2. Acceptance of Terms.
2.3. You are expected to check this page from time to time to take notice of any changes nox has made, as they are binding on you.
3. Use and Restrictions.
3.1. The Sites and apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and apps under applicable laws.
5.1. All trademarks, service marks, trade names, logos and intellectual property, whether registered or unregistered (collectively the "Marks") that appear on the Sites and apps are proprietary to Ispire or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Ispire, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, intellectual property, copyright, and various other intellectual property rights and unfair competition laws.
5.2. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or intellectual property of Inpsire or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ispire.
6. Your Account
6.1. If you purchase products or services through your account using the Sites and/or apps, you must establish an account with nox. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your e-mail address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and apps that occur under your account or your account password.
6.2. You agree to immediately notify nox of any unauthorized use of your password or account or any other breach of security by contacting Ispire. Nox has the right to disable any account or password at any time, for any reason.
7. Terms of Sale
7.1. All merchandise sales from the Sites or apps are governed by any terms of sale that may be posted on the Sites and apps. You should refer to our terms of sale to learn more about applicable warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the merchandise, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in nox’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our online shopping sections of the Sites.
8. Electronic Communications
8.1. You consent to receive electronic communications from nox either in the form of e-mail, SMS or messaging platform sent to you at the e-mail address or mobile phone number listed on your sale or by communications posted on the Sites or apps for any purpose. You acknowledge and agree that any electronic communication in the form of such e-mail, SMS, messaging or posting on the Sites and apps shall satisfy any legal requirement that such communication be in writing.
9.5. You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or apps or otherwise have the right to grant the Licenses to nox set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites, apps does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Sites or apps. When submitting Submissions to or otherwise using the Sites, apps and/or the services, you agree not to, without limitation:
9.5.1. use the Sites or apps in a manner that uses technology or other means to access the Sites or apps, or other content that is not authorized by nox;
9.5.2. use a false e-mail address, mobile phone number, impersonate any person or entity, or otherwise mislead as to the origin of content.
9.5.3. take any action that imposes or may impose (in nox’s sole discretion) an unreasonably or disproportionately large load on nox’s infrastructure;
9.5.4. attempt to gain unauthorized access to nox computer network or user accounts;
9.5.5. encourage conduct that would constitute a criminal offense, or that gives rise to civil liability;
9.5.6. attempt to damage, disable, overburden, or impair nox servers or networks;
9.5.7. fail to comply with applicable third party terms;
9.5.8. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
9.5.9. use racially, ethnically, or otherwise offensive language;
9.5.10. discuss or incite illegal activity;
9.5.11. use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
9.5.12. post anything that exploits children or minors or that depicts cruelty to animals;
9.5.13. post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights; post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
9.5.14. disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;
9.5.15. use any robot, spider, scraper or other automated means to access the Sites or apps; and
9.5.16. alter the opinions, goals, profiles or comments posted by others on the Sites or apps.
9.6. This list of prohibitions provides examples and is not complete or exclusive. nox reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites or apps (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that nox determines is inappropriate or disruptive to this Sites or apps or to any other user of the Sites, apps and/or services. nox may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at nox's discretion, nox will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites, apps or on the Internet.
9.7. nox takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, nox is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.
9.8. These prohibitions do not require nox to monitor, police or remove any Submissions or other information submitted by you or any other user.
9.9. nox prohibits crawling, scraping, caching or otherwise accessing any content on the Sites or apps via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with nox's express consent).
9.10. It is nox's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, nox does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that nox is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
10.1. Any Content offered or posted on the Sites or apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, nox reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any merchandise, products, services or Content offered through the Sites or apps, at any time and from time to time.
12. Links to Third Party Websites
12.1. The Sites or apps may contain links to websites and other resources operated by third parties other than nox. Such links are provided solely as a convenience to you. Nox does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites or apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.
