(Effective April 17th, 2022)
PLEASE READ CAREFULLY
Welcome to Invictus SportsTech platform and website accessible at https://www.invictussport.coach. The Website, and Services is owned and operated by " OGRS Asia Pacific Pty Ltd " an Australian Private Company. As used herein, " Invictus SportsTech " or OGRS Asia Pacific Pty Ltd, including without limitation its directors, investors, employees or other related parties. These Terms and conditions are exclusively addressed to users who register on the Website of https://www.invictussport.coach with the aim of obtaining information about the provision of the services offered by Invictus SportsTech.
Table of Contents
3. License Grant
Subject to the terms of this agreement, Invictus SportsTech hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Site and the Service, which may only be used in connection with the Invictus SportsTech Service and in accordance with this Terms and conditions and any rules, restrictions or documentation set forth by Invictus SportsTech from time to time.
4. No Violation of Laws
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Site or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5. Sales and Purchases
All prices quoted include applicable sales taxes and levies in accordance with the Australian law and jurisdiction. If you wish to make a purchase on the site, you may be asked to provide certain relevant information, and to verify these information. Verification of information may be required prior to the acknowledgment or completion of any transaction. By making a transaction, you represent that the applicable products and services will be used only in a lawful manner.
6. Trademark License
Subject to the express provisions of these terms and conditions. All trademarks, logos, and service marks ("Marks") displayed on the website are Invictus SportsTech property. You are not permitted to use these Marks without our prior written consent of Invictus SportsTech.
Unless otherwise specified in these Terms, all Materials, including the Intellectual property in the Services, are our sole property or the property of our licensors. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the copyright owner's express written consent.
7. Our Services
Invictus SportsTech provides a democratise sports coaching platform, where athletes will be able to learn new skills from the best content creators of their sport.
The Services are available only to individuals who are 18 years or above and can enter into a legally binding agreement under the Australian laws.
9. Account Registration
To access and use the Platform, you must register an account (a “User Account”). We offer two types of account, User (Athlete) account and Content creator (Coach) Account on the Site.
You are responsible for any activity that occurs with your account credentials so you are required to keep your account credential secure and out of reach from third-parties user.
10. Paid Services
We provide certain paid Services, where users will pay a fee to access or view some part of the website features. Accordingly, you acknowledge that, Invictus SportsTech will charge you a fee according our Billing Policy in exchange for your right to have access and use our products and services in accordance with these Terms (“the Paid Service (s)”).
11. Payments Processor
We may cancel a payment or prevent you from initiating a purchase for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law collective bargaining agreement or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
12. Good Behaviour
We ask you both users to be respectful to each other during your use of the Invictus SportsTech Services. Avoid using foul language or creating a muss during communication. Invictus SportsTech reserve the right to terminate or suspend a user account, even after purchasing a product or services on the site. In these circumstances, no refund will be considered.
13. Accuracy of materials
The materials appearing on Invictus SportsTech's website could include technical, typographical, or photographic errors. Invictus SportsTech does not warrant that any of the materials on its website are accurate, complete or current. Invictus SportsTech may make changes to the materials contained on its website at any time without notice. However Invictus SportsTech does not make any commitment to update the materials.
14. User Responsibilities
After properly registering for the Invictus SportsTech website, we grant you a personal, non-exclusive, fully revocable, non-assignable, non-transferable, limited right to use and access our services as permitted by us. As a user, you do not receive any ownership interest in the service; you merely receive the right to use and access the Platform as provided by us. All rights not explicitly granted are reserved for Invictus SportsTech. You agree to abide by the following restrictions listed below:
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our website, at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm or have harmed Invictus SportsTech or the Platform itself. Failure by us to revoke your access does not act as a waiver of your conduct.
