PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE.
site onlinebasketballcoach.com (hereinafter known as “this website”, “online basketball coach” or “us” or “our” or “we”) reserve the right, at our discretion,
to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use
of this Website following the posting of changes to these terms will mean you accept those changes.
You are prohibited from violating or attempting to violate these terms, including, without limitation,
- accessing data not intended for your use or logging onto a server or an account which you are not authorized to access
- permitting or suffering any third party to access the website using your logon details
- putting personal subscriptions from this site to any kind of commercial use without prior authorization from us.
Any perceived breach of either information mentioned under 1-3 above shall entitle us to suspend or terminate your account at our sole option without entitling you to compensation, and without prejudice to our right to pursue any of our additional rights or remedies against you on both a civil and a criminal basis.
1. By accessing this Website, You have agreed to be bound by the terms and conditions as set out below.
2. You agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of the Netherlands and shall be subject to the exclusive jurisdiction of the Dutch courts.
3. You understand and accept that to the fullest possible extent permitted in law, we accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether we cause such loss or injury directly or indirectly. The content of this Website is provided “as is” and without warranties of any kind either express or implied. We do not warrant that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that this Website is free from viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the content on this Website in terms of their fitness for any particular purpose, correctness, accuracy, reliability or otherwise. This Website’s content is provided solely for information and administrative purposes related to basketball coaching and training and do not constitute any form of encouragement for you to engage in hazardous activities.
4. Any reference made by this Website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement or recommendation on our part.
Content on this Website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect our views.
COPYRIGHT AND PLAGIARISM
5. You acknowledge and will respect all such copyright and other intellectual property rights we own or may own in the look and feel of the Website and its contents including any Flash presentation, PDF, sounds, music, text, graphics, data, stills, photographs and moving images. Such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademarks and community marks. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future.
Our newsletter and its content, and all photographs, drawings, depictions, layouts, artistic works and derivative works disseminated by us in whatever medium (“The Copyright Works”) are also protected by copyright pursuant to Dutch and European copyright laws, international conventions and other copyright laws and are owned or controlled by us.
You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of this Website and in any of The Copyright Works. Unauthorized copying or storing or resale of any part of this Website or our templates or any derivative work is expressly prohibited without our prior written consent or the permission or the copyright holder as identified on this Website.
We grant you a personal, non-transferable and non-exclusive right and licence to use the content material provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights. You agree not to modify the content material in any manner or form, or to use modified versions of the material, including (without limitation) for the purpose of obtaining unauthorized access to the Website’s services. You agree not to access the Website or its services by any means other than through the interface that we provide.
6. You must provide accurate and complete information upon registration. It is your responsibility to ensure that such information is up to date, and we accept no liability in the case of out-of-date information. You must not divulge your password to anyone, and you accept full responsibility for all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your password or account. Each registration is for one user only and any use of your account by a third party is strictly prohibited and may result in termination of your subscription. If you have reason to believe that the security of your account has been affected, you agree to notify us of such immediately.
FEES AND PAYMENT
7. Content of this website is available only through the purchase of a subscription (“Fee-Based Services”). If you use a Fee-Based Service you agree to pay, using a valid credit card or debit card or charge card which we accept, the annual subscription charges set forth on this Website and any other charges incurred on your account in order to access Fee-Based Services.
We reserve the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). We will automatically charge your account for the renewal of your subscription unless cancelled by you by e-mail at least four weeks prior to the annual renewal date AND your cancellation is confirmed by us by e-mail. The renewal charge will be the current published rates for the term of your subscription.
In the event that we cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. In the event you cancel the service, we will not refund any fees already paid by you. If you breach any of the Conditions of this agreement we reserve the right to cancel your subscription and to terminate your access to the Fee-Based Services.
If you believe we have invoiced you incorrectly, you must contact us no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. E-mail enquiries and cancellation requests should be directed to our Customer Services department through our contact form.
8. In the event that you buy any goods or services using this Website you will be bound by such terms as are notified by us to you on the invoice that you will be sent once you have confirmed your order as indicated on the Website or on the invoice itself.
9. In the absence of any invoice being sent by us to you, the terms will be as specified within these terms and conditions or those specified on the Website itself concerning the price of the goods, the methods of acceptable payment and the timing of such payments, and the requirement by you to pay such additional carriage and delivery charges as may be specified on the Website.
10. We have no responsibility to supply to you any goods or services as may be advertised for sale or supply on this Website. When you place the order for goods or services, you are making a legal offer to us, which we may or may not decide to accept. A legally binding contract will exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order.
11. In the event of any discrepancy between the terms and conditions specified or highlighted on the Website, and these terms and conditions, and or such terms and conditions as are specified in the invoice, the prevailing terms will be those most favourable to us.
12. No terms agreed between us will be varied unless such a variation has been agreed by us in writing.
CANCELLATION AND RETURNS: GOODS
13. You may return such goods as are supplied by us to you provided: you return the goods to us within 7 days of receipt by you; the goods are returned in their original packaging; the goods are returned at your expense to the return address specified on the invoice or as specified on the Confirmation Order that accompanied the goods; the goods are in no worse a condition than when they were supplied to you by us; the goods are not of a type specified, or are supplied in circumstances as being, “non-returnable”.
If these conditions are met we will refund you for the amount you originally paid for the goods within 7 days from the date we receive the goods back from you.
CANCELLATION AND RETURNS: SERVICES
14. Our Electronic Coaching Journals and chargeable Academy Sessions are provided solely on the basis that you, as a consumer, have agreed in
advance that such services will start before the usual cancellation period expires and that your cancellation rights will end when performance of such services start, i.e. upon subscribing or upon downloading session templates respectively. Electronic Coaching Journals and Academy Session templates are therefore exempt from cancellation. You confirm that such requirements as need to be met by us under The Consumer Protection (Distance Selling) Regulations 2000
(S.I. No 2334) have in fact been met.
15. In the following circumstances goods shall be treated as being “non-returnable”: where the goods have been at your request personalised; all audio or video recordings or computer software if the seal has been broken or tampered with in any way; goods which by their nature for hygienic reasons cannot be resold once returned; newspapers, periodicals and magazines.
NON CANCELLATION OF SPECIFIED SERVICES
16. The order from you to us for the supply of services cannot be cancelled in the following circumstances: where the request for the service required us to incur costs at your request prior to the cancellation period (in which case you will only be refunded for only the difference between the costs we incurred and the payment made by you to us for service); where the supply of the service was for a particular service on a specific date or within a specified period; the
service is automatically exempt from cancellation under EU law.
OWNERSHIP OF THE GOODS AND RISKS
17. You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you. You are advised to take out adequate insurance cover for such eventualities.
RIGHTS OF THIRD PARTIES
18. This agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates.
PRIVACY AND DATA PROTECTION
19. We agree to be bound by any prevailing law, judgment, directive or Statutory Instrument that imposes upon us restrictions concerning the use in any manner of confidential information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances.
20. As a result of accessing this Website a “cookie” has been stored on your web browser that enables us to provide restricted information to third parties. If you wish to remove the cookie or check that the information stored is accurate please refer to the Internet options on
your Internet Explorer, Firefox or other such system that serves the same function.
COMMUNICATIONS FROM US TO YOU
21. If you have any queries or concerns relating to this Website or our products or services or these terms and conditions please forward your query to using the contact form on this Website.
22. If you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on this Website or email us as indicated above simply stating: UNSUBSCRIBE.
COMMUNICATIONS FROM YOU TO US
23. If this Website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or Human Rights or actionable in law in any jurisdiction.
24. In the event that you do post such material on this Website, such consequences that may directly or indirectly follow will be entirely your responsibility and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
25. In the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise bjectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.
26. All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
27. Please take full responsibility for your own security and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused.
28. Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.