) When a player's king is in danger, this is called 'check'. That player must escape check immediately by either taking the opponent's piece, blocking the check, or running away with the king to a safe square.
(e) If there is no way to escape from check, then that player is in 'checkmate' and the game is over.
(f) A game is not won by taking the opponent's king. If a player makes an illegal move (a move against the rules of chess), then that move needs to be taken back, and a legal move played instead.
Spectators and observers
(g) Players must stand at least one metre back from the table, when observing other games in progress. No player is allowed to give advice to another player, while their game is in progress, including calling check, checkmate, and time (flagfall). This is cheating and penalties may apply (such as taking a point from a player's total score).
(h) To ensure a safe environment, parents and spectators need to respect the boundaries set by the organisers, and keep outside the playing area, which is for players and officials only.
(i) Spectators and players need to switch their mobile phones to silent throughout the duration of the tournament. If a mobile phone rings, a spectator may be asked to leave the playing hall.
Problems during a game
(j) If a player has a question or a problem at any time, they should raise their hand, and an arbiter will come over to help out.
Completed games and results
(k) If players agree upon a result and shake hands, the result must stand and cannot be reversed. This means that is the player's responsibility to carefully make sure that a position is actually checkmate, if checkmate is announced by the opponent.
(l) When a game is finished, the players should:
1) Shake hands;
2) Set up the board correctly for the next round; and
3) The winner needs to report the result at the results table. In case of a draw, both players should report the result.
(m) Any decision made by the arbiter will be final.
Publication of results from tournaments and Interschool Chess Challenge events
(n) All entries will be listed on this Website, to show who is playing in the tournament. Any spelling errors will be corrected upon notification.
(o) The results from each tournament will be published on this Website. This includes the child’s first name, last name, age, rating, result and tie break.
(p) A child’s individual results across tournaments are recorded on the website https://chessratings.com.au/, which permits a rating to be provided to each child. This website records the child’s name, age, gender, tournament results and rating.
(q) For the Interschool Chess Challenge, the results from each event will be published on this Website. This includes the child’s ranking, first name, last name, initials of the school, age, chess rating, score and tie break.
(a) The Services are for your personal, lawful use only and not for commercial exploitation. You may not sell, lease, sublicence, create derivative works from or otherwise commercially exploit the Websites or the Services.
(b) You may not copy, modify, reproduce, republish, distribute, display (other than for personal use) or transmit all or any portion of the Websites or Services.
6. Access to and use of the Websites
(a) Access to the Websites is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Websites are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites.
(b) Despite our best efforts, some product descriptions on the Websites may contain errors. We do not represent or warrant that the Websites will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We do not warrant or represent that the information available on or through the Websites will be correct, accurate, timely or otherwise reliable. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
(c) You must not misuse the Websites. You will not:
(i) commit or encourage a criminal offense;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Services or Websites; corrupt data; cause annoyance to other users;
(iv) infringe upon the rights of any other person's proprietary rights;
(v) send any unsolicited advertising or promotional material, commonly referred to as "spam"; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision may constitute a criminal offence and Sydney Academy of Chess will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(d) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any material posted on it, or on any Linked Sites.
7. Intellectual property, software and content
The intellectual property rights in all software and content (including photographic images) made available to you on or through the Websites remain our property or our licensors’ property and are protected by copyright and intellectual property laws. All such rights are reserved by the Sydney Academy of Chess and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Websites nor may you use any such content in connection with any business or commercial enterprise.
8. Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on the Websites are in no way associated, linked or affiliated with Sydney Academy of Chess and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Websites are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Sydney Academy of Chess.
9. Linked sites
(a) The Websites may contain links to other websites (Linked Sites), which are not operated by Sydney Academy of Chess. Sydney Academy of Chess has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Any hyperlink on the Websites to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
(b) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Websites must not be framed on any other site, nor may you create a link to any part of the Websites other than the home page. We reserve the right to withdraw linking permission without notice.
10. Warranties and guarantees
(a) If you are a “consumer” for the purposes of the Australian Consumer Law, certain guarantees may be conferred on you and certain rights and remedies may be conferred on you which cannot be excluded, restricted or modified. Any exclusions, restrictions, modifications or limitations contained in these Terms of Service do not apply to these guarantees.
In this clause, Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(c) “The Sydney Academy of Chess Group” means any and all of the Sydney Academy of Chess and any officer, director, employee, subcontractor, agent, successor, or assignee of the Sydney Academy of Chess.
11. Limitation of liability
(a) SUBJECT TO CLAUSE 10(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW THE SYDNEY ACADEMY OF CHESS GROUP SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM:
(i) YOUR USE OF THE WEBSITES AND SERVICES;
(ii) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES OR WEBSITES;
(iii) THE UNAVAILABILITY OR INTERRUPTION TO THE SUPPLY OF THE SERVICES OR THE WEBSITES;
(iv) YOUR OR OTHER CUSTOMER’S USE OR MISUSE OF THE SERVICES OR WEBSITES (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM THE SYDNEY ACADEMY OF CHESS GROUP IN USING OR MISUSING THE SERVICES OR WEBSITES);
(v) THE CONTENT OF THE SERVICES OR WEBSITES;
(vi) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF THE SYDNEY ACADEMY OF CHESS GROUP; OR
(b) SUBJECT TO CLAUSE 10(a) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SYDNEY ACADEMY OF CHESS GROUP WHETHER FOR BREACH OF THESE TERMS OF SERVICE OR IN TORT (INCLUDING NEGLIGENCE) OR FOR ANY OTHER COMMON LAW OR STATUTORY CAUSE OF ACTION SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL DIRECT DAMAGES OR THE AMOUNT YOU PAID FOR THE SERVICES IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM AROSE.
(c) SUBJECT TO CLAUSE 10(a), THE SYDNEY ACADEMY OF CHESS GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND LOSS OF PROFITS, CONTRACTS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INFORMATION OR DATA) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES OR THE WEBSITES, OR THE FAILURE OF THE SYDNEY ACADEMY OF CHESS GROUP TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF THE SYDNEY ACADEMY OF CHESS GROUP.
(d) Our liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage.
(e) No communication of any kind between you and Sydney Academy of Chess or a representative of Sydney Academy of Chess shall constitute a waiver of any limitations of liability in these Terms of Service or create any additional warranty not expressly stated in these Terms of Service.
(f) Sydney Academy of Chess is not liable if for any reason the Websites or the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the Websites.
Sydney Academy of Chess reserves the right to cancel a child’s enrolment in any of the Services due to any of the following:
(a) Continual poor behaviour;
(b) Non-payment of fees; or
(c) If the Terms of Service are breached.
(a) Sydney Academy of Chess reserves the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of the Websites. Sydney Academy of Chess may make improvements and/or changes to its features, functionality or Services at any time.
(b) Sydney Academy of Chess reserves the right to amend these Terms of Service from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
These Terms of Service are to be governed by and construed in accordance with the laws of New South Wales, Australia. Any claim made by either party against the other which in any way arises out of these Terms of Service must be heard in New South Wales, Australia and you agree to submit to the jurisdiction of those Courts.
1 What is "personal information"?
(a) The Privacy Act 1988 (Cth) currently defines "personal information" as meaning information or an opinion about an identified individual or an individual who is reasonably identifiable:
(i) whether the information or opinion is true or not; and
(ii) whether the information or opinion is recorded in a material form or not.
2 What information do we collect?
The kind of personal information that we collect from you will depend on how you interact with us (including use of our websites located at https://sydneyacademyofchess.com.au/ and https://chessratings.com.au/). The personal information which we collect and hold about you may include:
(a) identity particulars such as your name, address, date of birth, telephone number and email address and, additionally in the case of children participating in our events:
(i) any relevant medical conditions;
(ii) their parent’s name, postal address, email address and contact number; and
(iii) their school and teacher name, email address and contact number;
(b) your bank, credit or debit account details when you make a purchase;
(c) your records of communication with us;
(d) if you visit our website, your website usage information such as your IP address; and
(e) if you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.
We may collect personal information about children (for example, when children participate in events we are involved with). Where children do not have sufficient maturity and understanding to make decisions about their personal information, we will require their parents or guardians to make decisions on their behalf.
You can always decline to give us any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about personal information we have requested, please let us know.
3 Anonymity and pseudonymity
Unless it is impractical to do so, we provide you with the option of remaining anonymous or using a pseudonym when dealing with us. An example of when it may be impractical to use a pseudonym is in relation to purchasing goods or services from us. Generally, it is not practicable for us to deal with individuals anonymously or pseudonymously on an ongoing basis. If we do not collect personal information about you, you may be unable to utilise our services or participate in our events, programs or activities we manage or deliver.
4 How we collect your personal information
(a) We may collect personal information from you whenever you contact us, whether that occurs in person, over the phone, by email or by inputting such information into the website.
(c) Our websites may contain links to third-party websites. We are not responsible for the content or privacy practices of websites that are linked to our website.
5 Purpose of collection and use
(a) We will generally only collect and use your personal information for the primary purposes of:
(i) providing you with the best service experience possible;
(ii) our general business operations;
(iii) communicating with you and, where relevant, the teachers and schools of children enrolled in school based services, such as coaching or tournaments;
(iv) (in the case of relevant medical conditions) so that our chess coaches and supervising staff can request appropriate medical care in the event of an emergency; and
(v) (in the case of images or audio-visual recordings which identify you) promoting our services, such as coaching and tournaments, where you would reasonably expect this to occur.
(b) We may disclose your personal information as follows:
(i) as necessary to give effect to any transactions contemplated by any contract you have with us or other requests received from you;
(ii) to our service providers, including where relevant teachers or parent school chess coordinators, who assist us in either providing our services and events or operating our websites;
(iii) in the case of relevant medical conditions, we will disclose this to our chess coaches and supervising staff and to relevant medical professionals in the event of an emergency.
(c) By using our website or providing your email address, you consent to the receipt of direct marketing material. We will only use your personal information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from us. We do not use sensitive personal information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature.
(d) We will not sell or licence any personal information that we collect from you.
(e) When interacting with us online we cannot guarantee that your information has not been intercepted by someone else before reaching us.
6 How we hold your information
We store information in paper-based files or other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas). Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed). We take reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure.
We maintain physical security over paper and electronic data stores, such as through locks and security systems at our premises. We also maintain computer and network security, for example, we use firewalls (security measures for the internet) and other security systems such as user identifiers and passwords to control access to our computer systems.
Our websites do not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Users of our websites are encouraged to exercise care in sending personal information via the internet.
We take steps to destroy or de-identify information that we no longer require.
7 Access and correction
We take reasonable steps to ensure your personal information is accurate, up to date and not misleading.
Australian Privacy Principle 12 permits you to obtain access to the personal information we hold about you in certain circumstances, and Australian Privacy Principle 13 allows you to correct inaccurate personal information subject to certain exceptions. If you would like to obtain such access, please contact us as set out below.
8 Complaint procedure
If you have a complaint concerning the manner in which we maintain the privacy of your personal information, please contact us as set out below. All complaints will be considered by our privacy officer and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.
9 Overseas transfer
Your personal information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your personal information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.
10 How to contact us about privacy
If you have any queries, or if you seek access to your personal information, or if you have a complaint about our privacy practices, you can contact us on:
Address: Level 1, 30A George Street, Burwood NSW 2134
Attention: The Proper Officer