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JK Coaching Online Training Platform Terms of Use 

Last Revised: July 1, 2021 

 

Welcome to JK Coaching Online Training Platform’s terms and conditions. These T&Cs apply between you, the user of Services provided and JK Rugby Coaching & Mentoring Limited, the owner of the Services and this Website. 

 

Your agreement to comply with and be bound by these terms and conditions and to grant any and all licenses required is deemed to occur upon your acceptance of these T&Cs prior to your first use of the Services. 

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1. DEFINITIONS & INTERPRETATIONS

 

In these T&Cs, unless the context otherwise requires, the following expressions have the following meanings: “Account” means collectively the personal information, payment information and credentials used by Users to access the Website. 

 

“Agreement” means this binding agreement that shall come into effect between the User and JK Rugby Coaching & Mentoring following the User’s acceptance of these T&Cs and which shall incorporate these T&Cs. 

 

“Content” means any text graphics, images, audio, video software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website. 

 

“Fees” means the sum of money paid by Users at monthly or annual intervals to keep their Account active and to enable them to access Services. 

 

“GDPR” means the EU General Data Protection Regulation. 

 

“Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. 

 

“Services” means collectively the online facilities, tools, services or information that JK Rugby Coaching & Mentoring makes available through the Website either now or in the future. 

 

“Subscription Period” means the period for which a subscription has been purchased by way of payment of Fees. 

 

“User / Users” means any third party that accesses the Website and the Services that is not employed by JK Rugby Coaching & Mentoring and acting in the course of their employment. 

 

“Website” means the Website on which these T&Cs and conditions appear (www.jkrugbycoachingandmentoring.com) and any sub domains of that Website accessed over any protocol, unless expressly excluded by these T&Cs. 

 

“JKRCM” means JK Rugby Coaching & Mentoring the owner of the Services provided and Website. 

 

   2. PROVISION OF SERVICES 

 

1. JKRCM shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption. 

 

2. Notwithstanding, JKRCM does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these T&Cs the User acknowledges that the Services may change in form or nature at any time. 

 

3. JKRCM shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users. 

 

4. Notwithstanding JKRCM’s right to perform any of the actions detailed in this clause without prior notice, JKRCM shall use its best and reasonable endeavours to provide notice whenever possible. 

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    3. ACCESS TO SERVICES

 

1. The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these T&Cs. 

 

2. If the User is unable to comply with the requirements of Clause 3.1 they shall be prohibited from using the Services and must not accept these T&Cs. 

 

3. In order to use the Services and to access Content or season membership packages, Users are required to create an Account and to submit certain personal details. By accepting these T&Cs the User represents and warrants that: 

1. Any information that is submitted is accurate and truthful;

2. All such information will be kept accurate and up-to-date;

3. The means by which they identify themselves does not violate any part of these T&Cs or any applicable laws. 

 

    4. FEES 

 

1. Fees commence when a User enters into a new subscription with JKRC. The User’s credit / debit card will be billed on activation and monthly/annually thereafter (depending on if User has monthly or annual subscription). One-off payments are charged at the time of payment. 

 

2. The first payment will be at the price advertised on Website. JKRCM reserves the right to change Fees from time to time. 

 

3. If a User cancels their Account, access to JKRCM will terminate at the end of that paid period. No refunds will be available.

 

4. If a User’s payment fails to clear or is declined for whatever reason, then access to the Service will be immediately suspended. The Service will re-commence once a debit or credit card payment is successfully completed. 

 

   5. USE OF SERVICES 

 

Users are permitted to use the Services only in accordance with: 

 

1. These T&Cs;

    and 

2. Any relevant law, regulation or other applicable instrument in their particular jurisdiction. 

3. Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by JKRCM. Users shall not attempt to download, convert, crawl or otherwise reverse-engineer any part of the Services. 

4. Users may not engage in conduct that may disrupt provision of the Services by JKRCM. 

5. Users may not reproduce, copy, duplicate, trade or resell the Services. 

6. User’s rights to use the Services are non-exclusive, non-transferable and fully revocable at JKRCM’s discretion. 

 

   6. INTELLECTUAL PROPERTY

 

Subject to the exceptions in Clause 7 of these T&Cs, all Content included on the Website: text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of JKRCM, my affiliates or other relevant third parties. 

 

By accepting these T&Cs the User acknowledges that such materials is protected by applicable United Kingdom and International intellectual property and other laws. 

 

Subject to clause 8 Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless given express written permission to do so by JKRCM. 

 

   7. THIRD PARTY INTELLECTUAL PROPERTY 

 

Where expressly indicated, certain content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these T&Cs to use Content from the Website. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant. 

 

   8. FAIR USE OF INTELLECTUAL FAIR PLAY 

 

Content may be copied, transmitted, performed, adapted or otherwise re-used without written permission where any of the exceptions detailed in the Copyright Designs and Patents Act 1988 or other relevant legislation apply. 

 

   9. PRIVACY AND DATA PROTECTION 

 

1. For the purposes of understanding roles in regard to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) – JK Rugby Coaching & Mentoring Limited is defined as the Data Processor and the Client is the Data Controller. 

 

2. Use of the Website and the Services is also governed by JKRCM’s Privacy Policy which is incorporated into these T&Cs by this reference. 

 

3. The Client, as Data Controller, appoints JKRCM as a Processor to process the Personal Data as described on the Client’s behalf. 

 

4. JKRCM will only process the Personal Data to provide the Services or otherwise to comply with applicable laws or regulatory requirement. 

 

5. JKRCM will ensure that any person with access to or processing the Personal Data is subject to duty of confidence. 

 

6. JKRCM will take appropriate technical and organisational security measures to ensure the security of processing and protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorised access or disclosure or unlawful processing. The client authorises JKRCM to appoint sub-processors as they deem appropriate or necessary for the provision of the Services. 

 

7. JKRCM will assist the Client in providing subject access and allowing data subjects to exercise their rights under the GDPR. 

 

8. JKRCM will assist the Client in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. 

 

9. JKRCM will provide mechanisms for the Client to download all Personal Data at any time, to delete the record of a single Data Subject, and to delete all Personal Data at the end of the contract. 

 

10. The Client may exercise their right of Audit under GDPR legislation through JKRCM providing an audit report not older than 18 months prepared by an independent external auditor demonstrating JKRCM’s technical and organisational measures are sufficient to meet the obligations of a Data Processor under GDPR. 

 

11. JKRCM will submit to Client audits and inspections, provided the Client pays an applicable audit fee in full, and in advance of the commencement of such audit.

 

12. JKRCM will immediately inform the Client if it is asked to do something infringing the GDPR or other data protection law of the EU or a member of state. 

 

13. Nothing within this contract relieves JKRCM of its own direct responsibilities and liabilities under the GDPR.