Terms of Service

These Terms of Service ("Terms") govern your use of the website, products, and services provided by Erskine Co Pty Ltd (ABN 98 694 998 582, ACN 694 998 582), a company registered in Victoria, Australia, and operating from the Shepparton Region, VIC 3631. By accessing our website (erskinecopty.space) or engaging our services, you agree to be bound by these Terms.

1. About Erskine Co Pty Ltd

Erskine Co Pty Ltd is a sports consulting company providing professional advisory services including performance analytics, team development strategy, sports business management, and athletic program design. We are a GST-registered entity operating primarily within the Shepparton region of Victoria, serving areas including Arcadia, Cosgrove, Grahamvale, Karramomus, and Kialla.

2. Acceptance of Terms

By accessing or using our website, submitting enquiries, or engaging our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy. If you do not agree to these Terms, you must not use our website or services.

3. Services

3.1 Scope of Services

Erskine Co Pty Ltd provides sports consulting services as outlined on our website and as agreed upon in individual service agreements. The specific scope, deliverables, timelines, and fees for each engagement will be detailed in a separate service agreement or statement of work.

3.2 Service Delivery

We will use reasonable efforts to deliver our services professionally and in accordance with industry standards. While we aim to achieve the best possible outcomes, we do not guarantee specific results, as outcomes in sport are influenced by many variables beyond our control.

3.3 Client Obligations

To enable effective service delivery, clients agree to:

• Provide accurate and complete information as reasonably required
• Make timely decisions and provide feedback when requested
• Ensure appropriate personnel are available for consultations and meetings
• Comply with all applicable laws and regulations

4. Fees and Payment

4.1 Pricing

All fees for our services will be communicated in advance and documented in the relevant service agreement. Unless stated otherwise, all prices are in Australian Dollars (AUD) and are inclusive of GST where applicable.

4.2 Payment Terms

Payment terms will be specified in the service agreement. Unless otherwise agreed, invoices are payable within 14 days of the invoice date. Erskine Co Pty Ltd reserves the right to charge interest on overdue amounts at a rate of 2% per month.

4.3 GST

As a GST-registered entity, Erskine Co Pty Ltd will issue tax invoices that comply with Australian tax law requirements.

5. Intellectual Property

5.1 Our Intellectual Property

All content on the Erskine Co website, including text, graphics, logos, images, software, and design elements, is the intellectual property of Erskine Co Pty Ltd and is protected by Australian and international copyright laws. You may not reproduce, distribute, or use any content without our prior written consent.

5.2 Client Materials

Any materials, data, or information provided by clients remain the property of the client. By providing such materials, you grant us a non-exclusive licence to use them solely for the purpose of delivering the agreed consulting services.

5.3 Deliverables

Unless otherwise agreed in writing, intellectual property rights in any reports, strategies, or deliverables created by Erskine Co as part of a consulting engagement will transfer to the client upon full payment of all applicable fees.

6. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of any engagement. This obligation survives the termination of any service agreement. Confidential information does not include information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is received from a third party without breach of any confidentiality obligation
• Is required to be disclosed by law or regulatory authority

7. Limitation of Liability

To the maximum extent permitted by law:

• Erskine Co Pty Ltd provides its services and website on an "as is" basis
• We make no warranties, express or implied, regarding the suitability of our services for any particular purpose
• Our total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• Nothing in these Terms excludes or limits any consumer guarantees under the Australian Consumer Law that cannot be excluded or limited by law

8. Website Use

8.1 Acceptable Use

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use and enjoyment of the website. Prohibited conduct includes:

• Attempting to gain unauthorised access to our systems or data
• Transmitting any harmful, offensive, or illegal content
• Using automated tools to scrape or collect data from the website
• Interfering with the proper functioning of the website

8.2 Website Availability

We strive to keep our website available at all times but do not guarantee uninterrupted access. We may suspend or modify the website for maintenance, updates, or other reasons without prior notice.

9. Termination

Either party may terminate a consulting engagement in accordance with the terms of the applicable service agreement. Erskine Co reserves the right to suspend or terminate access to our website at any time if we reasonably believe these Terms have been breached.

Upon termination of a service agreement:

• The client will pay for all services rendered up to the date of termination
• Both parties will return or destroy any confidential information of the other party
• Clauses relating to intellectual property, confidentiality, limitation of liability, and dispute resolution will survive termination

10. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or our services, the parties agree to:

• First attempt to resolve the dispute through good-faith negotiation
• If negotiation is unsuccessful, submit the dispute to mediation administered by an agreed mediator in Victoria
• If mediation fails, the dispute may be referred to the courts of Victoria, Australia

11. Force Majeure

Erskine Co Pty Ltd shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, or disruptions to technology infrastructure.

12. Indemnification

You agree to indemnify and hold harmless Erskine Co Pty Ltd, its directors, employees, and agents from any claims, losses, damages, or expenses (including legal costs) arising from your breach of these Terms or misuse of our services or website.

13. Amendments

Erskine Co Pty Ltd reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated effective date. Continued use of our website or services after changes are posted constitutes acceptance of the updated Terms.

14. Severability

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

15. Governing Law

These Terms are governed by the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal therefrom.

16. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Erskine Co Pty Ltd regarding the subject matter herein and supersede all prior agreements and understandings.

17. Contact Information

For questions or concerns about these Terms of Service, please contact:

Erskine Co Pty Ltd
ABN: 98 694 998 582
ACN: 694 998 582
Location: Shepparton Region, VIC 3631
Email: ceo@erskinecopty.space
Website: erskinecopty.space