13. Linking to the Sites
14. Viruses, Hacking, Malware, Ransomware and Other Offences
14.1. You must not misuse our Sites or apps by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
14.2. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.
15. Warranties and Disclaimer
15.3. IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. NOX THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOX RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.
15.4. Minor differences in color and other variations in products are possible as a result of different IMAGE ACQUISITION, display technologies or other technical reasons. nox is not liable for these variants and deviations.
15.5. IN ADDITION, IF AN ITEM OR MERCHANDISE BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED, NOX MAY TERMINATE THE ORDER BY GIVING YOU WRITTEN NOTICE. IN SUCH EVENT, NOX WILL CONTACT YOU TO ARRANGE FOR A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE SUBJECT TO THE TERMS AND CONDITIONS RELATED TO THE NOX SHOP.
18. No Partnership
19. Entire Agreement
20. Governing Law
1. Compliance with Laws
By purchasing a good, product or merchandise ("merchandise") offered by nox, you are certifying and representing to nox that the activities in connection with your purchase will comply with these terms and conditions, all applicable laws, rules and regulations, and that you will not in any manner mislead, deceive, unfairly or others cause harm to nox and its founders. In addition, you agree to defend and indemnify nox, its founders, directors and officers and its subsidiaries and affiliates (if any) (collectively referred to as “nox”) from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the nox shop or violation of the Terms and Conditions. You agree to release nox from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the nox shop or violation of any of the Terms and Conditions.
2. Purchase Inquiries
For inquiries please contact us.
All returns of merchandise made through nox shop should be made within fourteen (14) calendar days with a valid receipt and will result in credit to your next purchase in the amount of the merchandise (“credit note”). In any event, no amount of individual return should exceed US$100 or its Sterling equivalent and no group returns should exceed US$200 its Sterling equivalent.
If you wish to make a return, please e-mail firstname.lastname@example.org.
4. Risk of Loss
The risk of loss and title for merchandise pass to the purchaser upon sale. nox is not responsible if your merchandise is lost, stolen, destroyed or used without your permission. If nox cannot trace your merchandise, no refund is available.
You are responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against Us.
While nox makes every effort to ensure that all information displayed on our Site is correct, occasionally the image of an item, its listed price, its description or available quantities may appear different online. To continue our commitment of providing you with the best possible service, nox will inform you of any known discrepancies when you place your order or as quickly as reasonably possible thereafter. We reserve the right to cancel or modify promotions at any time due to system or typographical error, fraud or other unforeseen problems. We reserve the right to change prices on the Site at any time and in good faith allow you to re-consider purchasing the merchandise unless the merchandise is already being delivered.
When processing multiple orders from the same household and being delivered to the same address, we may combine orders into one package to increase efficiency and reduce waste.
Nox shall not be liable for any telecommunication problems that causes you to fail to purchase a merchandise with limited stock.
Nox merchandise purchased from other retailers is subject to the policies of those merchants. Please refer to their websites for further information.
7. Limitation of Liability
NOX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THE MERCHANDISE DOES NOT FUNCTION ACCORDING TO ITS INSTRUCTIONS, YOUR SOLE REMEDY, AND NOX’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MERCHANDISE OR THE PRICE OF THE MERCHANDISE AT NOX’S SOLE DISCRETION. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SHALL BE AMENDED TO COMPLY WITH THESE LAWS.
8. General Terms
When you purchase, receive or redeem a credit note, you agree that English laws, without regard to principles of conflict of laws, will govern the merchandise sold in the nox shop. nox reserves the right to change the Terms and Conditions related to the nox shop from time to time in its discretion.
In the event of any dispute, the decision of nox is final.
Where a dispute relating in any way to the nox shop escalates to legal proceedings, the legal proceedings shall be adjudicated in the English Courts and you consent to the exclusive jurisdiction and venue of such courts.
Updated as of 23rd December 2021
Bespoke Training Programme
Your continued use of the Site and/or the Services either on and after the Effective Date above constitutes Your expressed acceptance of, and agreement to be bound by, the Terms and Conditions, as in force from time to time.
YOU UNDERSTAND THAT BY USING THE SITE AND/OR THE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES AFTER THE EFFECTIVE DATE.
IF YOU AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF AN ENTITY, ORGANIZATION OR INSTITUTION, OR IN CONNECTION WITH RECEIVING SERVICES ON BEHALF OF AN ENTITY, ORGANIZATION OR INSTITUTION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY, ORGANIZATION OR INSTITUTION TO THE TERMS AND CONDITIONS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY, ORGANIZATION OR INSTITUTION.
1.1. Confidential Information – means all material non-public business-related information, written or oral, whether or not it is marked as confidential, disclosed or made available to You, directly or indirectly, through any means of communication for Your benefit, but does not include information that:
1.1.1. is or becomes publicly known through no wrongful act of You,
1.1.2. You received in good faith on a non-confidential basis from a source other than the nox and/or its representatives,
1.1.3. was in the Your possession before its disclosure by nox and/or its representatives,
1.1.4. nox has explicitly approved, by Notice to you, for release to a third party.
1.2. Effective Date – means the day in which You sign up for our subscription services on the Site.
1.3. Subscription Fees – means collectively the Fees (including any charges or expenses) for Subscription Services and training Courses described herein.
1.4. Intellectual Property Rights – means all rights in and to any intellectual property, including all extensions to and derivatives of that property.
1.5. Services – means, collectively:
1.5.1. the services described herein based on Subscription Fees, and
1.5.2. any Additional Services,
1.5.3. the details for each of which are set out in this Terms and Conditions and in any other supplementary Agreement, and includes all deliverables.
2.1. Services description. nox is an online athletic subscription-based training provider that, subject to this Terms and Conditions, grants to its users a limited, non-exclusive, revocable, non-transferable, and non-sublicensable right to access the portion of multimedia content related to seminars, courses or any other training materials available on the Site, as designed by the Coaches.
2.2. Services delivery times and availability. Despite Our use of commercially reasonable efforts to enable the Site and the Services to be accessible (except for scheduled maintenance, required repairs, interruption due to causes beyond Our reasonable control, etc.), You expressly acknowledge that We do not promise, guarantee, or warranty any time frame for any of the Services provided. You further recognize that the traffic of data through the internet may cause delays during the download of information from the Site and, accordingly, it shall not hold Us liable for delays that are ordinary in the course of internet use.
2.3. Maintenance and changes. We are not obligated to maintain the Site and the Services or to maintain them in their present form. We may upgrade, modify, change or enhance the Site and/or the Services and convert Your account to a new version thereof at any time in Our sole discretion, to the extent that this is not detrimental to Your use of the Services and subject to reasonable prior notice to You.
2.4. Our training courses are provided through our Site to You, based on a Subscription Fee that is detailed hereinafter. The courses are subject to continuous updates, as training develops and/or modify over time. You understand and acknowledge that Your training courses are only valid and available for the period that you are signed up for and purchased in advance. To this purpose, You expressly agree to this term by agreeing with these Terms and Conditions, and/or by purchasing the training courses.
2.5. Disclaimer: The Coaches are trained athletics and do not claim to hold any psychology qualification or licensed practitioner.
3. ACCOUNT REGISTRATION
3.1. General. By registering for an account on the Site or by clicking to accept the Terms and Conditions when prompted on the Site, You are deemed to have executed this Terms and Conditions electronically, effective on the date You register Your account or click to accept the same Terms and Conditions.
3.2. Account eligibility. You shall not use the Site and/or the Services if You are under 18 (eighteen) years old unless you can provide to us a signed valid parental consent.
3.3. User information. You undertake to provide Your real name and personal information, keeping such data accurate and up-to-date, and being expressly understood that it is strictly forbidden to provide any false personal information, or create more than one personal account, or create an account for another person other than You (except as provided below for multi-user account)
3.4. Multi-user account (where applicable). If You act on behalf of an entity, organization, or institution, that subscribes to the Services for use by its constituents (including, without limitation, partners, employees, consultants, faculties, etc.) You will specify the number and the name of the authorized users, and the name of the multi-user account administrator. In any case, the represented entity will remain liable for all acts or omissions of any of the users above with respect to access and use of the Platform and/or the Services. If You register for a multi-user account, You will be also referred to as a “Corporate User”, otherwise You will be also referred to as an “Individual User”.
3.5. Username and password. When You register for an account, You will be asked to choose a username and password for the account, of which You are entirely responsible for safeguarding and maintaining the confidentiality thereof. You authorize Us to assume that any person using the Site with Your username and password, either is You or is authorized to act for You. You shall use a “strong” account password (e., that use a combination of upper- and lower-case letters, numbers and symbols), without sharing it to any third party or let anyone else access the account, or do anything else that might jeopardize the security thereof.
3.6. The Account is personal to You and cannot be assigned, transferred or lent to another person without Our prior written consent.
4. YOUR RESPONSIBILITIES
4.1. General. You are entirely responsible for the use of the Site and/or the Services and, to such purpose, You shall not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site and/or the Services for any activities that violate any applicable local, state, national, and international law, statute, rule, ordinance or regulation, or for any other illegal, fraudulent, harmful, or offensive purpose. You:
4.1.1. understand and undertake to use the Site and the Services only for your own benefit and/or for the entity, organization, or institution, that subscribes to the Services, and their specified members;
4.1.2. understand and acknowledge that ownership of all right, title and interest in the Site, the Services and the online training courses, and any idea and request you may have that may positively impact the Site is automatically transferred to nox;
4.1.3. acknowledge that the nox’s intellectual property is valid and protected world-wide; and
4.1.4. undertake to promptly notify nox upon discovery of any unauthorized use of the Site, the Services and/or the online training courses, and take reasonable steps to immediately stop such use and prevent further breach of this Agreement. You further agree to assist Us with any investigation We undertake and to take any remedial steps We require in order to correct a violation of these Terms and Conditions.
4.2. Prohibited use. Examples of prohibited uses of the Site or Services include:
4.2.1. using the Site and Your for any purpose other than the purposes specified herein;
4.2.2. reverse engineer, decompile or disassemble any samples, prototypes, software or other physical objects which embody the Site, the Services and the online training courses, or permit any third party to do the same;
4.2.3. including the Site or any part of it, the Services and/or the online training courses in any application for patent or utility model or design protection in any country filed by or on Your behalf;
4.2.4. using the Site, the Services and the online courses to manufacture, or enable manufacture by third parties, products that are derived from nox’s information or products;
4.2.5. copying and/ or reproducing any part of the Site, the Services and/or the online training courses without nox’s express written permission;
4.2.6. taking any action that infringes or violates the intellectual property rights (including, without limitations, copyrights, trademarks, etc.) of nox or another person, entity, service, product, or website;
4.2.7. uploading viruses or malicious codes, or take any other action on the Site that could anyway compromise any functionality thereof;
4.2.8. accessing any account belonging to someone else, or otherwise access the Site and/or the Services using any robot, spider, scraper, or other automated means to access the Site and/or the Services for any purpose;
4.2.9. transferring access privileges to a non-authorized third-party;
4.2.10. facilitating or encouraging any violations of the Terms and Conditions.
4.3. Injunctive Relief. A breach of any of the obligations contained herein will result in irreparable and continuing damage to nox for which there will be no adequate remedy at law, and nox shall be entitled to injunctive relief and/or a decree for specific performance and such other relief as may be proper (including monetary damages if appropriate).
4.4. If You breach any of the provisions of this Terms and Conditions, You shall be obliged to render an account to nox of all revenues deri