Terms & Conditions

<h1>Terms &amp; Conditions</h1>

<p> 
1. About the Website
<ul>
    <li>
    1.1. Welcome to rowingplanner.com (the 'Website'). The Website
    provides you with an opportunity to browse and purchase
    various products and services that have been listed for sale through the
    Website (the 'Products'). The Website also provides you with the 
    opportunity to purchase access to the Rowing Planner web application 
    (the ‘Application’ or ‘Purchased Services’).
    </li>
    <li>
    1.2. The Website is operated by Rowing Planner. Access to and use
    of the Website, or any of its associated Products or Services, is
    provided by Rowing Planner. Please read these terms and
    conditions (the 'Terms') carefully. By using, browsing and/or
    reading the Website, this signifies that you have read,
    understood and agree to be bound by the Terms. If you do not
    agree with the Terms, you must cease usage of the Website, or
    any of the Services, immediately.
    </li>
    <li>
    1.3. Rowing Planner reserves the right to review and change any of
    the Terms by updating this page at its sole discretion. When
    Rowing Planner updates the Terms, it will use reasonable
    endeavours to provide you with notice of updates to the Terms.
    Any changes to the Terms take immediate effect from the date of
    their publication. Before you continue, we recommend you keep
    a copy of the Terms for your records.
    </li>
</ul>
</p>

<p> 
2. Acceptance of the Terms
<ul>
    <li>
    2.1. You accept the Terms by remaining on the Website. You may also accept the
    Terms by clicking to accept or agree to the Terms where this option is made
    available to you by Rowing Planner in the user interface of the Application.
    </li>
</ul>
</p>

<p> 
3. Registration to use the Application
<ul>
    <li>
    3.1. In order to access the Application, you must first register
    as a user of the Application. As part of the registration process, or as
    part of your continued use of the Application, you may be
    required to provide personal information about yourself (such as
    identification or contact details), including:
    (a) Email address
    (b) Password
    (c) Billing information
    (d) Phone number
    </li>
    <li>
    3.2. You warrant that any information you give to Rowing Planner in
    the course of completing the registration process will always be
    accurate, correct and up to date.
    </li>
    <li>
    3.3. Once you have completed the registration process, you will be a
    registered member of the Application (a '’Member') and agree to be
    bound by the Terms. As a Member you will be granted
    immediate access to the Application.
    </li>
</ul>
</p>

<p> 
4. Your obligations as a Member
<ul>
    <li>
    4.1. As a Member, you agree to comply with the following:
    You will use the Application only for purposes that are
    permitted by:
    (a) the Terms;
    (b) any applicable law, regulation or generally accepted
    practices or guidelines in the relevant jurisdictions;
    (c) you have the sole responsibility for protecting the
    confidentiality of your password and/or email address.
    Use of your password by any other person may result in
    the immediate cancellation of access to the Application;
    (d) any use of your registration information by any other
    person, or third parties, is strictly prohibited. You agree to
    immediately notify Rowing Planner of any unauthorised
    use of your password or email address or any breach of
    security of which you have become aware;
    (e) access and use of the Website and Application is limited, 
    non-transferable and allows for the sole use of the Website 
    and Application by you
    (f) you will not use the Application or Website for any
    illegal and/or unauthorised use which includes collecting
    email addresses of Members by electronic or other means
    for the purpose of sending unsolicited email or
    unauthorised framing of or linking to the Website;
    (g) you agree that commercial advertisements, affiliate links,
    and other forms of solicitation may be removed from the
    Application or Website without notice and may result in termination 
    of access to the Application. Appropriate legal action will be taken
    by Rowing Planner for any illegal or unauthorised use of
    the Website or Application
    (h) you acknowledge and agree that any automated use of
    the Website or Application is prohibited; and
    (i) you will not not reverse compile, disassemble, remove, release, disclose, reveal, copy, extract, modify or otherwise reverse engineer all or any part of the Purchased Services, Website or any software, documentation or data related to the Purchased Services.
    </li>
</ul>
</p>

<p> 
5. Purchased Services and Refund Policy
<ul>
    <li>
    5.1. By purchasing access to the Application through the Website, you will 
    agree to the payment of the purchase price listed on the Website for the 
    Purchased Services (the 'Purchase Price').
    </li>
    <li>
    5.2. Payment of the Purchase Price may be made through Stripe (the
    'Payment Gateway Provider')
    In purchasing the Product, you warrant that you have
    familiarised yourself with, and agree to be bound by, the
    applicable Terms and Conditions of Use, Privacy Policy and
    other relevant legal documentation provided by the Payment
    Gateway Provider.
    </li>
    <li>
    5.3. Following payment of the Purchase Price being confirmed by
    Rowing Planner, you will be issued with a receipt to confirm that
    the payment has been received and Rowing Planner may record
    your purchase details for future use.
    </li>
    <li>
    5.4. Rowing Planner may, at their sole discretion, provide a refund 
    on the Purchased Services following the first month of usage.
    </li>
</ul>
</p>

<p> 
6. Warranty
<ul>
    <li>
    6.1. Rowing Planner shall use reasonable efforts consistent with prevailing industry
    standards to maintain the Purchased Services in a manner which minimises errors and interruptions in the Purchased Services. 
    </li>
    <li>
    6.2. Purchased Services may be temporarily unavailable for
    scheduled maintenance or for unscheduled emergency maintenance, either by
    Rowing Planner or by third-party providers, or because of other causes beyond
    Rowing Planner’s reasonable control, but Rowing Planner shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service
    disruption. 
    </li>
    <li>
    6.3. However, Rowing Planner does not warrant that the Purchased Services will be 
    uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Purchased Services.
    </li>
    <li>
    6.4. While all due care has been taken, Rowing Planner does not warrant that the
operation of the Purchased Services will be uninterrupted or error free or that any third party components of the Purchased Services, will be accurate or error free or that the Purchased Services will be compatible with any application, program or software not specifically identified as compatible by Rowing Planner.
    </li>
</ul>
</p>

<p> 
7. Copyright and Intellectual Property
<ul>
    <li>
    7.1. The Website, the Application and all of the related
    products of Rowing Planner are subject to copyright. The
    material on the Website is protected by copyright under the laws
    of Australia and through international treaties. Unless otherwise
    indicated, all rights (including copyright) in the site content and
    compilation of the website (including text, graphics, logos, button
    icons, video images, audio clips and software) (the ' Content')
    are owned or controlled for these purposes, and are reserved by
    Rowing Planner or its contributors.
    </li>
    <li>
    7.2. Rowing Planner retains all rights, title and interest in and to the
    Website and all related content. Nothing you do on or in relation
    to the Website will transfer to you:
    (a) the business name, trading name, domain name, trade
    mark, industrial design, patent, registered design or
    copyright of Rowing Planner; or
    (b) the right to use or exploit a business name, trading name,
    domain name, trade mark or industrial design; or
    (c) a system or process that is the subject of a patent,
    registered design or copyright (or an adaptation or
    modification of such a system or process).
    </li>
    <li>
    7.3. You may not, without the prior written permission of Rowing
    Planner and the permission of any other relevant rights owners:
    broadcast, republish, up-load to a third party, transmit, post,
    distribute, show or play in public, adapt or change in any way the
    Content or third party content for any purpose. This prohibition
    does not extend to materials on the Website, which are freely
    available for re-use or are in the public domain.
    </li>
</ul>
</p>

<p> 
8. Privacy
<ul>
    <li>
    8.1. Rowing Planner takes your privacy seriously and any information provided
    through your use of the Website and/or the Purchased Services are subject to
    Rowing Planner's Privacy Policy, which is available on the Website.
    </li>
</ul>
</p>

<p> 
9. General Disclaimer
<ul>
    <li>
    9.1. You acknowledge that Rowing Planner does not make any
    terms, guarantees, warranties, representations or conditions
    whatsoever regarding the Products or Purchased Services other than 
    provided for pursuant to these Terms.
    </li>
    <li>
    9.2. Rowing Planner will make every effort to ensure a Product or Purchased 
    Services are accurately depicted on the Website, however, you acknowledge
    that complex software is never wholly free from defects, errors 
    and bugs.
    </li>
    <li>
    9.3. Nothing in these Terms limits or excludes any guarantees,
    warranties, representations or conditions implied or imposed by
    law, including the Australian Consumer Law (or any liability
    under them) which by law may not be limited or excluded.
    </li>
    <li>
    9.4. Subject to this clause, and to the extent permitted by law:
    (a) all terms, guarantees, warranties, representations or
    conditions which are not expressly stated in these Terms
    are excluded; and
    (b) Rowing Planner will not be liable for any special, indirect
    or consequential loss or damage (unless such loss or
    damage is reasonably foreseeable resulting from our
    failure to meet an applicable Consumer Guarantee), loss
    of profit or opportunity, or damage to goodwill arising out
    of or in connection with the purchased products or these
    Terms (including as a result of not being able to use the
    Purchase Services or the late supply of the Purchase
    Services), whether at common law, under contract, tort
    (including negligence), in equity, pursuant to statute or
    otherwise.
    </li>
    <li>
    9.5. Use of the Website, the Application, and any of the
    products of Rowing Planner is at your own risk. Everything on
    the Website, the Application, and the Products of Rowing
    Planner, are provided to you on an "as is" and "as available"
    basis, without warranty or condition of any kind. None of the
    affiliates, directors, officers, employees, agents, contributors,
    third party content providers or licensors of Rowing Planner
    make any express or implied representation or warranty about its
    Content or any products or purchased services (including the
    Application) referred to on
    the Website. This includes (but is not restricted to) loss or
    damage you might suffer as a result of any of the following:
    (a) failure of performance, error, omission, interruption,
    deletion, defect, failure to correct defects, delay in
    operation or transmission, computer virus or other harmful
    component, loss of data, communication line failure,
    unlawful third party conduct, or theft, destruction, alteration
    or unauthorised access to records;
    (b) the accuracy, suitability or currency of any information on
    the Website, the Application, or any of its Content
    related products (including third party material and
    advertisements on the Website);
    (c) costs incurred as a result of you using the Website, the
    Application or any of the Products;
    (d) the Content or operation in respect to links which are
    provided for the User's convenience;
    (e) any failure to complete a transaction, or any loss arising
    from e-commerce transacted on the Website; or
    (f) any defamatory, threatening, offensive or unlawful conduct
    of third parties or publication of any materials relating to or
    constituting such conduct.
    </li>
</ul>
</p>

<p> 
10. Limitation of Liability
<ul>
    <li>
    10.1. Rowing Planner's total liability arising out of or in connection
    with the Purchased Services or these Terms, however arising,
    including under contract, tort (including negligence), in equity,
    under statute or otherwise, will not exceed the most recent
    Purchase Price paid by you under these Terms or where you
    have not paid the Purchase Price, then the total liability of
    Rowing Planner is the resupply of information or Purchased
    Services to you.
    </li>
    <li>
    10.2. You expressly understand and agree that Rowing Planner, its
    affiliates, employees, agents, contributors, third party content
    providers and licensors shall not be liable to you for any direct,
    indirect, incidental, special consequential or exemplary
    damages which may be incurred by you, however caused and
    under any theory of liability. This shall include, but is not limited
    to, any loss of profit (whether incurred directly or indirectly), any
    loss of goodwill or business reputation and any other intangible
    loss.
    </li>
    <li>
    10.3. Rowing Planner is not responsible or liable in any manner for
    any site content (including the Content and Third Party Content)
    posted on the Website or in connection with the Purchased
    Services, whether posted or caused by users of the website of
    Rowing Planner, by third parties or by any of the Purchased
    Services offered by Rowing Planner.
    </li>
</ul>
</p>

<p> 
11. Termination of Contract
<ul>
    <li>
    11.1. The Terms will continue to apply until terminated by either you or
    by Rowing Planner as set out below.
    </li>
    <li>
    11.2. If you want to terminate the Terms, you may do so by:
    Your notice should be sent, in writing, to Rowing Planner via the
    'Contact' link on our homepage.
    (a) notifying Rowing Planner at any time; and
    (b) closing your accounts for all of the Purchased Services
    which you use, where Rowing Planner has made this
    option available to you.
    </li>
    <li>
    11.3. 	Rowing Planner may at any time, terminate the Terms with you if:
    (a) you have breached any provision of the Terms or intend to
    breach any provision;
    (b) Rowing Planner is required to do so by law;
    (c) the partner with whom Rowing Planner offered the
    Purchased Services to you has terminated its relationship
    with Rowing Planner or ceased to offer the Purchased
    Services to you;
    (d) Rowing Planner is transitioning to no longer providing the
    Purchased Services to Users in the country in which you
    are resident or from which you use the service; or
    (e) the provision of the Purchased Services to you by Rowing
    Planner is, in the opinion of Rowing Planner, no longer
    commercially viable.
    </li>
    <li>
    11.4. Subject to local applicable laws, Rowing Planner reserves the
    right to discontinue or cancel your membership to the Website at
    any time and may suspend or deny, in its sole discretion, your
    access to all or any portion of the Website or the Purchased
    Services without notice if you breach any provision of the Terms
    or any applicable law or if your conduct impacts Rowing
    Planner's name or reputation or violates the rights of those of
    another party.
    </li>
    <li>
    11.5. When the Terms come to an end, all of the legal rights,
    obligations and liabilities that you and Rowing Planner have
    benefited from, been subject to (or which have accrued over time
    whilst the Terms have been in force) or which are expressed to
    continue indefinitely, shall be unaffected by this cessation, and
    the provisions of this clause shall continue to apply to such
    rights, obligations and liabilities indefinitely.
    </li>
</ul>
</p>

<p> 
12. Indemnity
<ul>
    <li>
    12.1. You agree to indemnify Rowing Planner, its affiliates,
    employees, agents, contributors, third party content providers
    and licensors from and against:
    (a) all actions, suits, claims, demands, liabilities, costs,
    expenses, loss and damage (including legal fees on a full
    indemnity basis) incurred, suffered or arising out of or in
    connection with any Content you post through the
    Website or Purchased Services;
    (b) any direct or indirect consequences of you accessing,
    using or transacting on the Website or Purchased Services or attempts 
    to do so and any breach by you or your agents of these Terms;
    and/or
    (c) any breach of the Terms.
    </li>
</ul>
</p>

<p> 
13. Dispute Resolution
<ul>
    <li>
    13.1. Compulsory:
    If a dispute arises out of or relates to the Terms, either party may
    not commence any Tribunal or Court proceedings in relation to
    the dispute, unless the following clauses have been complied
    with (except where urgent interlocutory relief is sought).
    </li>
    <li>
    13.2. Notice:
    A party to the Terms claiming a dispute (' Dispute') has arisen
    under the Terms, must give written notice to the other party
    detailing the nature of the dispute, the desired outcome and the
    action required to settle the Dispute.
    </li>
    <li>
    13.3. Resolution:
    On receipt of that notice ('Notice') by that other party, the parties
    to the Terms ('Parties') must:
    (a) Within 30 days of the Notice endeavour in good faith to
    resolve the Dispute expeditiously by negotiation or such
    other means upon which they may mutually agree;
    (b) If for any reason whatsoever, 90 days after the date of the
    Notice, the Dispute has not been resolved, the Parties
    must either agree upon selection of a mediator or request
    that an appropriate mediator be appointed by the
    President of the Australian Mediation Association or his or
    her nominee;
    (c) The Parties are equally liable for the fees and reasonable
    expenses of a mediator and the cost of the venue of the
    mediation and without limiting the foregoing undertake to
    pay any amounts requested by the mediator as a pre-
    condition to the mediation commencing. The Parties must
    each pay their own costs associated with the mediation;
    (d) The mediation will be held in Victoria, Australia.
    </li>
    <li>
    13.4. Confidential:
    All communications concerning negotiations made by the
    Parties arising out of and in connection with this dispute
    resolution clause are confidential and to the extent possible,
    must be treated as "without prejudice" negotiations for the
    purpose of applicable laws of evidence.
    </li>
    <li>
    13.5. Termination of Mediation:
    If 3 months have elapsed after the start of a mediation of the
    Dispute and the Dispute has not been resolved, either Party may
    ask the mediator to terminate the mediation and the mediator
    must do so.
    </li>
</ul>
</p>

<p> 
14. Venue and Jurisdiction
<ul>
    <li>
    14.1. In the event of any dispute arising out of or in relation to the Website or Purchased Services, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
    </li>
</ul>
</p>

<p> 
15. Governing Law
<ul>
    <li>
    15.1. The Terms are governed by the laws of Victoria, Australia. Any dispute,
    controversy, proceeding or claim of whatever nature arising out of or in any way
    relating to the Terms and the rights created hereby shall be governed,
    interpreted and construed by, under and pursuant to the laws of Victoria,
    Australia, without reference to conflict of law principles, notwithstanding
    mandatory rules. The validity of this governing law clause is not contested. The
    Terms shall be binding to the benefit of the parties hereto and their successors
    and assigns.
    </li>
</ul>
</p>

<p> 
16. Independent Legal Advice
<ul>
    <li>
    16.1. Both parties confirm and declare that the provisions of the Terms are fair and
    reasonable and both parties having taken the opportunity to obtain independent
    legal advice and declare the Terms are not against public policy on the grounds
    of inequality or bargaining power or general grounds of restraint of trade.
    </li>
</ul>
</p>

<p> 
17. Severance
<ul>
    <li>
    17.1. If any part of these Terms is found to be void or unenforceable by a Court of
    competent jurisdiction, that part shall be severed and the rest of the Terms shall
    remain in force.
    </li>
</ul>
</p>