Terms & Conditions

These are the terms and conditions of The Rugby Trainer Limited, a company registered in England and Wales under company number 13504329 whose registered office is at Wellington House 273-275 High Street, London Colney, St Albans, Hertfordshire, AL2 1HA (“we” or “us”).

This page tells you about the terms on which you may use our website, therugbytrainer.com (“website”) or purchase our membership, our coaching sessions and digital downloads (collectively “services”). By using the website or purchasing our services, you accept these terms, and a legally binding contract is formed between you and us. If you don't accept these terms, please don't use the website or purchase our services. We may update these terms from time to time, so please check back regularly as any updates will apply to your use of the website and our services.

SERVICES

1. Skills Academy Membership

As part of our Rugby Trainer Skills academy Membership (“The Skills Academy”), we provide you with the benefits as advertised on our website. Our Membership fees are as stated on our website.

Subscribing to our Membership

When you sign up to our Membership, you will have the option to select a subscription plan (each a “subscription”), which can be either monthly or annually. The subscription will start on the day you sign up, or reactivate an old subscription. All our payments are taken by a third party payment

provider, currently Stripe. You should check Stripe’s terms and conditions and privacy policy before making payment..

Where you select a paid monthly subscription

Each billing cycle for your subscription is one month, and it will automatically renew each month. You will be automatically billed the monthly subscription fee, via a Stripe direct debit from the card you used to make your initial payment (unless you update your card details on Stripe. Your direct debit will be taken on the same date each month.

Where you select a an annual subscription

Each billing cycle for your subscription is 12 months, and it will automatically renew every 12 months. You will be automatically billed the 12 month subscription fee, via a Stripe direct debit from the card you used to make your initial payment (unless you update your card details on Stripe. Your direct debit will be taken on the same date every 12 months.

We reserve the right to change the price of subscriptions, but we will notify you of any price change before it happens. You can cancel your subscription if you do not agree with the price change. Price changes will not affect periods already paid for. Upon cancellation, you will lose immediate access to the private Facebook Group and our Membership area.

By continuing your subscription (i.e. not cancelling), you authorise us to bill your payment method. If your payment method expires and you do not update it, we may cancel your subscription and you will lose access to the Membership. You must still pay for the Membership even if you do not use it, until you cancel your subscription.

Membership Content

Once you subscribe to our Membership, you will have access to intellectual property. Please refer to point 5 below for further information.

Cancellation Policy

As you have access to our Membership from the moment you subscribe, you are not entitled to a cooling off period if you change your mind. Your subscription fees are non-refundable once paid. To cancel your Membership, this is done by logging into the Membership area.

If your behaviour is deemed offensive, inappropriate or against the guidelines we set, we reserve the right to remove you from the Facebook group with immediate effect and you won’t be entitled to a refund. We’re not responsible for the behaviour and actions of, or views or opinions shared by, other attendees.

2. Coaching services

We provide coaching sessions (“Coaching”), as referred to on our website. As part of the Coaching, you will be given access to the benefits as advertised on our website. Our Coaching fees are as stated on our website and you can purchase individual sessions, or a package of sessions (whichever you would prefer). Payments are taken prior to the sessions and we aren’t able to conduct sessions when payments haven’t been made in full.

You must give us at least 48 hours’ notice if you need to cancel a session and failure to do this means that you forfeit your fee paid for that session. If proper notice is given, we will reschedule your session to a mutually agreeable time at no cost to you.

Please make sure you arrive on time to our sessions. If you’re running late, please let us know, but the session will still run to the pre-agreed end time.

Zoom

We conduct sessions via Zoom and please note we can’t guarantee the security of Zoom as a platform, but we will do our best to ensure that our sessions are kept safe and secure. Please make sure you have the appropriate equipment for accessing the sessions and that you join on time. All sessions will finish at the originally scheduled time unless otherwise agreed by you and us. If you are late to any scheduled session, we may end the session at the originally agreed time in order to not disadvantage other clients scheduled after your session.

Facebook Group Policy

The Membership includes access to a private Facebook Group. You should always follow Facebook’s community guidelines when communicating with each other. We ask that member respect the rights of others in respect of their behaviour, privacy and confidentiality.

Advice

As part of the Coaching, we provide warm and cool down sessions. The content we provide as part of the Coaching is in no way medical advice. Although we take all reasonable steps to ensure our advice is evidence-based, you can’t guarantee this and so you act on our advice and guidance at your own risk.

Risk of injury

As we’re sure you’re aware, rugby is a contact sport and so can be strenuous and expose you to:
Risk of injury to contact with another player
Risk of injury due to contact with the equipment used in the Coaching (such as tackle pads)
Risk of injury from the environment
Risk of injury from participation in physical activity.

Before you commence our Coaching, we strongly recommend that you speak to a medical professional to ensure there is no physical reason that you should not engage in a contact sport. If you have any concerns about your health, you are responsible for bringing this to the attention of a medical professional. You must keep us notified of your health and injury status so that we may assess your suitability to participate in our Coaching.

Our Coaching is provided to adults and under-18s and the rules are different in terms of consent:

Adults:

By participating in our Coaching, you accept that there is a risk of injury, as summarised above. We do our best to prevent such injury, but we shall not be liable for any such injury sustained by you (unless this is caused by our negligence). You agree that we are not and will not be liable or held responsible for any actions or action undertaken by you, or for any direct or indirect result of the Coaching.

We will not assume any liability for any direct or indirect losses or damages that may result, including, but not limited to, economic loss. Nothing in these terms shall exclude any liability under the law that can’t be excluded, including death or personal injury caused by negligence.

Our liability to you under these terms in respect of our Coaching is limited to twice the total price paid by you for the Coaching from the date you entered into these terms.

Under-18s:

As is legally required when working with children under-18s, we are required to maintain at all times a valid enhanced Disclosure and Barring Service (DBS) certificate and a Rugby DBS certificate. This is available for you to view upon request.

Before we are able to commence the Coaching, we will require the consent of a parent or guardian and this consent will take the form of the attached “Parent/Guardian Consent Form”. We will be unable to provide Coaching to you without this form having been signed and dated.

Our liability to you under these terms in respect of our Coaching is limited to twice the total price paid by you for the Coaching from the date you entered into these terms.

3. No guarantees

While our Coaching and the content we make available to you as part of it is designed to improve your rugby skills and performance and accept and agree that you are 100% responsible for your own fitness and the benefits you gain from the Coaching. We make no representations, warranties or guarantees verbally or in writing. You understand that your results may significantly vary with other clients and we do not guarantee that you will reach your goals as a result of participation in our Coaching.

4. Digital downloads

On our website, passing plans are available to purchase ("digital downloads”). The digital downloads are designed to help you develop and improve your passes. Please note that no specific outcomes are guaranteed in working through the plans as every experience is unique.

Upon purchase, you will be sent an email containing the PDF file and you are then free to download for your own personal use. You should keep this email safe and download the PDF as soon as received as the PDF cannot be resent.

While I make every effort to ensure that emails are virus, Trojan, malware, or bug free, this cannot be guaranteed. It is therefore important that you utilise virus checking software for all emails received by me as I cannot be held liable for damage or loss you may suffer from any harmful material received from me.

Under consumer legislation, all sales of digital downloads are final and no refunds will be given unless the digital download is considered faulty. If you have any issues, please contact me for further guidance at ben@therugbytrainer.com.

5. Intellectual property

not rent, lease, sub-license, loan or otherwise make the Content available to any person;
not copy the Content, except as part of the normal use of the Content;
not translate, merge, adapt, vary, alter or modify the Content, nor allow the Content to be
incorporated into other programmes;
not disassemble, decompile, reverse engineer or create derivative works from the Content;

and

comply with all applicable law when using the Content.

If you breach these terms, you may lose your right to use our Content, and must destroy or return any copies you have made.

We are the owner or licensee of all intellectual property rights in all content we make available to you as part of the Membership, Coaching or anywhere else, including but not limited to programmes, plans, videos, tutorials, documents, presentations, designs and illustrations (“Content”).

Unless expressly authorised in writing by us, you agree that you will:

6. Data Protection

We comply with all applicable data protection legislation in providing the Services, including the EU law retained version of the General Data Protection Regulations (2016/679) and the UK Data Protection Act 2018.

7. Confidentiality

All information provided by you and matters discussed between you and us (however received) are confidential. We will keep this information confidential and secure except where a disclosure of the information is required by law or any regulatory authority or you have given us your express written consent. The confidentiality obligations continue to apply following the termination of these terms and remain unless the confidential information becomes part of the public domain.

WEBSITE TERMS OF USE

Use of the website

You have permission for temporary use of the website, but we can withdraw or change our service at any time without telling you and without being legally responsible to you. You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use the website, you must make sure that they read these terms first, and that they follow them. If you download the website onto someone else’s device, it is your responsibility to ensure you have that person’s permission.

Only use the website as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.

We frequently update the website and amend it, but we don't have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone.

Where we roll out updates for the website, these will be to improve functionality and performance of the website, address security issues or reflect changes to the operating system. If you do not update the website when requested, it may no longer run as expected.

If you have any issues using the website, please contact us at ben@therugbytrainer.com. Acceptable use of the website

When using the website, you must not:

use the website in an unlawful manner or act fraudulently or maliciously (including inserting malicious code into the website);
infringe our intellectual property rights or that of a third party;
transmit anything which is defamatory, offensive or otherwise objective;
use the website in a way that could damage, disable, overburden, impair or compromise our systems; or
collect or harvest information from the website to attempt to decipher any transmissions to or from our servers.

Intellectual property rights in the website

We are the owner or licensee of all intellectual property rights in the website and the material posted onto it. It is protected by copyright. You are allowed to stream or download one copy of the website content onto your personal device, for personal purposes only.

You agree that you will:

not rent, lease, sub-license, loan or otherwise make the website content available to any person without our prior consent;
not copy the website content, except as part of the normal use of the website content;
not translate, merge, adapt, vary, alter or modify the content, nor allow the website content
to be incorporated into other programmes;
not disassemble, decompile, reverse engineer or create derivative works from the website content; and
comply with all applicable law when using the content.

If you breach these terms, you may lose your right to use our website content and must destroy or return any copies you have made.

Liability

We don’t guarantee the accuracy of material on the website. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of the website
Any indirect, special or consequential loss.

We don’t make any warranties or guarantees about the services you may experience through your use of the website. We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law. Our total liability to you under these terms is limited to twice the fees you have paid for our services.

Uploading to the website

If you upload material to the website and we don’t deem your usage to be acceptable, we can remove the content and end your use of the website. Material that you upload will be regarded as non- confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity. We won't be legally responsible to anybody for the accuracy of material that you upload to the website, and we can remove it at any time.

Computer offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity. Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material. You must not try to get access to the website or server or any connected database or make any 'attack' on the website. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via the website.

Links from the website

Links from the website to other websites are for information only. We don't control them, and we don't accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.

GENERAL

We change these terms from time to time and you must check them for changes because they are binding on you.

Any notice given by a party under these terms shall be in writing and sent to the relevant party at its last notified contact email address (which, for us, is ben@therugbytrainer.com). Notices are deemed received at the time of transmission. This condition does not apply to the service of legal proceedings.

We may assign, subcontract or encumber any right or obligation under these terms, in whole or in part, without your prior written consent. You may not assign, subcontract or encumber any right or obligation under these terms, in whole or in part, without our prior written consent.

These terms (and the signed Consent Form) represents the entire understanding and agreement between the parties with respect to the subject matter of these terms, and supersedes all other negotiations, understandings, and representations, if any, made by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, if any, not embodies in this agreement or any other agreement related to these terms and expressly references herein is of any force and effect.

If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms.

If there is a dispute arising out of these terms, the English courts will exclusively deal with it. English law applies to these terms and conditions.

Terms & Conditions

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