Your Subscription to BSmartBasketball.com is governed by this set of Terms & Conditions.
1. DEFINITIONS
For the purposes of these terms and conditions the following definitions apply:
- Forum means the Forum where registered members are able to communicate together on the Website or other 3rd party platforms e.g. Facebook or TrueCoach;
- Licence means the licence granted by us to you governing your use of the Program and the Services in accordance with these terms and conditions;
- Our, ourselves, us, we, Bsmart or BSMART refer to SMART, BRITTANY MICHELLE, ABN 61 426 699 513 for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;
- Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;
- Program means the set of programs offered via the Website;
- Subscription means the subscription with BSmart entitling you to use of the Program and/or the Forum;
- Terms and Conditions means these terms and conditions as amended from time to time;
- Website means the website https://bsmartbasketball.com/, Forum, Program, products and/or services offered or provided by BSmartBasketball;
- You or yours refers to you, the person accessing the Program and agreeing to the terms and conditions of your use of the Program and its contents;
- The single includes the plural and the plural includes the singular;
- One gender includes each other gender.
2. LICENCE
2.1 By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Program and the services offered on the Program (“Services”).
2.2 You may not use the Licensed material on more than one computer system or device concurrently.
2.3 Full-scale reproduction of the Licensed material is expressly prohibited.
2.4 This Licence shall continue until terminated in accordance with this Agreement.
3. PROGRAM
3.1 These Terms and Conditions govern your right to use the Website and your access to and use of the BSmart Program, the Forum and/or any products or services acquired in relation to the Program and/or any links provided on the Website to other websites.
3.2 In downloading and/or printing any content from the Program to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Program is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, and/or the Forum.
3.3 You agree that if you download any content from the Program you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Program in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
3.4 You agree that in downloading any service or product from the Program, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Program and/or make it available over a network where it could be used by multiple devices at the same time.
3.5 You agree that your use of the Program will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Victoria, Australia.
3.6 You agree that in using the Program, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
3.7 You agree that you will not post comments about the Program, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
3.8 The content on the Program, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
4. YOUR AGREEMENT AND SUBSCRIPTIONS
4.1 In accessing, registering or using the Program and/or the Services and products, information, text and images offered or provided on the Program, you are deemed to have read and personally agreed to the Terms and Conditions.
4.2 Payment for each Subscription is governed by these Terms and Conditions as well as our Payment Terms which form part of these Terms and Conditions.
4.3 We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
5. ELIGIBILITY
5.1 You represent and warrant that you are at least 18 years old and will be responsible for the information provided when creating a Subscription. This Program is not designed or recommended for anyone under 18 years old. If you are accessing and using the Program or any of the Program’s services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party’s legal guardian and you will indemnify us for any losses or damage suffered as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
5.2 Without limitation, the Program is available only to individuals with whom only legally binding contracts can be formed under Australian law.
5.3 We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, and Forum members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
6. MEMBERSHIP
6.1 You agree to provide accurate and truthful details about yourself for the purposes of your Subscription, for the Program and/or inclusion in the Forum and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
6.2 Once you register, you will be given access to a “Clients only” email subscription and Forum access.
6.3 Access to the information provided through email subscription and the Forum is for your sole use only.
6.4 Any password or right given to you to obtain access to the “Clients only” email subscription and the Forum, and the contents or use of either the email subscription or Forum, is not transferable to any third party.
6.5 We reserve the right, at our sole discretion, to terminate your access to the “Clients only” email subscription or Forum if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.
7. THIRD PARTIES
7.1 We may use third parties to assist us to provide our Services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.
7.2 The Program may also contain links to websites operated by third parties. Such links are provided for convenience only and BSMART has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.
8. FORUM MEMBERSHIP
8.1 You acknowledge that Forum membership provides for public communications.
8.2 To become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign up page for the Forum.
8.3 You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise, the Program, the Forum and/or the individuals representing the Program and/or their employees.
8.4 You will not use the Forum:
(a) for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
(b) to incite others to conduct the activities described in sub-paragraph 8.4(a);
(c) to interfere with the lawful and reasonable use of the Forum by others; and
(d) to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your Subscription.
8.5 You acknowledge that the moderators of the Forum reserve the right to remove any messages in the Forum that are inappropriate or that they reasonably believe may have a negative impact upon the Program and/or its reputation.
9. RENEWAL & TERMINATION
9.1 Your Subscription will automatically renew for the same term as your initial Subscription unless you opt out of your Subscription by accessing the settings component of your profile on the Website prior to the end of your initial term and de-selecting the option pertaining to automatic renewal of your Subscription. You may cancel your Subscription (please note a refund will not be issued when cancelling) to the Website by visiting the ‘My Account’ page on the site and following the prompts to manage your subscription.
9.2 We can terminate your Licence, Subscription and/or participation in the Forum at our sole discretion if we believe you have breached any of the Terms and Conditions of the Licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Program and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.
10. PAYMENTS
10.1 In purchasing any product or Service from the Website (“the Purchase”) you agree to:
(a) pay using a valid credit card (or other form of payment as we may allow);
(b) provide(c) pay all costs, fees, charges, applicable taxes and us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website, the Program or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
other charges as may be incurred in respect of the Purchase (“the costs”); and
(d) all costs are in the currency of your geographical region.
10.2. You acknowledge and agree that prices will vary depending on the type of Subscription as well as the region you are located.
11. RISK AND LIMITATION OF LIABILITY
11.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later
11.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.
11.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact our billing department via email at britt@bsmartbasketball.com within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
12. WARRANTY/REFUND
12.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program, and as we make no representations to you in respect of your use of the Program and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Program, nor in respect of any use of the products or services offered by the Website.
12.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.
12.3 We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
13. PRIVACY POLICY
13.1 Your privacy is important to us. Our Privacy Policy is incorporated into these Terms and Conditions by reference. Please read our Privacy Policy carefully for information relating to the collection, use, and disclosure of your personal information. We will manage your personal information in accordance with our privacy policy. You can find a copy of our privacy policy on the Website.
14. MEDICAL DISCLAIMER
14.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Program or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Program and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Program and/or its products or services.
14.2 You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Program, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Program or its products and services, is at your sole risk.
15. LIMITATION OF LIABILITY
15.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
16. OUR RIGHTS TO MODIFY SERVICES
16.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Program, Website and/or the Terms and Conditions, as we see fit.
16.2 We will publish any intended changes on the Website and/or advise you via email and you will be deemed to have accepted such changes based on your continued use of the Program following our publication of the notice of change via email and/or on the Website.
16.3 You agree that we may transfer, assign, license or deal with our interest in the Program, Forum, copyright or any other published material to any Affiliate or to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment. We will give you notice of any change or dealing within 28 days in the manner provided by clause 16.2.
17. JURISDICTION
17.1 These Terms and Conditions are governed by the laws of Victoria, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
18. INDEMNITY
18.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Program and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
18.2 You are liable for all content posted by you on the Forum.
18.3 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post on the Forum or in relation to the Program or that by your actions of conduct.
18.4 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
19. GENERAL
a. Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the Program and your use of it.
b. Waiver
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
