adriantuckercoaching.com TERMS & CONDITIONS
All Members and Users must read this Agreement carefully prior to subscribing to adriantuckercoaching.com as it governs the use of the Website by Members and Users and limits the Suppliers liability to them [link to clause 7]. By clicking “I accept” at the end of this screen the Member is forming a contract with the Supplier agreeing to the terms and conditions that appear below. If the Member or any of its Users have any questions please email the Supplier at info@adriantuckercoaching.com
Definitions and Interpretations
In this Agreement:
“Additional Services” means such services that are related to the Services as the Supplier decides to supply from time to time to the Member and Users which may include (but are not limited to) an the supply of goods through its online shop, health and fitness advice, nutritional advice and other football related advice.
“Agreement” means the contract entered into between the Supplier and the Member in accordance with these terms and conditions, the Registration Form and any other documents or procedures referred to in these terms and conditions only.
“Content” All material including both Input Material and Output Material made available to the Member and the Users in using the Services.
“Document” means any email, message, comment, opinion, video file, picture file, sound file, written instructions, bulletin board messages, discussion forum content or any other record of information .
“Electronic Device” means any personal internet enabled electronic device which enables the retrieval, display or storage of the Content which shall include (but is not limited to) personal computers (desktop and laptop) and internet phones.
“ID” means the username and password provided by the Supplier to the Member and any of its Users upon subscribing to the Services.
“Input Material” means any Document provided by the Member or User to the Supplier.
“Member” means the person (aged 18 years or above) on the Registration Form for whom the Supplier has agreed to provide the Services in accordance with this Agreement.
“Output Material” means any Document provided by the Supplier to the Members and Users as part of the provision of the Services.
“Registration Form” means the completed electronic form contained on the Website which has:
i. been completed by the Member upon subscribing to the Services with all the necessary information required about the Member and any Users which are to be added to the Subscription; and
ii. been accepted by the Supplier [by receipt.].
“Services” means the professional advice and knowledge provided by the Supplier to the Member and Users to attempt to assist them in improving their coaching skills in the sport of football which will be provided by use of the Content.
“Subscription” means the Agreement entered into between the Supplier and the Member for the Services to be provided to the Member and any of its Users for the Subscription Period upon paying the Subscription Fee.
“Subscription Fee” means the annually calculated fee to be paid on an annual basis by the Member to the Supplier for the Subscription [Amend once received client instructions]
“Subscription Period” means a period of with six month or one year commencing on [the date of this Agreement as recorded in the completed Registration Form].
“Supplier” means Adrian Tucker of adriantuckercoaching.com, info@adriantuckercoaching.com
“Users” means the Member, and any other person for whom the Member is connected to who is authorised by the Member to use the Services as part of the Member’s Subscription.
“Website” means www.adriantuckercoaching.com, or any other replacement website which the Supplier notifies the Member and the User of, which shall provide the Services through the Content.
The headings in this Agreement are for convenience only and shall not affect their interpretation.
1 Provision of Service
1.1 The Services are provided by the Supplier and the Member and any Users will be provided an individual ID to gain permission to access the Services upon [[providing the Registration Form] or [receiving confirmation from the Supplier that its Subscription has been accepted]] and making full payment (without deduction or offset) of the Subscription Fee for the Subscription Period.
1.2 The Member confirms that it has provided the Supplier with accurate and complete registration information in the Registration Form which the Supplier has relied upon in entering into this Agreement and that it is the Member’s responsibility to notify the Supplier of any changes to that information (including the Member’s email address) by emailing info@adriantuckercoaching.com.
1.3 The Member is responsible for ensuring that use of the Services by itself and its Users is in accordance with this Agreement and that no person who is not registered as a User under the Member’s Subscription has access to the Services.
1.4 If the Member or its Users believe there has been any breach of security such as the disclosure, theft or unauthorised use of its ID, the Member or User must notify the Supplier immediately by emailing info@adriantuckercoaching.com. If the Supplier reasonably believes that the Member or User’s ID is being used in any way which is not permitted by this Agreement, the Supplier reserves the right to suspend access rights immediately on giving notice to the Member or User and to block access from its ID until the issue has been resolved.
1.5 The Supplier is continually seeking to improve the Services and reserves the right, at its sole discretion and without notifying the Member or Users, to make changes to any part of the Services provided that it does not materially reduce or alter the nature or quality of the Services.
2 Limited Rights to Use Content
2.1 The Content made available to the Members and Users through the Services belongs to the Supplier or its licensors. Subject to clause 2.2, the Member or its Users may:
2.1.1 retrieve and display the Content on any Electronic Device either for personal use or to an audience of other Users only;
2.1.2 print individual pages on paper (where possible) and download or store such pages in electronic form on any Electronic Device, but shall not store the Content on any Electronic Device which is connected to an external network available to third parties;
2.2 Most of the Content is owned by the Supplier but certain Content is used under licence from third parties (“Third Party Content”) and will be marked with the copyright notice of those third parties. Some of the Third Party Content will be subject to additional restrictions and the relevant copyright notice will make it clear where that is the case.
2.3 The Member or any of its Users may not (without contacting the Supplier to obtain prior written permission):
2.3.1 redistribute any of the Content (including by using it as part of any library, archive or similar service) to any third party who is not a User;
2.3.2 remove the copyright or trade mark notice from any copies of the Content made under this Agreement;
2.3.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content;
2.3.4 except as expressly set out above, modify, reproduce or in any way commercially exploit any of the Content; or
2.3.5 grant, facilitate or enable access to the Services to other third parties who are not Users, nor to provide its ID to such third parties.
2.4 Copyright in any software that is made available for download for the participation in the Service (“Software”) belongs to the Supplier or its suppliers. The Member’s use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software.
2.5 The Member and Users acknowledges that it may be necessary to download, install and/or subscribe to software which enables the Content to be retrieved and viewed from the Website. It is the Member’s and User’s responsibility to obtain suitably licensed software as required.
3 Fees
3.1 Unless otherwise stated by the Supplier in writing, the Subscription Fee is payable in full (without deduction or offset) and in advance of the Subscription by the Member. Payment is to be made by such method of payment as the Supplier reasonably requests. For the avoidance of doubt, the Supplier shall be under no obligation to provide the Services until the Subscription Fee has been paid.
3.2 The Supplier will send to the Member and all its Users details of the renewal Subscription Fee payable for the subsequent year of Subscription. These details will be sent to the email addresses provided by the Member and Users at least four weeks before the anniversary of its current Subscription. Unless the Supplier receives written notice from the Member [7 (seven)] days or earlier prior to the end of the Subscription, the Subscription will automatically renew for an additional year at the new Subscription Fee.]
4 Member and User Participation
4.1 The Website allows Members and Users to submit Input Material which will fall into either of the following two categories:
4.1.1 Category 1: Video and Picture material which is sent to the Supplier and will remain confidential (in accordance with the Supplier’s child protection procedure) and will not be uploaded to the Website without first obtaining the Members or Users prior consent; and
4.1.2 Category 2: All other forms of Input Materials which are uploaded to the Website by the Member or User and will be on public display to all other members and users of the Website.
4.2 The Supplier [has no control over][will use all reasonable endeavours to monitor, moderate and filter] all Input Material. The opinions, advice, statements and suitability contained in any Input Material posted on the Website are those of its Members and Users and not of the Supplier. The Supplier cannot endorse, nor guarantee, the accuracy, integrity or quality of Input Material posted on the Website by the Members or Users. [Where the Member or its User can post Messages there will be a hyperlink to terms which help control the content of Messages.]
4.3 All Input Material provided by the Member or its User which falls into Category 2 (as detailed in clause 4.1.2 above) is provided to the Supplier and the Website on the basis that the Member or User agrees to give the Supplier a perpetual royalty-free non-exclusive licence to, at its sole discretion, reproduce, modify, translate, make available, distribute and allow others to use any such material in whole or in part or in any form. The Supplier may use such materials to form part of its Services as well as any other activity related to the Services which may include (but are not limited to) promotional activity by the Supplier and competitions set up by the Supplier. The Supplier will try to credit authors of the material where possible, but cannot guarantee to do so.
4.4 The Member and User agrees that the Supplier may provide the Member’s and User’s email address to connected third parties that assist in the provision of the Services.
4.5 The Member and Users are solely responsible for the Input Material submitted to the Supplier and its Website and by submitting such material the Member and its Users agree to not submit any material which:
4.5.1 advertises or promotes any goods or services;
4.5.2 reveals any confidential or sensitive information;
4.5.3 contains or links to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended to upset other users;
4.5.4 contains any material which it does not have permission to use (including material which may be protected by copyright, trade marks, database rights or any other form of intellectual property right). The Member shall indemnify the Supplier against any loss, damages, costs, expenses or other claims arising from any such infringement;
4.5.5 contains viruses or any other components with harmful or contaminating effects on the Website or any equipment connected to it; or
4.5.6 impersonates any living person.
4.6 The Member and Users agree to be responsible for all the Supplier’s losses arising out any breach of these rules by the Member and Users.
4.7 The Supplier is under no obligation to comment upon the Input Material provided by the Member or User (whether it falls into Category 1 or Category 2 as detailed in clause 4.1 above) and the Supplier reserves the right at all times without liability to the Member or User to delete, move and redact any Input Material submitted by the Member or User. Publication of the Input Material will be at the sole discretion of the Supplier.
5 Supplier Warranties
5.1 The Supplier warrants that:
5.1.1 it will use all reasonable skill and care in making the Services available to the Member and Users and in ensuring its availability during its Subscription;
5.1.2 where it has decided to make Additional Services available to the Member it will use all reasonable skill and care in making such Additional Services available;
5.1.3 it has the right to the Content under this Agreement;
5.1.4 it will operate the Services in accordance with its child protection policy [link] as it appears on the Website from time to time;
5.1.5 it will take reasonable steps to ensure that all information and material held by the Supplier will be kept private, secure and in a safe manner, except where the Supplier exercises its discretion to publish any Input Material on the Website in accordance with clause 4.3 above). The Supplier reserves the right to comment upon any material regardless of whether it is published on the Website or not.
5.2 Because of the number of sources from which the Supplier obtains the Content and because of the nature of the Internet and archived information, errors and omissions do occur and the Supplier does not give any other warranties in respect of the Service. In particular, the Member and Users should not take the accuracy of the Input Material for granted and the Supplier makes no warranty that the Website is free from infection by viruses or anything else that has contaminating or destructive properties. All implied warranties are excluded from this agreement to the extent that they may be excluded as a matter of law.
5.3 For the avoidance of doubt, the above warranties at clause 5.1 do not provide an obligation on the Supplier to review and comment upon all Input Material submitted to the Website.
6 Member Warranties
6.1 The Member in subscribing to the Services warrants that:
6.1.1 it is above 18 years old;
6.1.2 it has the legal authority to permit any of its Users to use the Services provided;
6.1.3 it and its Users have read and understood this Agreement and understand the limited liability of the Supplier;
6.1.4 it and its Users are of good health and understand the consequences that carrying out physical activity and exercise (as detailed in the Services) may have on the its or its User’s general health and physical fitness and that the Member and all Users have completed accurately and honestly the Health & Fitness section of the Registration Form upon subscribing to the Services;
6.1.5 where it has authorised a User under the age of 18 years old to use the Service it will guarantee to carry out the obligations of this Agreement regardless of whether such a User continues to use the Services throughout the Subscription Period;
6.1.6 [it and its User will destroy, delete and discard of any Content which it has downloaded, printed or stored on any Electronic Device upon the natural or early termination of the Agreement];
6.1.7 it and its Users will only submit Input Material in accordance with clause 4 above;
6.1.8 it and its Users will use its reasonable endeavours to assist the Supplier in preventing unauthorised or illegal material being placed on the Website by informing it of any such material at info@adriantuckercoaching.com and
6.1.9 it and its Users will ensure that all Electronic Devices which it uses to download the Content, or upload Input Materials contain up to date anti-virus software.
7 Limitation of Liability
7.1 Subject to clause 7.2, the Supplier will use its reasonable endeavours to ensure the Services are made available during the Subscription Period. If the Supplier is found to be in breach of this clause, the Member agrees that its only recovery for damages that it incurs, and its exclusive remedy, shall be limited to an amount equivalent to the Subscription Fee paid or payable in relation to the relevant part of the Subscription Period.
