These terms and conditions of use (“Terms of Use”) apply to your participation in the World Rugby High Performance Academy (the “Academy”) and your use of the site at hpacademy.world.rugby through which the Academy operates (the “Site”).

The Academy is owned and operated by World Rugby Limited (“World Rugby”, “we” or “us”) and the Site is made available by World Rugby with the support of Blue Sky Creations Pty Limited (ABN: 68 612 240 990) trading as Coach’s Companion (“Coach’s Companion”).

Please make sure you read these Terms of Use carefully before using the Site. By participating in the Academy and using the Site (in both cases in any capacity) you confirm that you accept and agree to, and agree to be bound by, these Terms of Use. If you do not agree to any or all of these Terms of Use, you should not continue to use the Site and should instead contact World Rugby to outline your concerns.

These Terms of Use may be updated from time to time and any such changes will be brought to your attention.

Privacy

Any personal or private information about you which is processed in the context of your participation in the Academy and use of the Site will be processed by World Rugby in accordance with its Academy privacy statement which is available here, and, wherever applicable, by Coach’s Companion in accordance with its privacy statement which is available here.

For more general information on how your personal information might be processed by World Rugby, on World Rugby’s privacy practices and policies and on how you can exercise your rights, please see here.

Terms and Conditions

By accessing the Site and participating in the Academy, accessing any text, graphics, images, audio, video, software, data compilations and any other form of information or content (“Content”) made available, distributed or shared on the Site or sharing any Content which you create with World Rugby for distribution or sharing on the Site or Content which you post directly onto or disseminate via the Site (“Contributed Content”), you agree and understand as follows:

Use of the Site

1. To comply with the terms of service prescribed by Coach’s Companion. with respect to use of the Site, the current version of which is available here;

2. That you are being provided with access to the Site strictly for the following purposes (the “Permitted Purposes”): (i) to provide you with access to educational and learning Content made available to you by World Rugby and it’s Academy contributors (“Academy Contributors”) via the Site so that you can avail of opportunities to receive mentorship and guidance on high performance practices and other best practice in the context of high performance in rugby; and (ii) to provide you with an opportunity to share Contributed Content and interact with other Academy participants and Site users (“Academy Participants”) via the Site.

Use of Content

3. That under no circumstances are you permitted to use any Content for any purpose other than the Permitted Purposes. In particular, save as strictly necessary in connection with the Permitted Purposes and as approved by World Rugby, that you will not (i) download, copy, transmit, retransmit, transfer, distribute, publish, republish, reproduce, or disclose any Content or otherwise deal in any way with the Content via any method or forum other than through the Site or (ii) modify, plagiarise, rebrand, repurpose or commercially exploit any Content in any way.
4. That you will not use the Content or publish or distribute any Contributed Content in any way that may bring World Rugby, its commercial partners, or the game of rugby into disrepute.
5. That you will not use the Site or any Content (including by the publication, sharing or dissemination of Contributed Content) in connection with any other content or publication which is illegal, libelous, defamatory, derogatory, discriminatory, offensive, obscene, profane, pornographic, abusive, or otherwise conflicts with commonly accepted moral standards
6. That you will not publish Content (including Contributed Content) in any forum in a manner that discriminates, offends, demeans or ostracizes an individual, team or group, or include Content in any post, publication or other communication which has or is intended to have any such effect.
7. That you will not use or publish any Content (including Contributed Content) in any forum in a manner that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary, contractual or legal right of any party or that violates any applicable law or regulation.

