TERMS OF USE
These terms of use are made up of two parts. Part A (Website Terms) applies to everyone who uses our website, apps and streaming platform. Part B (Membership Terms) also applies if you create an account or purchase a membership, program, rental or other product from us. By using our website or platform you agree to be bound by these terms. If you do not accept them, you must not use our website or platform.
Our website and platform are owned and operated by Big Picture Skiing Pty Ltd ABN 38 644 152 447 (referred to in these terms as ‘we’, ‘us’ or ‘our’). In these terms, ‘website’ includes our streaming website and our mobile, desktop and TV apps.
Our ski camps and private coaching programs have their own booking terms, which apply to those bookings in addition to these terms.
PART A – WEBSITE TERMS
A1 Intellectual property
A1.1Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, videos, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for personal, non-commercial use, except to the extent permitted by law or where you have received prior written approval from us.
A1.2Without limiting clause A1.1, you must not: copy, download (other than through any offline viewing feature we provide), screen-record, share, resell or redistribute our videos or other content; share your login details or allow others to use your account; scrape or harvest content or data from this website; or use any of our content to train, develop or improve any artificial intelligence or machine learning system.
A2 Liability
A2.1Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law, or any other law, that cannot lawfully be excluded, restricted or modified.
A2.2Subject to clause A2.1, and to the maximum extent permitted by law, this website and its content are provided on an "as is" basis and we make no other warranties or representations about them, including that the website will be uninterrupted or error-free or that its content will be suitable for your particular purposes.
A2.3Subject to clause A2.1, and to the maximum extent permitted by law, we are not liable for any indirect or consequential loss arising out of or in connection with your use of this website, and our total liability to you in connection with this website is limited to supplying the relevant content or service again, or paying the cost of having it supplied again.
A3 Skiing risks and coaching content
A3.1Skiing and other snow sports are inherently risky activities that can result in serious injury or death. The instruction, drills, video analysis, fitness programs and other coaching content on this website are general in nature and do not take into account your individual fitness, health, ability, equipment or the conditions you ski in.
A3.2You are responsible for skiing within your ability, assessing snow, terrain and weather conditions, following the rules of the resort or area where you ski, using appropriate and well-maintained equipment, and obtaining medical advice before starting any physical training program, including our fitness content.
A3.3Subject to clause A2.1, any drill, exercise or technique you choose to perform based on our content is undertaken at your own risk.
A4 AI coaching tools
A4.1This website may include artificial intelligence tools, such as Skellie Chat, that generate automated responses based on our coaching content. Those responses are produced by software, may be inaccurate, incomplete or unsuitable for your circumstances, and are not personal advice from Tom Gellie or any of our coaches. You should use your own judgement before relying on them.
A5 External links
A5.1Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
A6 Updates
A6.1We may update these terms from time to time by publishing the updated terms on this webpage. If we make a material change that affects members, we will take reasonable steps to notify you (for example, by email) before the change takes effect. Your continued use of the website after the updated terms take effect means you accept them.
A7 Privacy
A7.1These terms also include our Privacy Policy, available at https://bigpictureskiing.com/privacy.
A8 Jurisdiction
A8.1Your use of the website and these terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales. If you access this website from outside Australia, you are responsible for complying with the laws that apply where you are, and nothing in these terms limits any rights you have under the mandatory consumer laws of your country of residence.
PART B – MEMBERSHIP TERMS
Part B applies in addition to Part A. If there is any inconsistency between Part A and Part B, Part B prevails, except that nothing in Part B limits clause A2.1.
B1 Eligibility and your account
B1.1You must be at least 18 years old to create an account or purchase a membership. A person aged 13 to 17 may use the website only through the account of a parent or guardian who agrees to these terms and supervises their use.
B1.2You must give us accurate information when you create your account and keep it up to date.
B1.3You are responsible for keeping your login details confidential and for all activity on your account. Your account is for one person only. You must tell us promptly if you suspect anyone has used your account without permission, and you should log out when using a shared device.
B2 Memberships, payments and renewal
B2.1Before you purchase, we will show you the price, the billing period (for example monthly or annual), whether the membership renews automatically, and how to cancel. Prices include GST where applicable.
B2.2Unless stated otherwise at checkout, memberships renew automatically at the end of each billing period, and you authorise us and our payment provider to charge your nominated payment method for each renewal until you cancel.
B2.3If you start with a free trial, you will be charged when the trial ends unless you cancel before then.
B2.4We may change membership prices. We will give you at least 30 days’ notice before a price change applies to your membership, and you can cancel before the new price takes effect.
B2.5Where we agree to accept payment for a program by bank transfer, the payment amount, details and due dates set out in your invoice apply.
B3 Cancellation and refunds
B3.1You can cancel your membership at any time online through your account settings. Cancellation takes effect at the end of your current billing period, and you keep access until then.
B3.2If you have trouble cancelling online, email us at info@bigpictureskiing.com
B3.3Subject to clause A2.1, we do not provide refunds for partly used billing periods or for content you have not watched. If our service has a major failure, you may be entitled to a refund under the Australian Consumer Law.
B4 Your licence to view content
B4.1While your membership is active, we grant you a limited, personal, non-commercial, non-transferable and revocable licence to stream the content included in your membership. You do not acquire ownership of any content.
B4.2We may add, change or remove content from time to time. Streaming quality depends on your internet connection and device, and we do not guarantee any particular resolution or quality.
B5 Acceptable use
B5.1You must use the website only for lawful purposes and in line with these terms. You must not hack, overload or disrupt the website, attempt to get around any access controls, forge headers or other identifiers, or use bots or automated tools to access the website or its content.
B6 Apps and software
B6.1Our apps are licensed to you for personal use on devices you own or control. You must not copy, modify, reverse engineer or redistribute them. We may update our apps from time to time, and your licence to use them ends if your account is terminated.
B7 Feedback
B7.1If you send us ideas or suggestions about our website or services, we may use them without any obligation to you.
B8 Copyright complaints
B8.1If you believe any content on our website infringes your copyright, email us at info@bigpictureskiing.com
B9 Suspension and termination
B9.1We may suspend or close your account if you materially breach these terms, for example by sharing your account or redistributing our content. Where practicable, we will tell you about the breach first and give you a reasonable opportunity to fix it.
B9.2If we close your account for a reason other than your breach, we will refund any membership fees you have paid for the period after closure.
B10 Liability for memberships
B10.1Subject to clause A2.1, and to the maximum extent permitted by law, our total liability to you in connection with your membership is limited to the membership fees you paid us in the 12 months before the event giving rise to the claim.
B11 Communications
B11.1By creating an account you agree that we may send you emails and other electronic messages about your account, payments and membership. We will only send you marketing emails in line with the law, and you can unsubscribe from them at any time.
B12 General
B12.1These terms do not create any partnership, employment or agency relationship between you and us.
B12.2If any part of these terms is invalid or unenforceable, it will be severed and the rest of these terms will continue to apply.
B12.3You may not transfer your membership or your rights under these terms. We may transfer our rights and obligations to a business that takes over our platform, and we will tell you if we do.
B12.4Clauses A6 (Updates) and A8 (Jurisdiction) apply to these Membership Terms.