1. Introduction
1.1 These terms and conditions shall govern your use of our applications and/or website.
1.2 By using our applications and/or website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our applications and/or website.
1.3 If you register with our applications and/or website, submit any material to our applications and/or website or use any of our applications and/or website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our paid services in our applications and/or on our website; and by using our paid services in our applications and/or website, you warrant and represent to us that you are at least 18 years of age. Our free services (free Player or CoachLimite account, video tutorials etc.) are not restricted to a minimum age.
2. Copyright notice
2.1 Copyright (c) 2021, CoachVision GmbH.
2.2 Subject to the express provisions of these terms and conditions:
(a) We, together with our licensors, own and control all the copyright and other intellectual property rights in our applications and/or website and the material on our applications and/or website; and
(b) All the copyright and other intellectual property rights in our applications and/or website and the material on our applications and/or website are reserved.
2.3 We will not access, sell, rent, publish, redistribute or sub-license any content (plays, drills, exercises, roster etc.) that you have created on our application unless you agree expressly in writing or with an individual author contract.
2.4 We may use your provided personal data (see our Privacy Policy) to send you Newsletters and Surveys to expressly improve the quality of Hockey Coach Vision. You always have the right to unsubscribe to our Newsletters.
3. Licence to use our services
3.1 You may:
(a) Download and use our free applications;
(b) View pages from our website in a web browser;
(c) Stream audio and video files from our website; and
(d) Download pages from our website for caching in a web browser.
3.2 After registration and successful payment of your HCV Coach account, you may:
(a) Download and use our applications and services;
(b) Create content within our applications;
(c) Share your created content within our means and permissions;
(d) Buy and download Drill Store content from our elected Drill Store authors using our services.
3.3 Except as expressly permitted in Section 3.1 and 3.2 or the other provisions of these terms and conditions, you must not download any material from our applications and/or website or save any such material to your computer.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our applications and/or website.
3.5 Unless you own or control the relevant rights of your material and unless you have the relevant rights provided by us, you must not:
(a) sell, rent or sub-license any content created from our applications and/or website;
(b) redistribute any content created from our applications and/or website beyond our authorization.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our applications and/or website, or indeed our whole application and/or website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our applications and/or website.
4. Acceptable use
4.1 You must not:
(a) use our applications and/or website in any way or take any action that causes, or may cause, damage to the applications and/or website or impairment of the performance, availability or accessibility of the applications and/or website;
(b) use our applications and/or website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our applications and/or website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our applications and/or website without our express written consent;
(e) access or otherwise interact with our applications and/or website using any robot, spider or other automated means;
(f) use data collected from our applications and/or website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must not use data collected from our applications and/or website to contact individuals, companies or other persons or entities.
4.3 You must ensure that all the information you supply to us through our applications and/or website, or in relation to our applications and/or website, is true, accurate, current, complete and non-misleading.
5. Registration and accounts
5.1 To be eligible for an individual payment account on our applications and website under this Section 5, you must be at least 18 years of age. Our free services are not restricted to a minimum age.
5.2 You may register for an account with our applications and website by completing and submitting the account registration form on our website or within the registration process in our applications. The registration process will be completed with the confirmation email that our services will send to you.
5.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
5.4 You must not use any other person’s account to access the applications and/or web services, unless you have that person’s express permission to do so.
6. User IDs and passwords
6.1 If you register for an account with our applications and website, you will be asked to choose a user ID (email address) and password.
6.2 You must keep your password confidential.
6.3 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.4 You are responsible for any activity on our applications and/or website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.
7. Payment and cancellation of account
7.1 Our payment partners FastSpring, Microsoft, Apple or Google guide and execute all payments (subscription fees and in-app purchases). We do not possess any payment information (credit card details, PayPal information etc.) that you submitted, using their payment methods.
7.2 Unless you cancel or suspend your subscription at any time with our payment partners (see 7.1), your subscription will be automatically renewed and payment will be executed without prior notice.
8. Your content: license
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, animations, scripts, software and files) that you submit to us (e.g. plays, drills, exercises etc.), our applications and/or our website for storage or publication on, processing by, or transmission via, our applications and/or website.
