This website, www.prorugbycoach.com and any associated sites (the Site) is provided to the customer (whether a club, school or individual) (you) by Global Sports Coaching Ltd , a limited company incorporated under the Companies Act and registered in England (Registered No. XXXXXX) (us, our or we), subject to these terms and conditions of use (Terms). Our registered Office is at XXXXX. Our VAT number is 986084769.
Authorised Users: means any person or member that we have agreed with you is or are to benefit from the subscription.
Agreement: The terms and conditions set out in this document and any subsequent variations thereto. [LT: Pls confirm there wont be any other paperwork/ordering document etc which might contain additional terms]
Subscription period: means 12 months
Site: means www.prc.com and any associates sites
Start Date: the date when the Subscription Fee is received and accepted by Us.
Subscription Fee: The subscription fee for authority and licence to use the Site
Subscription Period: The period in respect of which a Subscription Fee is payable for authority and license to use the Site.
You or Your: The party entering into this Agreement with us by accepting these terms. Where the context so requires, You or Your includes your Authorised Users.
Us, We or Our: PRC Sports Ltd, a limited liability company incorporated under the Companies Act and registered in England (Registration No. XXXXXX), with registered office at XXXXX, VAT number 986084769.
1.1. Subscription to the Site entitles you to use the Site and its contents subject to the terms and conditions contained in this Agreement.
1.2. Subscription is personal to You and your Authorised Users and is non transferrable.
1.3. Subscription is only available to You if you are aged 18 or over or if your application is accompanied by parental / guardian consent.
1.4. Your subscription shall start on the Start Date and shall continue for the Minimum Subscription Period. The Subscription Fee is inclusive of VAT and is payable either with a single annual payment, and your subscription will expire at the end of the subscription year unless you opt for a renewal; or (ii) on a rolling basis and your subscription will automatically continue unless and until terminated in accordance with Condition 9 below. If you pay for your subscription on a single annual payment basis, we will remind you when your Subscription Period is due to expire. You can then choose to renew your subscription for a further year. If we have changed the Subscription Fee since your last payment we will inform you of this in the renewal reminder notice so that you can choose whether or not to proceed with the renewal.
1.5. You may cancel your subscription at any time after the Minimum Subscription Period provided that You shall not be entitled to a refund of any Subscription Fee paid by you, unless you submit your notice to cancel your subscription within 7 days of first payment of the Subscription Fee. On cancellation, your access to the Site and its contents will be immediately terminated. If you are contracting as a consumer, you acknowledge and agree that on our acceptance of your first payment of the Subscription Fee, you will immediately be entitled to use the Site such that the Service will begin at that time and before the conclusion of the 7 day statutory cancellation period provided for under the Consumer Protection (Distance Selling) Regulations 2000.
1.6. We will confirm our acceptance of your subscription by sending you an email that confirms we have received your payment of the Subscription Fee and that you are a subscriber to the Site. Our acceptance of your Subscription Fee brings into existence a legally binding contract between us. The contract will be formed when we send you such confirmation. You should print a copy of the confirmation and these Terms for your records.
1.7. Payments are administered by email@example.com. The payment details provided to firstname.lastname@example.org will be used to automatically collect the Subscription Fee, commencing on the date that the first Subscription Fee is paid during registration for use of the Site.
1.8. We reserve the right, at our absolute discretion and without assigning a reason, to refuse any application for a subscription. We also reserve the right to suspend or cancel the subscription of any person who is found to have been in breach of these conditions from time to time.
2. AUTHORITY AND LICENCE FOR USE
2.1. On payment of the Subscription Fee, we grant you and your Authorised Users, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable revocable license to
2.1.1. access the Site, the Pro Rugby Coaching programme and any other materials on the Site electronically and for [non-business purposes] only;
2.1.2. save results from the Site provided that neither You nor your Authorised Users may copy results from the Site for publication onto any other media or website; and
2.1.3. display results from the Site via projectors in presentations and in printed format for use in an educational establishment by Authorised Users.
2.2. Any coaching drills and materials that may be made available to you through the Site are at our discretion and are subject to withdrawal at any time without notice to you. We shall decide which coaching drills and materials are offered through the Site from time to time.
2.3. You or your Authorised Users may not, unless authorised by a license granted by Us specifically for this purpose:-
2.3.1. use any results from the Site for the purpose of publication (other than as permitted by Condition 2.1). For the avoidance of doubt, uploading results from the Site on any other website or online forum or any other forms of publication such as books, manuals or video production is strictly prohibited;
2.3.2. integrate results from the Site into other forms of presentation software (such as Microsoft PowerPoint);
2.3.3. make available to any other party any material on this Site, except as permitted under these Terms or attempt to obtain or assist others in obtaining access to the Site other than as provided for in this Agreement; or
2.3.4. attempt to duplicate, modify, disclose or distribute any portion of the Site or information contained therein or attempt to reverse compile , disassemble, reverse engineer or otherwise reduce to human perceivable form any portion of the Site or the software used by the Site except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties.
3. PROPRIETARY RIGHTS
3.1. You acknowledge and agree that we and our licensors own all intellectual property rights in the Site, its contents including the coaching programme and the Pro Rugby Coaching trade name. Except as expressly stated in this Agreement, this Agreement does not grant you any rights to or in patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licenses in respect of the Site, its contents or any related documentation.
3.2. You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trade mark notices) or trade names which may be affixed to or contained within the Site or which appear on any results from the site.
4. YOUR OBLIGATIONS
4.1. You will take reasonable steps to ensure that your account details, including, but not limited to, the username and password provided for access to the Site are kept secure and used by no one other than you. In the event that any other person accesses this Site by logging in as you, we reserve the right to seek an additional Subscription Fee or terminate the Agreement pursuant to Condition 9 (Termination).
5. OUR OBLIGATIONS
5.1. We will take reasonable steps to ensure that the Site is virus-free and shall use our reasonable endeavours to ensure that access and use of the Site is not interrupted by any event within our control. We will notify you of any planned downtime.
5.2. We will process personal data supplied by you in accordance with the Data Protection Act and solely for the purposes of providing you with access to the Site and use of the Pro Rugby Coaching programme. We will use our best endeavours to ensure that personal data provided by you in the course of use of the Site is maintained securely and is backed-up. In the event of any loss or damage to your personal data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged data. We shall not be responsible for any loss, destruction, alteration to or disclosure of personal data caused by any third party, (except for those third parties sub-contracted by us to perform services related to Site data maintenance and back-up).
6.1. We collect information about you and your use of this Site, together with any details that you may need to provide for access to, or use of, the Site, including obtaining payment from you under Condition 1 (Subscription).
6.3. We use information provided by you for strategic development purposes and to improve your use of the Site.
6.4. We may use your personal information to contact you with information and news about us or the Site.
6.5. We will never pass personal data to any third party except (i) if required for the purpose of Condition 1; or (ii) to sporting bodies associated with the Site, including I.R.B for the purposes of Condition 6 and (iii) to any successor in title to our business or suppliers that process data on our behalf in the United Kingdom or abroad. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
7.1. We give you no warranty or assurance, except as set out in Condition 5 (Our Obligations). We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.
7.2. Except as expressly provided to the contrary in writing by us, the content of the Site is provided on an “as is” basis without any warranties of any kind, express or implied. We do not warrant that the content of this Site is accurate, complete, reliable, current or error-free. We expressly disclaim any warranty or representation as to the accuracy of the content of the Site.
7.3. We are not responsible for any typographical errors or omissions to pricing, text or photography on this site.
7.4. We give no warranty or assurance for the results you may achieve from use of the Site.
8.1. This condition sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
8.1.1. any breach of these Terms;
8.1.2. any representation, statement, tortious act or omission (whether negligent or otherwise) arising under or in connection with these Terms.
8.2. Except as expressly and specifically provided in these Terms you assume sole responsibility for results obtained from use of the Site and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information provided to you in connection with the Site.
8.3. Nothing in these Terms excludes our liability:
8.3.1. for death or personal injury caused by our negligence; or
8.3.2. for fraud or fraudulent misrepresentation.
8.4. Subject to Clause 8.3 above:
8.4.1. we shall not be liable for any loss of profits, loss of business, depletion of goodwill and / or similar losses or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising; and
8.4.2. our total aggregate liability in contract, tort, misrepresentation or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the Subscription Fee which has been paid by you in the 12 months preceding the date on which the liability arose.
8.5. We shall have no liability to you under these Terms, if we are prevented from, or delayed in, performing our obligations under these terms or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation, default of sub-contractors, strike, lock-outs or other industrial disputes, failure of utility service or transport or communications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.
9.1. This Agreement terminates if you or we are in material breach of any of its terms and if the breach is not remedied within a period of thirty days after written notice of it has been given to the party in breach. If we are in material breach, which is not cured following the written notice, your sole remedy will be limited to the payment of the Subscription Fee paid by you in the 12 calendar months prior to the occurrence of the event giving rise to liability.
9.2. On termination of this Agreement for any reason all licences granted hereunder shall immediately terminate.
9.3. Termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.
10.1. This Agreement is not intended to benefit anyone other than the parties to it. You may not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under this Agreement.
10.2. We reserve the right to amend these Terms at any time, by giving you thirty days written notice (validly constituted by an e-mail to you via the e-mail address supplied by you on registration for use of the Site) intimating the amendments to the Terms to you. In the event you do not agree to the amendments to the Terms, you may choose to cancel your Subscription with fourteen days written notice to us (validly constituted by an e-mail to our contact e-mail address provided on the Site).
10.3. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
10.4. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.
10.5. English law governs this Agreement and the parties submit to the exclusive jurisdiction of the English courts.
10.6. Use of phrases such as complete and final payment and payment in full or any such similar phrase accompanying your payment shall not be deemed as a waiver of our rights whether under this Agreement or otherwise.