TERMS AND CONDITIONS
The Elite Athlete Transformation Program (the “Program”) is provided by Brandnew Athlete Inc. (“Brandnew”), a company incorporated under the laws of British Columbia (BC1035615) with its registered office at 3106-1033 Marinaside Crescent, Vancouver BC Canada V6Z 3A3. https://brandnewathlete.com/ is operated by Brandnew.
These Terms and Conditions (the "Online Terms"), apply to the sale of the Program. By ordering the Program, you are confirming your agreement to be bound by the Online Terms.
To register for the Program you must be over eighteen years of age unless you have the explicit permission of your parent or guardian. You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform Brandnew immediately of any changes to the information that you provided when registering by updating your personal details in order that Brandnew can communicate with you effectively.
All user accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. Brandnew may require users to re-validate their account if Brandnew believe they have been using an invalid email address.
You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify Brandnew by contacting [email protected] immediately.
If Brandnew has reason to believe that there is likely to be a breach of security or misuse of the Program or the Brandnew website, Brandnew may require you to change your password or Brandnew may suspend your account.
Purchasing and Confirmation
When you place an order for the Program, you are offering to purchase that Program on the Online Terms. A legally binding agreement comes into existence once:
- Brandnew has received from you (or on your behalf) the Program fees; and
- Brandnew has accepted your offer to purchase the Program by sending you an order confirmation email which will provide you with a link to access the Program, along with log on details (if applicable).
The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between Brandnew (the “Contract”) and supersedes and replaces any other terms and conditions previously published by Brandnew and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by Brandnew to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by Brandnew or on our behalf, which is not set out in the Contract.
You must check the details on the order confirmation email when you receive it. If there are any errors, please contact Brandnew immediately at [email protected] .
Program Content and Access terms
Upon receipt of an order confirmation email from Brandnew you will be notified that you have access to the Program. In addition to the Program, you will be invited to join Brandnew’s private Facebook group (the “Group”).
Access to the Program and the Group is personal to you and you may not share or transfer your rights to access the Program or the Group, or provide the Program to any other person.
You may incur charges to your internet service provider while you are accessing and/or downloading Program or Program materials. You are responsible for paying any such charges.
Modifications to Program or technology enhancements
From time to time, Brandnew may make modifications or enhancements to the Program. You will have access to such changes free of charge.
You may withdraw from the Program at any time. However, once you are registered, you will not receive a refund for any reason.
Intellectual Property and Licence To Use
All copyright, trademarks and all other intellectual property rights to the Program (including, without limitation, design, brands, logos, text, artwork, photographs, images, audio material, video material, audio-visual material, graphics and all software and source codes connected with the Program) are owned by or licensed to Brandnew or otherwise used by Brandnew as permitted by law. Other than the rights of use set out below, all such rights in respect of Brandnew’s intellectual property are reserved.
In consideration of receipt by Brandnew of the Program Fee, you may view, print and download material from the Program for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Online Terms.
You must not:
republish, sell, or sublicense any Program materials;
use any part of the Program materials for a commercial purpose;
redistribute Program materials;
modify the paper or digital copies of any Program materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Brandnew takes the protection of its intellectual property very seriously. If Brandnew discovers that you have used its copyright materials, trademarks and/or other intellectual property rights in contravention of the permitted uses set out in these Online Terms, Brandnew may pursue action against you or bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
Brandnew will use reasonable endeavours to make the Program available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. Brandnew reserves the right to suspend access to the Program for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve performance or functionality.
You also accept and acknowledge that Brandnew cannot be held responsible for any delay or disruptions to your access to the Program as a result of such suspension or any of the following:
- the operation of the internet and the world wide web, including but not limited to viruses;
- any firewall restrictions that have been placed on your network or the computer you are using to access the Program;
- failures of telecommunications links and equipment; or
- updated browser issues
Links To Third Party Websites or Resources
Where the Program contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only. Any link to other websites or resources is not an endorsement of such websites or resources and Brandnew makes no representations about them or any material contained in them. Brandnew has no control over the contents of those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access a third party website linked to from the Program, it is at your own risk.
Disclaimer of Warranties
While reasonable effort has been made to ensure the accuracy of the content of the Program, Brandnew not responsible for any errors or omissions appearing in such content. To the fullest extent permitted by law, Brandnew does not warrant and hereby disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, for any particular purpose or satisfactory quality of the Program or any part thereof. The Program is provided on an ‘as is’ basis without warranties of any kind. You are accessing and participating in the Program at your own risk. Furthermore, Brandnew disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, loss of data or information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with Program to include any reliance placed by such person on the Program, or the viewing, use or performance of the Program, whether with the required authority or otherwise. To the fullest extent permitted by law, Brandnew does not warrant and hereby disclaims any warranty, that the Program or any part thereof or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that Program and the server it is stored on is and will be free of all viruses, worms and/or other harmful or invasive elements. Brandnew reserves the right to revise, amend, alter the Program, or any part thereof, provided herein at any time, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.
Limitation of Liability
Brandnew’s maximum aggregate liability to you for any claims that you may have against Brandnew for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Program, and your use of the Program materials are limited to the amount of the Program fee which has been paid, by you.
No failure or delay by Brandnew in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by Brandnew in writing.
If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
This Contract will be deemed to have been made and performed exclusively in the Province of British Columbia, Canada, and will be governed by and construed under the laws of that jurisdiction. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim related to this Contract or the Program and agree not to bring any action, claim, suit or proceeding against Brandnew, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of British Columbia