8.2 We will not use, reproduce, adapt, publish, translate or distribute your content in any existing or future media unless you agree expressly in writing or with an individual author contract that we provide.
8.3 You may edit your content to the extent permitted using the editing functionality made available on our applications and/or website.
8.4 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
10. Trial Period
10.1 CoachVision GmbH reserves the right to periodically provide new users and some old users, with time-limited free use of the Hockey Coach Vision application in the form of a trial period.
10.2 CoachVision GmbH reserves the right, by its own discretion, to determine the duration of the trial period. The trial period can be extended if there are justified reasons for it. To get a free trial users can contact us at: info@hockeycoachvision.com
11. Discounts & Promotions
11.1 We may offer discounts for subscriptions or products on our website. Promotional codes cannot be redeemed for cash, resold or combined with any other offers, including a trial period. If you received a promotional code through an offer by a third party, with the exception of our affiliates and partners, additional restrictions may apply.
12. Promotional Sales
12.1 CoachVision GmbH can periodically put certain services or products on promotional sale. Promotional sales may be available to all customers or may be available to certain customers, or a specified group. CoachVision GmbH reserves the right to decide how and in what way the promotion will appear. Regardless of the agreement with our partners and affiliates, CoachVision GmbH reserves the right to independently decide on its promotional sales and pricing of its products.
12.2 The terms of the promotional sale will be described in detail, in particular the duration of the promotional sale, quantity limitations, size of the discount, etc.
13. Limited warranties
13.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our applications and/or website;
(b) that the material on the applications and/or website is up to date; or
(c) that the applications and/or website or any service on the applications and/or website will remain available.
13.2 We reserve the right to discontinue or alter any or all of our applications and/or website services, and to stop publishing our applications and/or website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any services, or if we stop publishing the applications and/or website.
13.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our applications and/or website and the use of our applications and/or website.
14. Limitations and exclusions of liability
14.1 Nothing in a contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
14.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in a contract under these terms and conditions:
(a) are subject to Section 14.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
14.3 To the extent that our applications and/or website and the information and services on our applications and/or website are provided free of charge, we will not be liable for any loss or damage of any nature.
14.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
14.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
14.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
14.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
14.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the applications and/or website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15. Breaches of these terms and conditions
15.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our applications and/or website;
(c) permanently prohibit you from accessing our applications and/or website;
(d) block computers using your IP address from accessing our applications and/or website;
(e) contact any or all of your internet service providers and request that they block your access to our applications and/or website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our applications and website.
15.2 Where we suspend or prohibit or block your access to our applications and/or website or a part of our applications and/or website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
16. Variation
16.1 We may revise these terms and conditions at any time on our website and with each release of an app Update.
16.2 If we revise our terms and conditions in between updates, we will give you written notice of any revision of these terms and conditions. The revised terms and conditions will apply to the use of our applications and/or website from the date that we give you such notice.
16.3 The revised terms and conditions shall apply to the use of our applications and/or website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our applications and/or website.
16.4 If you do not give your express disagreement to the revised terms and conditions within such period as we may specify, we will understand that you have accepted our revised terms and conditions, and no other action has to be taken.
17. Assignment
17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
18. Severability
18.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
18.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
19. Third-party rights
19.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
19.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
20. Entire agreement
20.1 Subject to Section 14.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our applications and/or website and shall supersede all previous agreements between you and us in relation to your use of our applications and/or website.
21. Law and jurisdiction
21.1 A contract under these terms and conditions shall be governed by and construed in accordance with Swiss law.
21.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.
22. Statutory and regulatory disclosures
22.1 We are registered in the Trade Register of Canton Argovia, Switzerland; you can find the online version of the register at https://ag.chregister.ch/, and our registration number is CHE-468.946.151.
22.2 We are registered as CoachVision GmbH, a Limited Liability Company in Switzerland and are subject to the Swiss Code of Obligations, which can be found at https://www.admin.ch/ch/e/rs/2/210.en.pdf.
23. Our details
23.1 Our website (www.hockeycoachvision.com) is owned and operated by CoachVision GmbH.
23.2 Our place of business is Antoniusstrasse 5, 5430 Wettingen, Switzerland.
23.3 You can contact us by writing to the business address given above, by using our website contact form, or by emailing info@hockeycoachvision.com.
