Terms and Conditions
Terms of Use
The following terms and conditions (these “Terms of Use” or “Terms”), govern your access to and use of the website, including any content, functionality and services offered on or through https://www.pdsathletics.com/ (the “Site”), by PDS PDS Athletics LLC (the “PDS ATHLETICS” “PDS Athletics” “we” “us”).
Please read the Terms of Use carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found [please insert the link to your Privacy Policy here], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
By using our Services you agree that you are over the age of eighteen (18) years who can form legally binding contracts under applicable law, and who properly create a valid account as explained below. By using our Services you agree that we reserve the right to suspend your account or stop providing our Services to at our discretion.
Acceptance of Terms; Binding Contract
The Terms constitute a binding agreement between PDS ATHLETICS and you (“Client” “you” “your”). The Terms apply to all services and products (each a “Service” and collectively “Services”), made available by PDS ATHLETICS to Client. PDS ATHLETICS’s acceptance of any Booking is expressly conditioned upon Client’s assent to this Agreement. By accepting the terms of this Agreement, electronically or in writing, or by otherwise using the Service or the Services, including, but not limited to, the submission of materials, information and/or content to PDS ATHLETICS for PDS ATHLETICS’s performance or rending of Services, or making payment and/or authorizing payment to PDS ATHLETICS, Client agrees to be bound by the Terms set forth in this Agreement. Client also agrees that Client’s electronic acceptance of this Agreement shall have the same force and effect as if Client had agreed to the Terms set forth in this Agreement in writing. No terms or conditions set forth in Client’s Booking, to which notice of objection is hereby given, or in any further correspondence between Client and PDS ATHLETICS, shall alter or supplement this Agreement unless both PDS ATHLETICS and Client have expressly agreed in writing to modify this Agreement. Neither PDS ATHLETICS’s commencement of performance nor completion of Services shall be deemed or construed as acceptance of Client’s additional or different terms and conditions. PDS ATHLETICS reserves the right to reject any Booking or to cancel any Booking previously accepted if PDS ATHLETICS determines that Client is in breach of any term or condition set forth in this Agreement.
PDS ATHLETICS provides its services to Client subject to this Agreement and the Pricing Plans, which may be updated from time to time without notice. By using PDS ATHLETICS’s Service or Services, Client agrees to (and hereby signs) the most current version of the Terms. If Client does not expressly reject the Terms at the point of sale, Client agrees to (and hereby signs) the Terms and PDS ATHLETICS is instructed to commence work on Client’s advertisement as if Client had expressly accepted the Terms. If Client expressly rejects the Terms set forth in this Agreement at the point of sale, PDS ATHLETICS has no obligation to enter into a Client Agreement or Booking, and may refuse to enter into a Client Agreement or Booking.
TRANSPORTATION RELEASE AND WAIVER OF LIABILITY
By signing up for the Star Basketball PDS Athletics under the Shooting Star Sports Services LLC license, I acknowledge that my child may be transported to and from various events and activities related to their participation in the PDS Athletics’s basket program. I agree to release the PDS Athletics, its coaches, employees, agents, and affiliates from any and all liability for any injuries, damages, losses, or other harm that may occur before, during, or after the bus trip.
I understand and agree that my child’s use of the transportation provided by the PDS Athletics is entirely at my own risk. PDS Athletics will not be responsible for any damage or accident that may occur before, during, or after the bus trip.
I agree to indemnify and hold harmless PDS Athletics, its coaches, employees, agents, and affiliates from any claims, damages, or expenses that may arise as a result of my child’s use of the transportation provided by the PDS Athletics.
By participating in the basketball tournament, parents and guardians at this moment acknowledge and agree to the following terms regarding the capture of photos and videos of their children:
-
Consent for Photography and Videography:
-
Parents and guardians grant permission for the training, tournament organizers, fellow parents, and spectators to capture photographs and videos of their children during the tournament.
-
-
Intended Use of Media:
-
The captured media may be used for promotional and informational purposes related to the tournament, including but not limited to social media, official websites, and marketing materials.
-
-
Release of Liability:
-
Parents and guardians release the tournament organizers, their representatives, and any third parties involved in organizing the event from any liability arising from the use or distribution of the captured photographs and videos.
-
-
Respecting Privacy Wishes:
-
Parents who do not wish to have their child photographed or videotaped during the training or tournament are responsible for notifying the organizers and making appropriate arrangements.
-
-
Non-Participation of Non-Consenting Parents:
-
Parents who do not agree with the photography and videography policy should refrain from participating in the tournament, and their children should not be registered for the event.
-
-
Notification Responsibility:
-
Parents who disagree with the photography and videography policy must communicate their objections to the tournament organizers in writing before the event.
-
-
Enforcement of Policy:
-
Tournament organizers reserve the right to enforce this policy and may take appropriate action, including restricting access to specific areas or disqualification from the tournament for non-compliance.
-
-
Assumption of Risk:
-
Parents and guardians understand and acknowledge that despite reasonable efforts to respect privacy wishes, capturing media during a public event may be incidental, and they assume any associated risks.
