GAME CHANGERS SESSION PLANNER TERMS OF USE

LAST UPDATED: 25 MAY 2020

This website: https://www.gamechangers.coach/ (“Website”) is owned and operated by BTRD Pty Limited ACN 152 743 578 (“BTRD”, “we”, “our” or “us”) trading as ‘Coaching Game Changers’ for the benefit of individuals and entities interested in BTRD’s services.

These terms and conditions (“Terms of Use”) apply to your use of the Game Changers Session Planner (“Session Planner”). Use of the Session Planner constitutes acceptance of the Terms of Use, as amended by BTRD from time to time. These Terms of Use constitute a binding agreement between the user (“User”) and BTRD.

Please read these Terms of Use prior to using our Session Planner. If you do not agree to these Terms of Use, the User should not use the Session Planner.

INFORMATION

All information displayed in the Session Planner is current at the time of display and any reference to currency is a reference to Australian Dollars. We take every reasonable care to ensure accuracy of all information listed. However, BTRD is not liable for any errors in pricing and description. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.

We may from time to time, before using the Session Planner, require you to enter into the relevant agreement for the use of the Session Planner, and execute all other necessary documents.

INDEMNITY

To the full extent permitted by law, you agree to indemnify BTRD and keep BTRD indemnified from and against any liability and any loss or damage BTRD may sustain, as a result of any breach, act or omission, arising directly or indirectly of these Terms of Use by you or your representatives.

LIABILITY

To the fullest extent allowable under the applicable law, in no event shall BTRD:

(a)  be liable to the User with respect to use of the Session Planner; and
(b)  be liable to the User for any direct, indirect, special, incidental, consequential, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of User information, the inability to use the Session Planner or device failure or malfunction.

The User’s sole remedy is to cease use of the Session Planner.

To the extent permitted by law, all other warranties whether implied or otherwise, not set out in these Terms of Use are excluded and BTRD is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for:

(a)  any increased costs or expenses;
(b)  any loss of profit, revenue, business, contracts or anticipated savings; or
(c)  any loss or expense resulting from a claim by a third party.

BTRD is not responsible and accept no liability for loss or damage arising from Website failures or downtime.

LINKS

If you wish to establish a link to the Session Planner, you must seek our prior written consent.

This Session Planner may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and BTRD is not responsible for the content and maintenance of or privacy compliance in relation to any linked Website. Any hyperlink in our Session Planner or on our Website to another Website does not necessarily imply our endorsement, support, or sponsorship of the operator of that Website or of the information and/or products that they provide.

TRADEMARK

BTRD’s logos (whether registered or otherwise), service marks, graphics and any other affiliated logos used in connection with the Session Planer are trademarks or registered trademarks of BTRD and may not be copied, imitated or used, in whole or in part, without prior, specific, written consent by BTRD.

COPYRIGHT AND INTELLECTUAL PROPERTY

The Session Planner and its content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by BTRD.

Copyright in the content of the Session Planner is the property of BTRD. Material in the Session Planner may be viewed and may be reproduced in hard copy for your personal reference only. Unless otherwise permitted by law, the material and information in this Session Planner may not otherwise be reproduced or displayed and may not be distributed to any person or incorporated into any other website or materials without prior written approval from BTRD.

Intellectual property rights for software, scripts, programming code, animation, and processes used in this Session Planner are the sole property of BTRD including without limitation, all copyrights and other proprietary rights inherent therein.

SECURITY RISK

Third parties may intercept or modify transmissions to and from this Website and it is possible that computer viruses or other defects may be contained in files obtained from or through this Website and its related content. BTRD is not liable for any damage that may be a result of your use of this Website, the Session Planner or of any linked Website.

PRIVACY POLICY

All personal information obtained by using BTRD’s Session Planner is governed by BTRD’s Privacy Policy. By using the Session Planner you agree with BTRD’s Privacy Policy. If you do not agree to BTRD’s Privacy Policy, you should not provide your personal information to BTRD.

Upon accepting these Terms and the Privacy Policy you agree that the personal information collected may also be used to promote and inform you on other BTRD products and services, which may interest you. You may notify us at any time that you no longer wish to receive any direct marketing by email: sales@gamechangers.coach.

GENERAL

No waiver of any of these terms and conditions or failure to exercise a right or remedy by BTRD will be considered to imply or constitute a further waiver by BTRD of the same or any other term, condition, right or remedy.

BTRD reserves the right to modify any of the Terms of Use and Privacy Policy at any time.

These Terms of Use are governed by the laws of New South Wales, Australia. If any part of these Terms of Use is found to be invalid or unenforceable, it shall be served without affecting the remainder.