KineticNRG Movement Teaching Academy Terms & Conditions 

Effective Date: December 2020

Introduction

We are KineticNRG Movement Teaching Academy www.kinetic-nrg.com  (“the Site”).

 

Use of Site

Your use of the Site KineticNRG Movement Teaching Academy is subject to the Terms of Use set out below. These terms and conditions govern your use of the Site, KineticNRG Movement Teaching Academy, also known in these terms and conditions as NRG. In using this site, you accept these terms and conditions in full.

  1. NRG reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and membership status. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
  2. NRG will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when the server is implementing upgrades or carrying out essential maintenance on the Site.
  3. All rights and title in and to the Site, including all of the content appearing on the Site as well as the knowledge and research underpinning that content, and whether available for free or as part of a paid membership of the Site, is owned by KineticNRG Movement Teaching Academy and/or our third-party licensors.

This content includes but is not limited to:

  • All text pictures, photographs, artwork, and videos, as well as the, knowledge and research underpinning this content.
  • You may not print, screen-capture or otherwise make copies of any such content, nor may you make your own adaptations or reproductions of any videos, photographs or pictures. Failure or delay on KineticNRG Movement Teaching Academy’s part to enforce our rights in this content should not be construed as acquiescence in your copy or reproduction.

This restrictions above operates by way of your express agreement thereto in terms of the English law of contract. You agree that all of the content on the Site, as well as the knowledge underpinning it, is the proprietary of KineticNRG Movement Teaching Academy, whether or not it is protectable by default at law. As such, the restriction, for purposes of these Terms of Use, does not arise by, nor do NRG need to rely in their enforcement on, automatic operation of the intellectual property statutes and/or common law pertaining in the United Kingdom. NRG mentions this to make explicit that even where the default position at law may provide you with a defence to copying, adapting or reproducing content from the Site, you agree by these Terms never to do so.

 

NRG provide the Site on an ‘as is’ basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. We emphasise that the Site content is for informational purposes, and nothing you read or see on the Site should be construed as medical advice, or as an alternative to or replacement for medical advice. To the maximum extent permitted by law, we expressly exclude:

  1. All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use
  2. Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular, none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

Your permission to use the Site is personal to you and therefore non-transferable. You may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use.

You are in agreement that you will not:

  1. Use the Site for any fraudulent or unlawful purpose.
  2. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
  3. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  4. Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, or violate any requirements, procedures, policies or regulations of such networks.
  5. Transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment.
  6. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purpose whatsoever, including non-commercial purposes such as research, criticism or comment, any portion of, use of, or access to the Site.
  7. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  8. Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
  9. Create a database by systematically downloading and storing Site content.
  10. Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without NRG express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.

 

We reserve the right to revoke these exceptions either generally or in specific instances.

 

Third-party Websites and Resources

The Site may provide links to other websites and online resources. We are not responsible for external sites or resources. Your use of third-party websites and resources is at your own risk.

 

General Data Protection Regulations

You agree that we may collect and use information about you in accordance with the General Data Protection Regulation (GDPR) as it applies in the UK, Data Protection Act 2018.

 

Breaches of the Terms and Conditions

  • Without prejudice to KineticNRG Movement Teaching Academy other rights under these terms and conditions, if you breach these terms and conditions in any way, NRG may take such action as deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

 

Course Access, Refunds & Termination of Memberships

  • Courses are available for 90 days from the purchase date, after which they will no longer be available in your product library unless you have an active Professional Membership subscription in place.
  • We offer no refunds on courses once any of the content has been accessed from within your product library.
  • Payment for membership subscriptions is taken upfront for the stated subscription period, unless you have selected a trial period in which case you will not be charged until the end of the free trial period.
  • Subscriptions can be cancelled at any time from the ‘Billing Info’ tab in your settings section. If you cancel a subscription you will retain full access of the products related to your subscription until the end of your current billing cycle.
  • After cancellation of subscription/membership to the Site and your access to exclusive content on the Site has been terminated, you will, remain bound in perpetuity by the restrictions on use and copying of content from the Site detailed earlier in these Terms whether you cancel your membership/subscription, or we terminate your access to the Site for whatever reason.
  • Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
  • These Terms of Use will be governed by and construed in accordance with the laws of England, and the courts of England will have exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use, regardless of where in the world you are located.

By your continued use of the Site, you are agreeing to the Terms and Conditions stated above.

 

Contact Us

If you have any questions, concerns or complaints about these KineticNRG Movement Teaching Academy Terms & Conditions, please contact us: