Terms of Use

Terms and Conditions 

THE AGREEMENT: The use of this website and services on this website provided by LINK TUNG (hereinafter referred to as “Website”) are subject to the following Terms & Conditions, all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”) and any services provided by or on this website (“Services”).

DEFINITIONS

“Agreement” denotes these Terms and Conditions and the Privacy Policy and other documents provided to you by the website. We,” “us,” and “our” are references to https://lingtungacupuncture.com.au/. User,” “You,” and “your” denotes the person who is accessing the website to take or avail of any service from us. User shall include the company, partnership, sole trader, person, body corporate, or association taking services of this website. Website” shall mean and include https://lingtungacupuncture.com.au/ and any successor Website of the Company or any of its affiliates. Parties: Collectively, the parties to this Agreement (We and You) will be referred to as Parties.

ASSENT & ACCEPTANCE

PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS, AND REMEDIES IN CONNECTION WITH YOUR USE OF THE SERVICES AND CONTENT. FOR EXAMPLE, THE TERMS INCLUDE:
  • YOUR OBLIGATION IS TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
  • LIMITATIONS OF OUR LIABILITY TO YOU; AND
  • A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE SERVICES ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH ALL APPLICABLE TERMS. If you do not agree to these Terms or our Privacy Policy, then please cease using the Services immediately. We reserve the right to change these Terms at any time (see “Changes to these Terms” below.) By accessing, browsing, and/or using the Services after updates to these Terms have been posted, you agree to be bound by the updated Terms. THESE TERMS AND OUR PRIVACY POLICY CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND LING TUNG ACUPUNCTURE.

Consequences of Non-Compliance

Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.

AGE RESTRICTION

You must be at least 18 (eighteen) years of age to use this Website, or any Services contained herein. By using this website, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. We assume no responsibility or liability for any misrepresentation of your age.

ACCURACY OF INFORMATION

Occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to user descriptions, pricing, availability, promotions, and offers. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We undertake no obligation to update, amend or clarify information on the website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the Website or Services has been modified or updated. Please ensure that you check the applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms and conditions by your continued use of the site after the date such revised Terms and conditions are posted.

THIRD-PARTY SITES

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of or the content located on or through any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of [MY WEBSITE URL].
  • You further agree not to use the Website or Services:
  • To harass, abuse, or threaten others or otherwise violate any person’s legal rights.
  • To violate any of our intellectual property rights or any third party.
  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
  • To perpetrate any fraud.
  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme.
  • To publish or distribute any obscene or defamatory material.
  • To publish or distribute any material that incites violence, hate, or discrimination towards any group.
  • To unlawfully gather information about others.

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by us are the property of [MY COMPANY NAME], including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.

INDEMNIFICATION

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless  [MY COMPANY NAME] and its affiliates and/or related entities, whether direct or indirect, current, former or future, and its and their respective current, former, or future officers, directors, employees, agents, successors and assigns and related third parties (each an “Indemnified Party”), for any claims, causes of action, debts, damages, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any third-party claim that (a) your use of or inability to use the Services, (b) any user postings made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations, except to the extent caused by any unlawful or negligent act or omission by  [MY COMPANY NAME].  [MY COMPANY NAME] reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with  [MY COMPANY NAME] in asserting any available defenses. An Indemnified Party may participate in the defense by counsel of its own choosing, at its own cost and expense. You shall not settle any claim that adversely affects an Indemnified Party or imposes any obligation or liability on an Indemnified Party without the Indemnified Party’s prior written consent.

BINDING ARBITRATION

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The arbitration will take place in the United States. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.       If, for any reason, the Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the United States, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts. In no event shall any Dispute brought by either party related in any way to the site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

EXCLUSION OF LIABILITY

You understand and agree that we (A) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties, and (B) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party. Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the [MY WEBSITE URL] Website, including loss of data or information or any kind of financial or physical loss or damage. In no event shall [MY COMPANY NAME], nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content attained from the service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, Agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we’ve been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.

