Rugby Resources Limited (“the Company”) provides this internet site NZRugbyresources.com (“the Site”) and related services subject to your compliance with the terms and conditions of use set out below. These Terms and Conditions also apply to all other associated NZRugbyresources.com domain names that are registered to Rugby Resources Limited.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
By subscribing to and using this Site, you acknowledge that you have read, understood and accepted these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms & Conditions then you should not use or subscribe to this Site.
Rugby Resources Limited may make changes and update these Terms and Conditions at any time, without notice to you. Please check the Terms and Conditions posted at NZRugbyresources.com periodically, because your continued use of the Site will mean you accept these changes and updates. When using the NZRugbyresources.com Site, you and NZRugbyresources.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and Conditions.
To contact us e mail to admin@NZRugbyresources.com or write to Rugby Resources Ltd, NZ
DISCLAIMER REGARDING MEDICAL ADVICE
Disclaimer Regarding Medical Advice: NZRugbyresources.com is part of the Rugby Resources Limited network of Sites. The author and contributors to NZRugbyresources.com are not in the business of medical or healthcare advice and take no responsibility for injuries caused by attempting the exercises presented on this web site. NZRugbyresources.com recommends that you or any person you are coaching always learn new exercises under the guidance of a professional and consult your Doctor before you start. NZRugbyresources.com suggests that you or any person you are coaching consult their doctor or physician before undertaking any form of physical activity or exercise.
The material provided on this Site, and any correspondence you may enter into with any person on this Site (whether medically qualified or otherwise), is not intended as, and should not be considered to be, medical advice and you should seek medical opinion as to any condition you might have or any course of treatment on which you choose to embark. You should at all times seek appropriate advice from your doctor.
While “the Company” endeavours to ensure that the information on this Site is correct, “the Company” does not warrant the accuracy and completeness of the material on this Site, or its relevance to any complaint or condition that you might have. “The Company” may make changes to the material on this Site, at any time without notice. The material on this Site may be out of date, and “the Company” makes no commitment to update such material.
The material on this Site is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, “the Company” provides you with this Site on the basis that “the Company” excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Site.
“the Company”, any other party (whether or not involved in creating, producing, maintaining or delivering this Site), and any of “the Company’s” group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Site in any way or in connection with the use, inability to use or the results of use of this Site, any Sites linked to this Site or the material on such Sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Site or your downloading of any material from this Site or any Sites linked to this Site.
If your use of material on this Site results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
DESCRIPTION OF SERVICE
NZRugbyresources.com currently provides users with access to an extensive collection of online coaching resources over the Internet. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new online coaching information and services, shall be subject to the Terms and Conditions. You understand and agree that all services are provided "As-Is" and that “the Company” assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalisation settings.
In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
To view courses and activity sets, your computer system should fulfil the following minimum requirements: Pentium 3 Processor – 700 MHz. Internet Explorer, 7.0 or Mozilla 2.0. Screen Resolution of 1024 x 768 pixels. Minimum of 56K Internet connection but 512kbps ADSL recommended.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of NZRugbyresources.com services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or “the Company” has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, “the Company” has the right to suspend or terminate your account and refuse any and all current or future use of the sites services (or any portion thereof).
The free tour section of the Site has been designed to provide you with a detailed outline of the contents of the Site and its offerings. Please ensure you examine and are happy with the content outline and have tried the free drills to ensure they work, before purchasing your subscription. Once you have subscribed, you have a maximum of 14 days to cancel your subscription and claim a refund. Once the 14 day cooling off period has expired, you are committed to the subscription period you subscribed to. To claim a subscription refund you have to e mail within 14 days of subscribing to admin@NZRugbyresources.com and in the header section you must put Cancel Subscription and in the body and you must give your full name, date of subscription and reasons why you wish to cancel the subscription. Alternatively you can write to Rugby Resources Ltd, NZ and you must put Cancel Subscription as a header and you must state in writing, your full name, email address, date of subscription and reasons why you wish to cancel the subscription. After this 14 day period has expired there will be no subscription refunds and you are committed to the subscription period you subscribed to.
The prices of all subscription fees are clearly marked as in US Dollars unless otherwise stated and are inclusive of NZ GST (Goods and Services Tax) chargeable in accordance with the Goods and Services Tax Act 1985, where applicable.
Please Note: The subscription commences on the day on which you subscribe to the Site and the subscription is non refundable, except for the 14 day cooling off period and is applicable for the period you subscribed to.
“The Company” reserves the right to refuse a subscription if there is any doubt whatsoever as to the credit worthiness of a potential subscriber. This will be at the sole discretion of “the Company” .
