Terms Of Use

Effective Date: June 2026

Welcome to The Picklr. These Terms of Use (these “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and TPM – Retail Pty Ltd ACN 696 311 789 (“Picklr,” “we,” “us,” or “our”) concerning your access to and use of the http://thepicklr.au/ and http://picklrstore.au/ websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.

It is your responsibility to periodically review these Terms of Use to stay informed of updates. 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 of Use by your continued use of the Site after the date such revised Terms of Use are posted.

Our use of personal information is governed by our  https://thepicklr.au/privacy-policy/ which describes how we collect, process, and store your data.

WHO WE ARE

Picklr operates as a pickleball club franchise, providing memberships, bookings, and events. Our services utilise Playbypoint, a third-party platform, to facilitate reservations, payments, and scheduling.

When using Playbypoint’s services, you are subject to Playbypoint’s Terms of Use and Privacy Policy, which govern their platform independently of Picklr. These terms are incorporated by reference, meaning that by using Playbypoint’s services, you agree to comply with them. Picklr does not own, operate, or control Playbypoint. To the extent permitted by law, Picklr is not liable for any system outages, payment processing errors, security breaches, or data issues arising from Playbypoint’s platform. Any disputes regarding Playbypoint’s services—including, but not limited to, bookings, payment transactions, refunds, cancellations, or data privacy—must be addressed directly with Playbypoint. Picklr assumes no responsibility for the accuracy, security, or availability of Playbypoint’s services.

USER REPRESENTATIONS AND ELIGIBILITY 

By using our services, you agree and warrant that:

• All registration information you submit will be true, accurate, current, and complete.
• You will maintain the accuracy of such information and promptly update such registration information as necessary.
• You have the legal capacity and you agree to comply with these Terms.
• You are at least 13 years old and have parental consent if you are a minor (under 18 years of age).
• You will provide accurate and up-to-date information when registering.
• You will not use automated tools (bots, scripts) to access or interact with our services.
• You will not violate any applicable laws or attempt to disrupt or manipulate our services.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Playbypoint’s platform and software remain subject to Playbypoint’s own intellectual property policies.

PROHIBITED ACTIVITIES AND USER CONDUCT

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• engage in fraudulent bookings or payments.
• systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• make any unauthorised use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
• use the Site to advertise or offer to sell goods and services.
• circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• attempt to impersonate another user or person or use the username of another user.
• disrupt the Services, harass staff, or manipulate membership privileges.
• decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
• use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
• attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• delete the copyright or other proprietary rights notice from any Content.
• copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• use the Site in a manner inconsistent with any applicable laws or regulations.

PURCHASES AND PAYMENT

All purchases and payments are processed securely through Playbypoint and governed by Playbypoint’s Terms of Use and Privacy Policy. Users must agree to Playbypoint’s payment terms.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

To the extent permitted by law, all sales are final and no refunds will be issued, except where a refund is required under the Australian Consumer Law or as otherwise set out in in Picklr’s refund policy.

MEMBERSHIP TERMS AND CANCELLATION

Memberships are non-transferable and may not be shared between individuals unless explicitly stated in Picklr’s membership terms. Membership fees are non-refundable, except where a refund is required by law or otherwise set out in Picklr’s refund policy or its Membership Agreement or other written agreement with you. Picklr reserves the right to suspend or revoke memberships for violations of these Terms, club policies, or abusive behaviour.

THIRD PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

LIABILITY DISCLAIMER AND INDEMNIFICATION

The Site is provided on an As-Is and As-Available Basis.

Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law or other applicable laws.

You agree that your use of the Site will be at your sole risk. To the extent permitted by law, we disclaim all warranties, express or implied, and exclude all liability for any loss or damage, in connection with your use of the Site.

We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site. To the extent permitted by law, we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials contained on the Site, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site, (3) any interruption or cessation of transmission to or from the Site, (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (5) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

To the extent permitted by law, in no event will we or our directors, employees, or agents be liable to you or any third party for any consequential losses, including lost profit, lost revenue, or loss of data, even if we have been advised of the possibility of such losses.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your contributions to the Site; (2) your use of the Site; (3) breach by you of these Terms of Use; (4) any breach by you of the representations and warranties you have given in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

TERMINATION OF SERVICE

These Terms of Use shall remain in full force and effect while you use the Site.

We may suspend or terminate your access to the Site if you breach these Terms of Use or engage in conduct that is unlawful or reasonably considered to be inappropriate, unsafe or disruptive.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Picklr may suspend accounts for violations (e.g., fraud, harassment, policy breaches). Playbypoint may also restrict service independently, and Picklr is not responsible for such suspensions.

We also do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free.  We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. 

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site.

You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

These Terms shall be governed by the laws of New South Wales. Each party submits to the non-exclusive jurisdiction of the courts of that State or Territory and any courts competent to hear appeals from those courts.