MODIFICATION & VARIATION

We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

NO WARRANTIES

You agree that your use of the Website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website or Services will meet your needs or that the Website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you through your computer system or because of the loss of your data from your use of the Website or Services is your sole responsibility and that we are not liable for any such damage or loss.

LIMITATION ON LIABILITY

We are not liable for any damages that may occur to you because of your use of the Website or Services to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

GOVERNING LAW AND JURISDICTION

This website originates from the United States. The laws of the United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

SEVERABILITY

If any provision of these Terms and conditions is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

CONTACTING US

If you would like to contact us to understand more about terms or wish to contact us concerning any matter, you may do so via the contact us or email us at admin@lingtungacupuncture.com.au.

Membership Terms & Conditions

It’s a condition of enrolment that members are aware of and agree to abide by the Kung Fu Southside terms and conditions. We also expect Junior students, and their parents on their behalf, to read and understand these terms and conditions.

LIABILITY

All members and their guests use Kung Fu Southside facilities at their own risk. Kung Fu Southside cannot accept responsibility for damage or injury through the use of any facility. The practise of martial arts is a “dangerous recreational activity” as that phrase is defined in Section 18 of the Civil Liability Act 2003. Furthermore, Kung Fu Southside is not responsible for any lost or stolen items, or damage to property or vehicles.

Damage to Kung Fu Southside property must be paid for by any member who wilfully or negligently causes such damage. Members are responsible for damage caused by their guests or children.

MEMBERSHIP TERMS & CONDITIONS

Kung Fu Southside obligates itself to furnish members with competent instruction and suitable facilities for teaching lessons. Qualified personnel trained in the full procedures and traditions of the martial arts supervise all classes.

Members must have received advice from a qualified medical practitioner to the effect they are physically fit to receive and participate in the prescribed martial arts lessons.

Tuition fees are to be pre-paid in weekly, fortnightly or monthly instalments or as arranged with Kung Fu Southside, and is not affected by a lesson schedule and/or attendance.

If members wish to discontinue training with Kung Fu Southside, they will not be eligible for a refund of pre-paid tuition fees. Members must also notify Kung Fu Southside in writing and annual membership contracts are current for the duration that members join. Members can, however, sell the remaining time of annual memberships to a third person/party.

Members will faithfully comply with all the rules and regulations of Kung Fu Southside and the traditions of the martial arts. Members further understand that failure to complete the lessons does not relieve them of any obligation to pay the tuition in full.

Members agree to receive and participate and Kung Fu Southside agrees to teach martial arts lessons so long as members are financial members of Kung Fu Southside.

Members agree to be solely dedicated, to the discipline taught at Kung Fu Southside, (training at any other school is not permitted without permission) and to train diligently & respectfully while training at Kung Fu Southside.

ENROLMENT AGREEMENT

If member applications are accepted then in consideration of Kung Fu Southside agreeing to give or giving me instruction and/or accepting or agreeing to accept payment for instruction, I hereby agree and undertake that:

  • Members will not use or teach any of the Written or Intellectual Property of Kung Fu Southside or David Richardson, furthermore, they understand that written permission must be obtained for such action.
  • Members understand that a breach against the above mentioned paragraph may result in termination of their membership and further legal action against them by Kung Fu Southside.
  • Members agree that should they breach condition #1 of this enrolment /agreement application form and have their membership terminated, they will not be permitted to teach or instruct students in self-defence or martial arts, in particular Wing Chun Kung Fu, Chi Gung or any martial arts which includes any part of the Wing Chun System, for a period of 5 years, from the commencement of my membership termination date.
  • Members agree that upon their membership being terminated, they will not be permitted to instruct at any premises for the purpose of the instruction of martial arts or self-defence, within a radius of 100km from the Kung Fu Southside Headquarters or its affiliated schools, for a period of 5 years, commencing on the membership termination date.
    Members covenant personally and for their heirs, administrators and executors not to hold Kung Fu Southside responsible for nor take or make any action, suit, claim, demand, cost or expense of any description what so ever including instructors, students, shareholders or directors and hereby release and forever discharge and agree to indemnify and keep indemnified Kung Fu Southside.
  • Members will obey and abide by all rules, regulations, orders and/or decisions of Kung Fu Southside, its servants, agents, executives and students/instructors.
    Members are liable for the full amount of any contract.
  • Membership can be terminated at any time and any termination must be in writing.

If you have a query or concern about membership suspensions or terminations, contact the Sifu on 0488 020 604 or sifu@kungfusouthisde.com.au

Membership Cancellation

Members may cancel this contract without any penalty or further obligation within three (3) days from the date of this agreement and receive a full refund on enrolment payment. Notice of cancellation shall be in writing and emailed to Kung Fu Southside.

After three (3) days has expired from signing the application to join, members will be liable for the full amount of their annual membership & tuition fees for the duration of the contract. No refund will be provided after such time, however annual membership may be transferred to a third person/party.
COVID clause: In the event that physical classes cannot be conducted at the club, we will continue learning via online classes. This is deemed to be classified as still providing training services and fees will continue as normal unless otherwise arranged.

Terms & Conditions Changes

Terms and conditions are subject to change without notice and are posted on this page.

New conditions are effective immediately from the date of change.

Change of Address

We ask that members notify us of a change of mailing address, email address or telephone numbers as soon as possible. It’s essential that you keep this information up-to-date so that we can contact you if necessary or in an emergency. Your email address is also used to tell you about news and events.

TRAINING AND FACILITIES

Progress and Concerns
Members can discuss their progress or concerns with our instructors or staff at any time.

Class Attendance

Always call us if you can’t attend class, so we can help you catch up. It’s vital to catch up on syllabus work.

Facility Availability

All students can cross-train at the Kung Fu Southside Centre during open hours, as long as they do not interrupt ongoing classes.

Children required to wait for parents should be of the understanding they are to wait in the foyer. For any undue delay in picking up your child, please call the club on 0488 020 604 to alleviate any worry.

Kungfu Southside is not a babysitting facility. Siblings and other children need to be supervised by an adult whilst at the club.

Parents must be of the understanding that Kungfu Southside will accept no responsibility for supervision of children outside their designated training times.

Reception Procedures

For safety and security reasons, members are not permitted to enter the area behind the reception desk. If members require assistance or would like to make a purchase, they should notify one of the staff members on duty.

Kung Fu Southside asks that shoes, bags and clothes be left in the change area to not clutter up the reception area.

Do not leave valuables in the change area. Members should take these items with them onto the training area.

Kung Fu Southside does collect and hold lost property. It is held for one month, and then donated to a local charity.

CODE OF CONDUCT

We believe members should always act in ways that acknowledge pride in Kung Fu Southside and themselves. Kung Fu Southside members are expected to always use common sense and are regarded as being under the centre’s discipline when on the premises or at Kung Fu Southside functions.

  • Be ethical, fair and honest in all their dealings with other people and Kung Fu Southside
  • To maintain a comfortable atmosphere in the centre, and to allow members to train in a positive environment, we ask that members exhibit disciplined and responsible conduct
  • Kung Fu Southside retains the right to discipline, suspend or dismiss any member from its centre, on the grounds of unsatisfactory conduct or performance of the member or the member’s parent, or failure to observe any of our rules
  • Take pride in your uniform by wearing it neatly and appropriately
  • Always use common courtesy, good judgement and general good manners, which includes responding kindly and politely to the words and actions of other people
  • Be considerate and respectful of others, which includes considering the volume of your voice, swearing and offensive language
    Consider your own safety as well as the safety of others. Be careful where you place your possessions
  • Always place the safety and welfare of children above other considerations
  • Comply with all relevant Australian laws (Federal and State), particularly anti-discrimination and child protection laws
  • Do not chew gum or eat
  • Do not park too close or across doorways. It is important that we show consideration to our neighbours
  • Do not allow children to stand on the furniture
  • No animals are permitted in the club
  • Do not allow children to play in the change rooms

PARENT &/or GUARDIAN CODE of CONDUCT

As a parent or guardian of a student or participant at Kungfu Southside, or at any activity or event in which Kungfu Southside is represented, you must meet the following requirements regarding your conduct.

  • Respect the rights, dignity and worth of others
  • Remember that your child participates in sport for their own enjoyment, not yours
  • Focus on your child’s efforts and performance, rather than winning or losing
  • Never ridicule or yell at your child or other children for making mistakes or losing a competition
  • Show appreciation for good performances and skilful plays by all participants (including opposing competitors)
  • Demonstrate a high degree of individual responsibility especially when dealing with or in the vicinity of persons under 18 years of age, as your words and actions are an example
  • Respect official’s decisions and teach your children to do likewise
  • Do not physically or verbally abuse or harass anyone associated with the school (student, coach, administrators, and so forth)
  • Respect the rights, dignity and worth of every young person regardless of their gender, ability, cultural background or religion
  • Be a positive role model
  • Understand that the repercussions of breaching this code of behaviour may be suspension or removal from Kungfu Southside
  • Follow the Kungfu Southside Code of Conduct

Grooming and Personal Hygiene

Wing Chun is a close contact sport. We ask that members maintain high standards of personal hygiene and keep their fingernails and toenails clean and trimmed.

Photography

Kung Fu Southside staff may take photographs of students at times, in class or at events, which may be used on our website or social media sites.

Tell us if you don’t want your photograph taken or published.

Training Rules and Guidelines

Kung Fu Southside is committed to providing positive and dynamic martial arts training facilities. To do so, some guidelines need to be followed for the benefit of all members and for the constant and never-ending improvement of the training centre. We want you to train effectively and realise your goals.

  • Members are asked to not infringe on the rights of others, nor bring discredit through their actions on themselves or Kung Fu Southside
  • Adherence to our rules and guidelines will help us to run more efficiently and let us serve you better
  • Work on your fitness with meaning 24/7
  • Bow on entering and leaving the training hall
  • Bow to instructors as a Wing Chun courtesy
  • Always wear the proper uniform
  • For safety reasons, wear no jewellery in class
  • No chewing gum is allowed
  • Use only your own water bottle
  • Use your own training gear in contact sparrings such as mouthguard, groin guard, arm and shin guards, chest protector and head guard
  • No food is allowed in the training hall
  • Members taking medication (e.g. asthma inhaler) should it at all times and tell their instructor
  • Member allergies must be indicated on event forms
  • Kung Fu Southside has anaphylactic plans in place – always fill in appropriate forms requesting allergy information
  • Abusive language or misconduct is not tolerated
  • A high standard of personal discipline is expected
  • Warming up before training and cooling down after training is essential to prevent injuries
  • Tell your instructor in advance if you need to leave early
  • Kung Fu Southside is smoke free inside and around the perimeters of centres
  • Spectators can enter the main training hall by instructors’ invitation only

WAIVER

Members, their parents or legal guardians realise that sometimes injuries may occur while doing martial arts and sports due to accidents. They will not hold Kung Fu Southside, its instructors or event organisers and helpers responsible for any injuries that may occur and agree to Kung Fu Southside staff seeking medical help or administering first aid in the case of injury as deemed appropriate. Costs associated with the injury will be the responsibility of the member, parent or legal guardian.

NOTICE OF CONSUMER’S RIGHTS

  • Members have the right to cancel contracts three (3) business days after receipt of a copy of the contract. Cancellation must be in writing, and delivered in Person or by certified or registered mail to Kung Fu Southside. Members are entitled to a full refund if cancellation is received within three (3) business days.
  • If members become disabled for at least three (3) months during the membership terms and that disability is confirmed in writing by a physician, members have a right to an extension and/or termination of the contract.
  • If for no other reason members wish to stop training, a notice confirming their intention to terminate the agreement must be given in writing before the contract will be deemed terminated. Alternatively, annual membership may be transferred to another person.
  • If the organization is closed for a month or more, members are entitled to their choice of either an extension of the contract or pro-rata refund, except if the closing is not the fault of the facility, in which case the choice of remedy is the Organisations.
  • This notice of consumer’s rights is an integral part of the Application and Contract for Membership.

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