Terms and Conditions

1. Introduction

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website www.johnnovaksport.com, including all pages within this website (collectively referred to herein below as this “Website”) and connected to this website. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 16 years of age), and you must not use this Website if you are a minor.

2. Intellectual Property Rights

Other than content you own, which you may have opted to include on this Website, under these Terms, John Novak Sport, Boomerang Effect Pty Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media; 2. selling, sublicensing and/or otherwise commercialising any Website material; 3. publicly performing and/or showing any Website material; 4. using this Website in any way that is, or may be, damaging to this Website; 5. using this Website in any way that impacts user access to this Website; 6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; 7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; 8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and Boomerang Effect Pty Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

4. Your Content

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Boomerang Effect Pty Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. Boomerang Effect Pty Ltd reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and Boomerang Effect Pty Ltd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall Boomerang Effect Pty Ltd nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Boomerang Effect Pty Ltd including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent Boomerang Effect Pty Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

Boomerang Effect Pty Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

10. Assignment

Boomerang Effect Pty Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Boomerang Effect Pty Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

12. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of NSW, Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in NSW, Australia.

13. Disclaimer- Individual results may vary

  • This information is not a substitute for medical advice. If you have or suspect you have a medical issue, consult your doctor or health care professional. In addition, the Website, johnnovaksport.com or Boomerang Effect Pty Ltd including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website and are in no way responsible for any ill effects that come from following the information contained in this website.
  • You acknowledge that you use this service and products at your own risk. All the information, techniques, skills and concepts contained within this website are of the nature of general comment only and are not in any way recommended as individual advice. The intent is to offer a variety of information to provide a wider range of choices now and in the future, recognising that we all have widely diverse circumstances and viewpoints. Should any reader choose to make use of the information contained herein, this is their decision and the author and publishers do not assume any responsibilities whatsoever under any condition or circumstances.
  • Every person or team is different, employing different strategic approaches, training regimes, training methods within varying teams and organisational systems. Therefore, individual results will vary from user to user. Your individual or team results will vary depending upon a variety of factors unique to yourself or your team including but not limited to your training regimes, coaching staff, athletic ability, capacity and commitment to complete and continually apply all components of the programs offered.
  • John Novak Sport, trading as “Boomerang Effect Pty Ltd” can not and does not promise or make any guarantees about your ability to get results with our coaching, ideas, information, tools or strategies. Nothing in this page, or any of our websites, or any of our content or curriculum is a promise or guarantee of results, and we do not offer any legal, medical, or other professional advice. Any results referenced here, or on any of our websites, are illustrative of results that others that we have worked with have received and should not be considered average results or promises for actual or future performance.

14.Terms of Use

Copyright
You acknowledge that:
  • The copyright, database rights and all other intellectual property rights comprised in or relating to this Website (including in the information and content it contains, its name and logo) belongs to Boomerang Effect Pty Ltd, johnnovaksport.com, its licensors or persons listed or advertising on the Website. You do not obtain any interest in that property and you must not do anything which breaches or otherwise interferes with those rights.
  • com grants you a non-exclusive licence to access and use the content of the website for your personal purposes. You may not use, reproduce or distribute any part of the content for commercial or public purposes including for team use unless express permission is sort and granted by Boomerang Effect Pty Ltd via support@boomerangeffect.com.au
  • All rights reserved. No part of this website may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission from both the copyright owner and publisher.
  • Members of the Mindgym are permitted to print or download worksheets from this website for your personal use only. None of this downloaded material may be used for any commercial or public use.
  • Neither the website nor any part of it nor any of the information or material appearing on the website may be reproduced, stored in or transmitted on any other website without written permission of johnnovaksport.com and payment of a specified fee. Requests to republish any material may be made via support@boomerangeffect.com.au

15. Contact Us

All correspondence to the Company, including any queries you may have regarding your use of this Website, complaints or this Privacy Policy (including an APP), should be sent to the address details below. We will endeavour to respond to your query or complaint within 21 days of receipt and will work with you to resolve any complaints.

Email: support@boomerangeffect.com.au
OR

Address:
Customer Service
Boomerang Effect Pty Ltd
PO Box 639,
Botany,
NSW, Australia, 1455.

Last updated: 25th June 2019