-
Parents and guardians affirm that they have read, understood, and agreed to the terms outlined in this liability disclaimer by participating in the basketball tournament or training sessions. Failure to comply with these terms may result in withdrawing participation from the tournament without a refund.
Enrollment
Enrollment will be completed once the following have been submitted online:
-
Completed registration form that includes agreeing to the acceptance of the terms and conditions.
-
Payment of a registration fee using the registration form.
-
Payment for the relevant term/season using the form online.
Admission to particular sessions will be subject to the availability places at the requested training location.
Purchases
Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.
If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
The cardholder must retain a copy of transaction records and Merchant policies and rules.
We accept payments online using Visa and Master Card credit/debit card in AED.
Refusal of Service
The Service is offered subject to our acceptance of your Booking or request for Service. We reserve the right to refuse service to any Booking, person or entity, without any obligation to explain our reason for doing so. A Booking is not deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. If we choose to refuse your Booking after payment has been processed, we will not refund your money.
Cancellations & Refunds
No cancellation is allowed by the PDS ATHLETICS unless the entire course is cancelled by the PDS ATHLETICS, hence no refund will be issued incase of cancellation.
Make-up Sessions
In order for us to maintain high standards of coaching across all of our venues, we have to follow a very strict attendance policy, which also includes make-up sessions.
Unlike many other academies, we do offer your child an opportunity to make up a missed class, under the following terms and conditions:
-
Make-up class should not pass the due date of the current invoice
-
If you will be absent you must notify us before 12 midday of the training session day
-
In case of illness, a medical certificate must be provided and the PDS Athletics needs to be informed
-
In case of travelling a copy of the plane ticket must be sent to admin so we can freeze your account.
-
If possible, we will allow you to attend another training session in the same week
-
The decision to replace your missed session is at the discretion of the PDS Athletics
-
Bank charge of 3% will be deducted for approved refunds at discretion of the PDS Athletics if payments were made by credit card.
General Terms
PDS ATHLETICS has the authority to place players in the correct age category and/or skill category as decided by the PDS Athletics coaches.
If a player needs to relocate from one venue to another needs to be discussed with the manager. If a place is available at the other venue the request may be accommodated at the discretion of the manager of the PDS Athletics. This however cannot be guaranteed.
PDS ATHLETICS has the right to change the dates of a term schedule, cancel a course or change a venue that may be necessary for any reason.
The training sessions are closed sessions that only admit the players, the player’s family/guardians or identified friends. It is strictly prohibited that no video recording, pictures or photography is permitted during the training sessions.
The PDS ATHLETICS materials, resources and courses are property of Shooting Star Sports Services LLC and are not to be distributed or disclosed for commercial purposes.
All training sessions and games will be conducted in English.
I also give my consent for my child/children to be included in photographs that may be used for promotional purposes on flyers, newsletters and on the Site.
Third Party Websites
There are third party links provided for your convenience on the Site. These websites are provided mainly for your assistance. You understand and agree that we are not accountable or liable for the availability, accuracy, content or policies of third party website or resources. Unless otherwise indicated by us, links to such website or resources do not imply any endorsement by or affiliation with PDS ATHLETICS. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
We review our Site periodically for broken and out-of-date links and we have the right to revise, remove or post links at any time. However, situations which are not controlled by us include links to external websites. These third party links may expire over time. If you would like to report problems with links on our Site, please send an email to [Email].
Modification or Changes
We are continually changing and improving the Site. We reserve the right in our sole discretion to modify it, to add or remove features or functionalities or to suspend or terminate any part or all of the Site with or without notice to you. We may also modify or amend these Terms or incorporated documents to reflect changes in the law, changes to the Site, Fees or any other aspect of the relationship between PDS ATHLETICS and You. You should look at the Terms regularly.
If we make changes to these Terms, or any other document incorporated by reference here, we will post the changes to the Terms of Use pages of our Platform, send you a messageor otherwise attempt to notify you. Amendments are effective no sooner than thirty (30) days after we post them on the Site for existing users and immediately for all the new users joining and accepting the terms after and on the day these are amendments are posted, unless we notify You otherwise. If You do not agree to the Terms, including as changed or modified, We will be sorry to see you go, but Your only recourse is to stop using or accessing the Site.
Website Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content created wholly by You or third parties and that is not created in whole or part by Us (“User Content”), which may include but is not limited to profile information, information about Items or relationships and similar content. By making available User Content to Us, You grant to PDS ATHLETICS an irrevocable worldwide, perpetual, non-exclusive, transferable, royalty-free and fully paid up license, with the right to sublicense, use, copy, adapt, modify, distribute, license, sell, perform, transfer, display, publicly perform, stream broadcast, access, view and otherwise exploit (by means now known or to be developed in the future) the User Content on the Site and for any other purpose in our sole discretion, except that private messaging through the Site will not be used by PDS ATHLETICS in public advertising. The license granted by You to PDS ATHLETICS will survive termination of these Terms and shall survive termination of the Site, if any, or termination of Your Account. PDS ATHLETICS does not claim any ownership interest or rights in Your User Content and nothing in these Terms shall be deemed to restrict rights You may have in Your User Content. You acknowledge and agree that PDS ATHLETICS has no role in the creation, either in whole or in part, of User Content you provide to PDS ATHLETICS or to the Site and that You alone are solely responsible for all User Content that You make available, including without limitation Requests, Offers and Acceptances, and the information that may be contained therein. You thus represent, warrant and agree that (i) you either own or have all necessary rights, licenses, consent and releases necessary to grant PDS ATHLETICS the rights in User Content under these Terms; (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of User Content or PDS ATHLETICS’s use of Your User Content (in whole or part infringes, misappropriates or violates any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property or proprietary rights or result in violation of any applicable law, rules, regulation or court order. You acknowledge and agree that PDS ATHLETICS may exercise any traditional editorial function as to User Content including but not limited to proofreading, editing, summarizing, digesting or other editing without becoming the author of such content, and that it remains Your sole responsibility to monitor your User Content and to guarantee that any such edited User Content is accurate and consistent with your representations, warranties and agreements in these Terms.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Site or to User Content that We consider to be a violation of these Terms, PDS ATHLETICS policies and procedures, We consider harmful to the Site, to PDS ATHLETICS or to any other Member or third party or which We consider to be otherwise objectionable or for any other reason.
Intellectual Property
You acknowledge and agree that all content, design elements, and materials available on this Services are protected by copyrights, trademarks, Services marks, patents, trade secrets, or other proprietary rights. No materials from this Service may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or for any means without our prior written permission. Furthermore, you agree to not to sell, license, rent, or create derivative works from such materials or content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us is strictly prohibited. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the Services may violate copyright, or trademark.
Except as provided below, PDS ATHLETICS and its affiliates and licensors retain all right, title and interest in and to the Services, excluding your User Content. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit the PDS ATHLETICS’s intellectual property in whole or in party, except as expressly permitted in these Terms of Use or with the prior written consent of PDS ATHLETICS. You agree to use the Services only in accordance with these Terms of Use. You agree not to disassemble, decompile or reverse-engineer any software or other component of the PDS ATHLETICS application.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON “AS IS”BASIS.
IN PARTICULAR, PDS ATHLETICS DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, INCLUDING SPECIFICALLY FROM SERVER DOWNTIME, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PDS ATHLETICS OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY STATED IN THE TERMS.
PDS ATHLETICS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN CLAUSES ABOVE, USER EXPRESSLY UNDERSTANDS AND AGREES THAT PDS ATHLETICS PROVIDES THE SERVICES ON “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR OTHERWISE IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE INFORMATION, CONTENT, SERVICES OR OTHER MATERIALS MADE AVAILABLE USING THE SERVICES OR AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES. PDS ATHLETICSAND ITS AFFILIATES, AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
YOU ACCEPT ALL RESPONSIBILITY FOR THE INFORMATION, CONTENT AND OTHER MATERIALS YOU POST OR OTHERWISE COMMUNICATE USING THE SERVICES. PDS ATHLETICS SHALL HAVE NO LIABILITY FOR THE ACCURACY OR CONTENT OF THE INFORMATION CONTAINED IN OR FOR DELAYS OR OMISSIONS THEREIN. NOR SHALL PDS ATHLETICS ITS AFFILIATES AND EACH OF THEIR DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF PDS ATHLETICS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
PDS ATHLETICS is not obligated to investigate, monitor, mediate or resolve any dispute you may have with another user of the Services, although we may undertake such action in our own discretion. In the event of a dispute with another User of the Services, you agree (a) to indemnify us from any liability and (b) that we will not be liable, for any type of damages or for any type of claim or demand arising out of or related to any dispute you may have with any other User of the Services.
Miscellaneous
These Terms constitute the legal agreement between You and PDS ATHLETICS and govern Your use of the offering, but without prejudice to any additional Terms which may be part of an agreement specific to the Services You wish to avail of (but excluding any offering which PDS ATHLETICS may provide to you under a separate written agreement), and completely replace any prior agreements between You and PDS ATHLETICS in relation to the offering.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
You agree that if a dispute arises between You and PDS ATHLETICS, We will seek to resolve the dispute as quickly as commercially reasonable. Before resorting to legal proceedings, You must first contact us directly and work with us to resolve the dispute. If a dispute cannot be resolved, such dispute will be referred to binding mediation between the parties, and the decision of the mediation shall be final and binding to both the parties. In the event that the mediation fails to yield a result, the parties shall compulsorily refer the dispute to arbitration, with the arbitral panel consisting of three arbitrators; one arbitrator is chosen by each party and the third being jointly appointed by the two chosen arbitrators.
These Terms of Use are governed by and construed in accordance with the laws of UAE, excluding conflict of interest. You agree to submit to the personal jurisdiction of the courts of Dubai for any cause of action arising out of or relating to the Services, or these Terms of Use.
PDS ATHLETICS may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice.