TripleSwish™ Terms and Conditions
TripleSwish™ is a trademark of kingofthecourt.org. TripleSwish™, kingofthecourt.org and all associated trademarks, websites and intellectual property are wholly owned by Bill Lang International Pty Ltd (ABN: 62 107 721 933) (“Bill Lang International”, “we”, “us”, or “our”). Some visitors may upload videos, photos and other content to the TripleSwish™ website as part of trade promotions or similar initiatives. Upon upload, you irrevocably assign all rights, title and interest in such content to Bill Lang International, and subsequent use of that content is at the sole discretion of TripleSwish™ and Bill Lang International.
1.1. Welcome to tripleswish.org (and any related domains or subdomains) and www.kingofthecourt.org (the “Website”). The Website provides an opportunity to browse free content and, where relevant, access free resources. The Website may also provide purchased services, tiers of membership, products, event entries, competition registrations, promotional initiatives, and other offerings (collectively, the “Products” or “Services”). Access to these offerings is provided by way of granting you access to the Website and related services (the “Purchase Services”).
1.2. The Website is operated by Bill Lang International Pty Ltd (ABN: 62 107 721 933) (“the Organisation”). Access to and use of the Website, or any associated Products or Services, is provided by the Organisation.
Please read these terms and conditions (the “Terms”) carefully. By using, browsing and/or reading the Website, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any Services, immediately.
1.3. The Organisation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When the Terms are updated, the Organisation will use reasonable endeavours to notify you. Any changes take immediate effect from the time of publication.
Before you continue, it is recommended you keep a copy of the Terms for your records.
1.4. The information on this Website is for general information only and does not constitute professional advice.
1.5. Any coaching, mentoring, guidance, tips or insights provided via the Website or purchased Services are general in nature and designed to help you understand potential actions you can take.
1.6. The Organisation is not a financial, accounting, legal, marketing or information technology professional services organisation. Seek independent professional advice (including legal, financial, taxation, technology, marketing or business strategy advice) to confirm how information or guidance relates to your specific circumstances.
1.7. The Organisation is not liable for any loss caused, whether due to negligence or otherwise, arising from the use of or reliance on information provided directly or indirectly via the Website or arising from the purchase or use of any Products or Services.
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available in the user interface.
3.1. To access certain Purchase Services, you may be required to register as a user. As part of registration or continued use, you may need to provide personal information (e.g., name, address, business information, email, telephone, electronic messaging and other relevant details).
3.2. You warrant that any information you provide is accurate, correct and up to date.
3.3. Upon completion of registration, you will become a registered member (“Member”) and agree to be bound by the Terms. As a Member, you will be granted access to Purchase Services applicable to the tier or product you have selected.
3.4. You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract; or
(b) you are barred from receiving the Purchase Services under Australian law or the laws of any country in which you are resident or from which you use the Purchase Services.
4.1. As a Member or Customer, you agree to:
(a) use the Purchase Services only for purposes permitted by the Terms and applicable laws;
(b) maintain the confidentiality of your password and/or login; unauthorised use may result in immediate cancellation of the Purchase Services;
(c) immediately notify the Organisation of any unauthorised use of your account or security breaches;
(d) acknowledge that access is limited, non-transferable, and solely for your use in connection with the Purchase Services;
(e) not use the Website or Purchase Services for illegal or unauthorised purposes, including scraping, spamming, or unauthorised linking or framing;
(f) accept that commercial advertisements, affiliate links and solicitations may be removed without notice and may result in termination; and
(g) not use bots, scrapers or any automated means to access the Website or Purchase Services.
5.1. When using the Purchase Services to acquire a membership, event entry, competition registration, merchandise, or other offerings, you agree to pay the listed price (the “Purchase Price”).
5.2. Where coaching services, digital services, or other service-based offerings are made available, you agree to pay the Purchase Price listed for the selected service.
5.3. From time to time, special offers, limited promotions, trade promotions, competition entries, or event-related offers may be available for a limited time. Such offers may be non-refundable unless otherwise required by law or unless expressly stated in the offer terms. Some offers may require collection of additional information (e.g., team details, logos, consent forms, or content submission) via online forms at the time of purchase or registration and may be subject to specific time limitations as described on the Website.
5.4. Payment may be processed via our payment gateway provider(s) (e.g., Stripe) (each a “Payment Gateway Provider”). By using the Purchase Services, you confirm you have read and agree to the applicable Payment Gateway Provider terms, privacy policy and other legal documentation.
5.5. Upon confirmation of payment, you will receive a receipt and the Organisation may record your purchase details for fulfilment and customer service.