7.2 The Supplier shall not be liable to the Member or User or be deemed to be in breach of the Agreement by reason of any delay in performing, or any failure to perform, any of the Supplier’s obligations in relation to the Services, if the delay or failure was due to any cause beyond the Supplier’s reasonable control.
7.3 The Supplier will not be liable to any Member or its Users for any loss, damage, costs, expenses or other claims for compensation arising from the use of the Services (including use of the Website and its Content) or arising out of the use of any Additional Services. For the avoidance of doubt, such losses shall include personal injury or death subject to clause 7.4 and loss of potential future earnings of any Member or its User.
7.4 Notwithstanding the above provisions of this clause 7, the Supplier’s liability will not be limited in the case of fraud or for death or personal injury caused by the Supplier’s negligence.
7.5 For the avoidance of doubt the Service provided by the Supplier is the professional opinion and knowledge as to techniques and skills which aim to improve a football goalkeeper’s & players performance. The Supplier’s aim is to improve every Member’s and User’s performance as a football coach, but cannot guarantee that the Member or its Users performance will be individually improved.
8 Privacy Policy
8.1 The information that the Member provides about itself and its Users to the Supplier will only be used by the Supplier in accordance with its privacy policy from time to time.
9 Notices
9.1 All notices shall be given to the Supplier via email at info@adriantuckercoaching.com
9.2 All notices shall be given to the Member and Users at the email address provided in the completed Registration Form.
9.3 Notice will be deemed received when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
10 Links
10.1 The Service contains links to other web sites and resources, either directly or through frames and, where possible, the Supplier will make clear where such links are being made. Independent third parties provide these sites and the Supplier is not responsible and shall not be liable for the availability or content of these outside resources.
11 Termination
11.1 This Agreement and the Member’s and User’s access to the Service may be terminated by written notice if the Member or User is in material breach of this Agreement (in the sole opinion of the Supplier) and the breach is not remedied (where the material breach is not deemed to be irremediable by the Supplier) within the period of 14 days after written notice of the breach has been given to the Member or User. If the Supplier reasonably believes the Member or its Users are in breach of clause 2 or 4 of this Agreement the Supplier may suspend the Member or User’s access to the Service at any time.
11.2 The Member may terminate this Agreement and receive a pro-rata refund if the Service is discontinued or if the Supplier is in material breach of this Agreement and the breach is not remedied within the period of 14 days after written notice of the breach has been given to the Supplier.
11.3 The Member may terminate this Agreement by written notice to the Supplier within 14 days of the entering into the Subscription without reason. Once the Services have been accessed by the Member however this right will not apply.
12 General
12.1 The Supplier may transfer and/or assign its rights and/or its obligations under this Agreement. This will not affect the Member’s or User’s rights under this Agreement. The Member or User may not transfer any of its rights or obligations under this Agreement save where and to the extent permitted in relation to the Users.
12.2 For the purposes of the Contracts (Rights of Third Parties) Act 1999, nothing in this Agreement shall confer the Member’s rights on any other person, except the Users.
12.3 If the Member or its Users breach this Agreement and the Supplier ignores such breach, the Supplier will still be entitled to use its rights and remedies at a later date or in any other situation where the Member or its Users breach this Agreement.
12.4 This Agreement, together with the completed Registration Form, the Supplier’s privacy policy [link], the Supplier’s child protection policy [link] and any other additional terms on the Service, represents the entire terms agreed between the parties in relation to its subject matter and may be amended only by the Supplier’s agreement in writing. All other terms, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
12.5 If any provision of this Agreement is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Agreement and the remainder of the provision in question shall not be affected.
12.6 This Agreement shall be governed by English law.
12.7 The Supplier will try to solve any disagreements quickly and efficiently. If the Member wants to take court proceedings in relation to this Agreement it must do so in England.
By ticking this box, the Member and its Users agrees that it has fully read and understood these Terms and Conditions (in particular clause 7 which limits the Supplier’s liability)