15. Confidential Information
To the extent a User provides Confidential Information to the other, the recipient agrees to protect the secrecy of the discloser's Confidential Information with the same degree of care as it uses to protect its Confidential Information, but in no event with less than due care. On a User's written request, the party that received Confidential Information will promptly destroy or return the disclosing party's Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
16. I P Rights
All content available on the website, including, but not limited to, the trademarks, logos, and service marks displayed on the website (collectively, the "Trademarks") are the registered and unregistered marks of Invictus SportsTech, our affiliates, or licensors in The Australia and other countries. All Trademarks not owned by us, our affiliates, that appear on the website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as required under applicable law, neither the services, the Trademarks, nor any other portion of the website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
Your use of this website and services is at your own risk. Invictus SportsTech shall not be liable for any direct, indirect, incidental, or consequential damages or loss arising out of your access to or use of this services. Invictus SportsTech will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with, Use of, or inability to use our Site/Services; or Use of or reliance on any content displayed on our website.
In particular, we will not be liable for:
18. Limitation of Liability
You acknowledge and agree that the entire risk arising out of your use of the platform, Services, remains with you to the maximum extent permitted by law. Neither Invictus SportsTech nor any other party involved in creating, producing, or accessing the Services, will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms. In any event, the maximum liability attributable to Invictus SportsTech for any occurance or series of occurances shall not exceed $1000.
19. Prohibited Use
For the performance of the services herein, below are list of acceptable user policy or prohibited use that will guide your use of the Invictus SportsTech Service and services.
20. Refund policy
Because of the nature of our services, we wont be offering refunds, for paid services. Please be aware that refunds are only eligible for unfulfilled orders, and no refunds will be issued for any other reason. All refunds are issued at the sole discretion of Invictus SportsTech. If you wish to request a refund or have an issue with any account billing, please contact us at firstname.lastname@example.org.
Invictus SportsTech respects the privacy of children, and we are committed to complying with the European Union GDPR Children's Online Privacy Protection. This site does not knowingly collect, use, or disclose personal information from children under 18 without prior parental consent. However, we may provide our service to children under 18 years of age but under a parental guardian's supervision.
Invictus SportsTech reserves the right to immediately suspend or terminate its Service to any User without warning and notice for violation or breach of any of the agreement in this Terms of Service. Notwithstanding, you may terminate this agreement with Invictus SportsTech, and close your Account at any time, following settlement of any pending transactions.
You agree to indemnify Invictus SportsTech from any and all Losses incurred by and defend Invictus SportsTech against any claim arising out of or in connection with: (i) your use of the Service, (ii) any violation or breach by you of these Terms of Service or any failure by you to comply with Applicable Laws, (iii) any dispute or litigation caused by your acts or omissions, (iv) any data, information or other content submitted by you, (v) the use of your Account, whether by your or a third party. Invictus SportsTech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Invictus SportsTech, including rights to settle, and you agree to cooperate with the defense and settlement of these claims.
24. Place of Jurisdiction
These terms and conditions, services and agreements shall be governed and construed in all respects by all Australian laws.
Invictus SportsTech may send a warning to a User account for violation of our Terms and agreements, including violating our community standards, or user misconduct reported to our Trust and Safety team. This warning shall be sent via user provided email address and also a warning message will be displayed on the user account dashboard on the Site. These warnings will not limit account activity, but can lead to your account losing your Content Creator/Coach statuse or becoming permanently disabled based on the severity of your violation.
26. Your feedback
Invictus SportsTech encourages User to leave a review and feedback after completing an Order, and we promise to respect your feedback irrespective of the outcome, for it helps us improve on our services and make us serve you better. A User’s feedback demonstrate the overall experience with the website services. By submitting feedback, we acknowledge that we will not remove your review unless it is a violation of our Terms and conditions and you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to sublicense freely) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
27. Copyright License
Copyright(c) 2022(s) Invictus SportsTech, website. Subject to the express provisions of these terms and conditions:
28. Support, Notices and Questions
If you have any questions or support issues regarding the website and services or these terms and conditions, please send a message to our customer support department via (email@example.com), we will try as much as possible to respond to your message within 24 hours.