CONTINUOUS SUBSCRIPTION SERVICE
Continuous subscription service rates apply to credit/debit card payments. Payment is made via a credit or debit card and all credit and debit card information will be encrypted for security. All amounts are billed at the beginning of each renewal period and will appear on your credit card statement as 'Rugby Resources Ltd' Your subscription will be automatically extended for successive renewal periods of the same duration and terms as the subscription term originally selected by you unless you choose to cancel your subscription by following the “Cancelling your subscription” process outlined below.
This does not apply if you end the Agreement for the reasons outlined below:
(a) “the Company” break this Agreement in any way and we do not correct the situation within 7 days of your request
(b) “the Company” goes into liquidation or a Receiver is appointed over our assets
(b) “the Company” increase any of the charges for the elements of the service you are using or change this agreement to your significant disadvantage, provided you give us a minimum of 30 days written notice to admin@NZRugbyresources.com and provided you notify us within one month of our telling you about the changes
You can cancel your subscription at any time and it will expire on the renewal date, whereupon you will be unable to gain access to the web site. It is your responsibility to cancel your own account. You have the right to cancel your subscription within the initial 14 day cooling off period, as outlined in the section “Refund Policy” above, after this 14 day cooling off period has expired, no refunds will be available, for whatever reason.
CANCELLING YOUR SUBSCRIPTION
If you wish to cancel your subscription, it is your responsibility to do so. To cancel your subscription, go to the “My Account” section, located at the top of any of the Members Pages, click on the subscription button and follow the given procedures. If you cancel your subscription, you'll enjoy subscription benefits until the end of your then-current subscription term; your subscription won't be renewed after that term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
MEMBER ACCOUNTS, PASSWORDS, AND SECURITY
Upon completion of the registration process for the site’s services, you will have created a user name and password. You are fully responsible for all activities under your password or account, including paying any amounts billed to your credit card.You agree to (a) immediately notify “the Company” of any unauthorized use of your password or account or any other breach of security. “The Company” cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You understand that all information, data, text, animation, software, photographs, graphics, messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not “the Company”, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via the Sites services. Under no circumstances will “the Company” be liable in any way for any content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, or otherwise transmitted via the sites services.
You agree to not use the sites services to:
1.Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
2. Impersonate any person or entity, including, but not limited to, a NZRugbyresources.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the sites and “the Company’s” services;
4. Upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
6. Upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose;
7. Upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the sites services or servers or networks connected to the sites services, or disobey any requirements, procedures, policies, or regulations of networks connected to the sites services;
9. Intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law;
10. "stalk" or otherwise harass another; or
11. Collect or store personal data about other users.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge and agree that “the Company” may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of the Site, its users, and the public.
You understand that the technical processing and transmission of the Sites services, including content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
PUBLIC CONTENT POSTED
With respect to all content you elect to post, upload, input, provide, or submit to the Sites services, you grant “the Company” and the Site the royalty-free, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to defend, indemnify and hold “the Company”, its officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the content, or the Interactive Areas in a manner that violates or is alleged to violate these Terms and Conditions. “The Company” shall provide notice to you promptly of any such claim, suit, or proceeding, and shall reasonably cooperate with you, at your expense, in your defence of any such claim, suit or proceeding.
“The Company” is based in New Zealand. If you choose to access the site from outside of New Zealand, you are solely responsible for applicable local laws and the Company makes no representation or warranty that the information complies with any laws, rules, regulations, procedures, codes or governmental directives outside the jurisdiction of New Zealand. You agree to indemnify the Company absolutely in respect of any liability arising for the Company as a result of your non-compliance.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Sites services, use of the Sites services, or access to the Sites services.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that “the Company” reserves the right to delete accounts that are inactive for an extended period of time. As of January 2008, this period of time is six (6) months from inactivity. You further acknowledge that “the Company” reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
“The Company” reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites services (or any part thereof) with or without notice. You agree that “the Company” shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites services.
You agree that “the Company” , in its sole discretion, may terminate your password, user name, account (or any part thereof) or use of the Sites services, and remove and discard any Content within the Sites services, for any reason, including, without limitation, for lack of use or if “the Company” believes that you have violated or acted inconsistently with the letter or spirit of the Terms and Conditions. “The Company” may also in its sole discretion and at any time discontinue providing the Sites services, or any part thereof, with or without notice.
You agree that any termination of your access to the Sites services under any provision of this Terms and Conditions may be effected without prior notice, and acknowledge and agree that “the Company” may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Sites services. Further, you agree that “the Company” shall not be liable to you or any third-party for any termination of your access to the Sites services.