5.6. Discount partners, sponsor benefits, affiliated offers and similar may change over time at the sole discretion of the Organisation.
5.7. The Organisation may make partner offers available to Members or customers. These offers and participating partners may vary during your membership or promotional period.
6.1. Merchandise Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if they fail to be of acceptable quality and the failure is not a major failure (the “Warranty”).
6.2. You may make a claim for material defects and workmanship within 30 days from the date of purchase (the “Warranty Period”).
6.3. To make a Warranty claim, provide proof of purchase, product description and price paid, and written notice to Bill Lang International Pty Ltd at Suite 13/397 Smith Street, Fitzroy, Victoria, 3065 or by email at kingofthecourt.melb@gmail.com (or the contact email listed on the Website at the time of your claim).
6.4. Where accepted, the Organisation may repair or replace defective merchandise during the Warranty Period at no charge for parts or labour. You are responsible for postage or shipping costs to facilitate the Warranty claim.
6.5. The Warranty is the sole and exclusive warranty provided by the Organisation in addition to non‑excludable rights under law.
6.6. All implied warranties (including merchantability and fitness for purpose) are limited to the Warranty Period to the extent permitted by law.
6.7. The Warranty does not apply to cosmetic issues, misuse, abnormal service or handling, alterations or modifications.
6.8. Warranty provisions in Clauses 6.1 to 6.7 do not apply to any products or services purchased directly from third-party partners or providers.
7.1. The Website, Purchase Services and all related products and materials are subject to copyright and other intellectual property rights. Unless otherwise indicated, all rights (including copyright) in content and compilation of the Website (including text, graphics, logos, button icons, video, images, audio clips and software) (the “Content”) are owned or controlled by the Organisation or its contributors.
7.2. The Organisation retains all rights, title and interest in and to the Website and all related content. Nothing on the Website transfers to you:
(a) any business name, trading name, domain name, trademark, industrial design, patent or registered design;
(b) any right to use or exploit a business name, trading name, domain name, trademark or industrial design; or
(c) any system or process that is the subject of a patent, registered design or copyright.
7.3. You may not, without prior written permission from the Organisation and relevant rights holders, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change the Content or third-party content for any purpose, except for materials that are freely available for reuse or are in the public domain.
7.4. The Organisation may provide a limited licence to use logos, trademarks or promotional collateral associated with TripleSwish™, kingofthecourt.org, and/or campaigns that may be run from time to time by the Organisation. Any such licence is at the sole discretion of the Organisation and subject to written terms.
7.5. The limited licence in clause 7.4 may be revoked at any time by notice on the Website, via your registered email address, or more formal means.
7.6. User uploads: From time to time, visitors may upload videos, photos, audio, text, data and other materials to the Website (collectively, “User Content”) as part of trade promotions, competitions, showcases, event participation, or similar initiatives. By submitting or uploading any User Content, you:
(a) irrevocably assign and transfer to Bill Lang International all rights, title and interest (including all present and future intellectual property rights) in the User Content, worldwide, for the maximum period permitted by law;
(b) warrant you have full authority and all necessary rights and consents to make the assignment in 7.6(a) free from encumbrances and third-party claims;
(c) agree that the Organisation may use, reproduce, publish, adapt, modify, communicate, commercialise, distribute, create derivative works from, publicly perform and display the User Content, in any media and for any purpose, at the sole discretion of the Organisation, without attribution or payment to you or any third party;
(d) consent to the Organisation (and its licensees) performing any acts in respect of the User Content that may otherwise infringe your moral rights (including to attribute or not attribute authorship, to adapt or modify, and to deal with the User Content without further approval); and
(e) acknowledge that once uploaded, the User Content becomes the intellectual property of TripleSwish™ and its parent company Bill Lang International, and subsequent use of such material is at their sole discretion.
7.7. Prohibited content: You must not upload User Content that is illegal, defamatory, obscene, offensive, invasive of privacy, infringes any third-party rights (including copyright, trade mark, privacy, publicity, or confidentiality), or otherwise breaches these Terms or applicable laws. The Organisation may remove any User Content at its sole discretion.
The Organisation takes your privacy seriously. Any information provided through your use of the Website and/or the Purchase Services is subject to the Organisation’s Privacy Policy, available on the Website.
9.1. The Organisation does not make any terms, guarantees, warranties, representations or conditions regarding the Products or Services other than as expressly set out in these Terms.
9.2. While reasonable efforts are made to ensure accuracy, you acknowledge that depictions, specifications, sizes, colours, packaging and content may differ from what appears on the Website.
9.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law (including under the Australian Consumer Law) which cannot be limited or excluded.
9.4. Subject to clause 9.3 and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded; and
(b) the Organisation is not liable for any special, indirect or consequential loss or damage (unless reasonably foreseeable from failure to meet a Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms, whether at common law, under contract, tort (including negligence), in equity, statute or otherwise.
9.5. Use of the Website, the Purchase Services and any Products is at your own risk. Everything on the Website is provided on an “as is” and “as available” basis, without warranty or condition of any kind. Without limitation, the Organisation and its affiliates, directors, officers, employees, agents, contributors, third‑party content providers and licensors are not responsible for:
(a) failure of performance, errors, omissions, interruptions, defects, delays, viruses or other harmful components, loss of data, communication failures, unlawful third-party conduct, or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website or in related content or advertisements;
(c) costs incurred as a result of using the Website, Purchase Services or Products;
(d) third‑party links provided for convenience;
(e) any failure to complete a transaction, or any loss arising from e‑commerce on the Website; or
(f) defamatory, threatening, offensive or unlawful conduct of third parties or publication of materials relating to such conduct.
10.1. The Organisation’s total liability arising out of or in connection with the Purchase Services or these Terms will not exceed the most recent Purchase Price paid by you under these Terms, or where no Purchase Price has been paid, the resupply of information or Purchase Services to you.
10.2. To the fullest extent permitted by law, the Organisation, its affiliates, employees, agents, contributors, third‑party content providers and licensors are not liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including loss of profit, goodwill, reputation or other intangible loss.
10.3. The Organisation is not responsible or liable in any manner for any content (including third-party content or User Content) posted on the Website or in connection with the Purchase Services, whether posted by users, third parties, or through any Services offered.
11.1. These Terms continue to apply until terminated by you or the Organisation as set out below.
11.2. You may terminate by notifying the Organisation and closing your accounts for all Purchase Services where that option is available. Notice should be sent via the “Contact” method provided on the Website.
11.3. The Organisation may terminate at any time if:
(a) you have breached or intend to breach any provision of the Terms;
(b) required by law;
(c) a partner with whom the Organisation offered the Purchase Services has terminated its relationship or ceased to offer services;
(d) the Organisation is transitioning to no longer provide the Purchase Services in your jurisdiction; or
(e) in the Organisation’s opinion, provision of the Purchase Services is no longer commercially viable.
11.4. Subject to applicable laws, the Organisation may discontinue or cancel your membership at any time and may suspend or deny access to all or part of the Website or Purchase Services without notice if you breach the Terms or applicable law, or if your conduct impacts the Organisation’s name or reputation or violates others’ rights.
11.5. Upon termination, rights, obligations and liabilities that accrued or are expressed to continue will survive, including those intended to continue indefinitely.
12.1. You agree to indemnify the Organisation, its affiliates, partners, employees, agents, contributors, third‑party content providers and licensors against all actions, claims, demands, liabilities, costs, expenses, loss and damage (including full indemnity legal costs) arising out of or in connection with:
(a) any content you post or upload (including User Content);
(b) your access to, use of, or transactions on the Website, and any breach by you or your agents of these Terms; and/or
(c) any breach of applicable laws.
13.1. Compulsory: If a dispute arises out of or relates to these Terms, neither party may commence proceedings unless the following process is complied with (except where urgent interlocutory relief is sought).
13.2. Notice: A party claiming a dispute (“Dispute”) must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle it.
13.3. Resolution: On receipt of the notice, the parties must:
(a) within 60 days endeavour in good faith to resolve the Dispute by negotiation or other agreed means;
(b) if unresolved after 30 days, agree on a mediator or request appointment by the President of the Victorian Bar (or nominee);
(c) share equally the mediator’s fees and reasonable venue costs; each party bears its own costs; and
(d) hold the mediation in Melbourne, Victoria, Australia.
13.4. Confidential: All communications concerning negotiations arising out of or in connection with this clause are confidential and treated as “without prejudice” to the extent permitted by law.
13.5. Termination of Mediation: If 7 days have elapsed after the start of mediation and the Dispute is not resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
The Purchase Services are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, the exclusive venue for resolving any dispute shall be the courts of Victoria, Australia.
These Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim arising out of or relating to these Terms shall be governed, interpreted and construed under the laws of Victoria, without reference to conflict of law principles. These Terms bind and benefit the parties and their successors and assigns.
Both parties confirm that the provisions of the Terms are fair and reasonable and that each party has had the opportunity to obtain independent legal advice. The Terms are not against public policy on grounds of inequality, bargaining power or restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the remainder shall continue in force.
You agree to these Terms and conditions and any warranties contained herein by continuing to use the Website and/or by clicking “Agree” in the Website user interface where presented.