SUSPENSION OF ACCESS
Each account is for a single user using a single machine at a time. The Site logs all interaction with the web site. If your user account is used by more than one user then the account will be suspended for one day. This suspension will increase by one additional day for each further occurrence. If you use more than one machine you must always log off on one machine before logging in on another to avoid any possible suspension. Also, if you use the Site in more than one browser window (on the same machine) always make sure it's the same browser make and version
DEALINGS WITH ADVERTISERS AND SPONSORS
Your correspondence or business dealings with, or participation in promotions of, advertisers and sponsors found on or through the Sites services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Site or “the Company” shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites services.
The Sites services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Site has no control over such sites and resources, you acknowledge and agree that “the Company” is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that “the Company” shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
RUGBY RESOURCES LIMITED PROPRIETARY RIGHTS
You acknowledge and agree that "the Company's" services and any necessary content used in connection with the Sites services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Sites services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by the Sites or advertisers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Sites services or its content material, in whole or in part.
“The Company” grants you a personal, non-transferable and non-exclusive right and license 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 Sites services. You agree not to access the Sites services by any means other than through the interface that is provided by “the Company” for use in accessing the Sites services.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
1. Your use of the Sites services is at your sole risk. The Sites services are provided "as is" and "as available" basis. “The Company” expressly disclaims all warranties of any kind whether express or implied.
2. “The Company” makes no warranty that (i) the Sites services will meet your requirements, (ii) the Sites services will be uninterrupted, timely, secure, or error free, (iii) The results that may be obtained from the use of the Sites services will be accurate or reliable, (iv) The quality of any products, services, information, or other material obtained by you through the Sites services will meet your expectations, and (v) any errors in the material will be corrected.
3. Any material downloaded or otherwise obtained through the use of the Sites services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
4. No advice or information, whether oral or written, obtained by you from “the Company” or through or from the Sites services shall create any warranty not expressly stated in the Terms and Conditions.
5. “The Company” makes no warranty or representation about the accuracy or completeness of the Site, its content or the content of any website “hypertext linked” to or from the Site
6. The member acknowledges that they have not relied on any representation made by the Company other than the express provisions of the Terms and Conditions
If the performance of “the Company’s” obligations under the Terms & Conditions is prevented by reason of “force majeure” (which shall include prevention occasioned by fire, casualty, act of God, natural disaster, any law, order, proclamation, regulation, demand or requirement of any government of government agency, strikes, labour disputes, shortage of labour or lack of skilled labour, shortage or unavailability of Products or raw materials, delay in transit, electricity or communications failures, or other causes whatsoever (whether similar to the foregoing or not) beyond your reasonable control “The Company” shall be excused from such performance to the extent of such prevention
Any heading used is for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions.
Notices to you may be made via either e-mail or regular mail. The Sites services may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Sites services.
The Site, the Sites logo, and other NZRugbyresources logos, product and service names are trademarks of Rugby Resources Limited. Without Rugby Resources Limited’s prior permission, you agree not to display or use in any manner, the NZRugbyresources marks or logos.
COPYRIGHTS AND COPYRIGHT AGENTS
All text, graphics and multimedia content available from the entry point URL: http://www.nzrugbyresources.com and pages within that domain (the "Site"), and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this Site are the property of Rugby Resources Limited and/or its affiliates. All material on this Site, including (but not limited to) images, illustrations, audio clips and video clips, is protected by copyrights that are owned or controlled by Rugby Resources Limited or by other parties that have licensed their material to Rugby Resources Limited(or posted to the Site pursuant to a user agreement with Rugby Resources Limited). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials, or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
The vast majority of the information contained in the Site is based upon the experiences of the directors of NZRugbyresources.com plus information gathered personally from many other coaches and influences. Rugby Resources Limited has made every effort to secure appropriate licenses and clearances for all proprietary intellectual properties used on this Site. If any company or individual feels they have any cause for complaint regarding the content in the Site or have reasons to believe there are any alleged intellectual property rights infringements, please contact admin@NZRugbyresources.com outlining your specific concerns and “the Company” will endeavour to address these issues sensibly and realistically.
Rugby Resources Limited respects the intellectual property of others, and we ask our users to do the same.
NZRugbyresources.com is operated and controlled by Rugby Resources Limited from its offices in New Zealand. You expressly agree that exclusive jurisdiction for any dispute with Rugby Resources Limited, or in any way relating to your use of NZRugbyresources.com , resides in the New Zealand courts, and you further agree and expressly consent to the exercise of personal jurisdiction in the New Zealand courts in connection with any such dispute including any claim involving Rugby Resources Limited or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
These Terms and Conditions are governed by the laws of New Zealand. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and Conditions constitute the entire agreement between you and Rugby Resources Limited with respect to the use of the NZRugbyresources.com and any content contained therein.
Report any violations of the Terms of Service to admin@NZRugbyresources.com