Contributed Content

8. That you agree to follow the protocols communicated to you by World Rugby regarding your sharing of Contributed Content with us and/or your posting or publication of Contributed Content. You shall not use your Site account to attempt to distribute Contributed Content.
9. That, by sharing Contributed Content with World Rugby for publication on the Site, or by posting Contributed Content directly onto, or disseminating Contributed Content via the Site, you are confirming as follows:
   • That World Rugby has the right (without being subject to the payment of any fee, charge, cost or expense) to use the Contributed Content on the Site and/or in connection with the Academy and to make such Contributed Content available to all other Academy Participants either in edited or unedited form;
   • That you have the right to post, publish or disseminate such Contributed Content on or via the Site without infringing any applicable laws or the rights or interests of any third party;
   • That you have obtained the consent of all individuals (and, in the case of any individual under the age of 18, a parent or guardian of that individual) who appears, is depicted or referenced or has their personal data referenced in the Contributed Content to the distribution and use of the Contributed Content for the purposes referenced in sub-paragraph (a) above;
   • That all necessary clearances, waivers, consents, releases and any other permissions required for you to provide the Contributed Content to World Rugby and for World Rugby to use and distribute the Contributed Content in the manner described in sub-paragraph (a) above;
   • That World Rugby can use and distribute your Contributed Content in the in the manner described in sub-paragraph (a) above without infringing the rights (including intellectual property rights and other property rights) of any third party or any provision of applicable law.
10. That you will not send World Rugby, or publish onto or disseminate via the Site, any Contributed Content in a manner that (a) discriminates, offends, demeans or ostracizes an individual, team or group, or include Content in any post, publication or other communication which has or is intended to have any such effect, or (b) impersonates any person or entity, including, but not limited to, a World Rugby employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
11. That no Contributed Content that you send to World Rugby or publish onto or disseminate via the Site shall breach any acceptable usage rules set out in the Coach’s Companion Terms of service.
12. That you agree that you will not, in any circumstance, send World Rugby, or publish onto or disseminate via the Site any Contributed Content that:
    • is unlawful, obscene, abusive, threatening, harassing, defamatory, ageist, sexist or racist, which depicts exploitation of minors in any way or which is otherwise objectionable or offensive;
    • infringes any patent, trademark, trade secret, copyright, publicity or other proprietary, contractual, or legal right of any party or that violates any applicable law or regulation.;
    • directly or indirectly suggests any endorsement or approval by World Rugby of a product or service or any non-World Rugby entity, product or content or any belief or opinion expressed within a product or service;
    • constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
    • interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies, or regulations of networks connected to the Site;
13. That you will take full responsibility for any offence, damage, suffering or loss caused to any third party, and/or any objection, complaint or claim made by any third party relating to any Contributed Content which you publish on the Site and/or send to World Rugby for distribution on the Site.
14. That you acknowledge that World Rugby does not, and is not obliged to, actively monitor Contributed Content for compliance with these Terms of Use but that, notwithstanding this, any Contributed Content you send to World Rugby or publish or post onto, or disseminate via the Site may be modified by World Rugby in any way and for any purpose.

Prohibited Actions

15. That you will not share your access to the Site with any other person without the express permission of World Rugby.
16. That you will not do anything which is inconsistent with the ownership of World Rugby, and, as applicable, Coach’s Company and any relevant Academy Contributors in the Site, the Academy and/or the Content;
17. That you will not (i) sublicense, transfer or distribute the Site or your right to access it to any third party in any manner; (ii) create derivative works of the Site; (iii) use, evaluate or view the Site for the purpose of designing or creating a product or service competitive to Site (iv) reproduce or copy the Site in any manner; (iv) rent, lease, or resell the Site; (v) modify, decompile, disassemble, or otherwise reverse engineer the Site; or (vi) use the Site for timesharing or service bureau purposes.

Conditions of use

18. That compliance with the undertakings in paragraphs 1 to 17 above is a condition of your invitation to access the Site and access and use the Content. In the event of any breach by you of these undertakings, World Rugby will have the right, without prejudice to any other rights or remedies of World Rugby, to remove you from the Site, revoke your access to the Content, revoke your ability to post Content on your platforms and channels, and/or to require you to remove previously posted Content from any or all of your platforms and channels.

19. That your continued invitation to participate in the Academy and use the Site is conditional on you having a role, or participating, in a High Performance programme instituted by World Rugby or by one of its designated member Unions. World Rugby reserves the right to remove you from the Site and discontinue your participation If you cease to have a role, or be a participant in, a relevant High Performance Programme.

Ownership and Content

20. That all rights, title and interest (including all copyright, moral rights and other intellectual property rights) in the Site and/or all Content are asserted and reserved by, and remain vested in, World Rugby, or, as applicable, Coach’s Companion or the Academy Contributors who created the relevant Content;
21. That Academy Contributors have provided consent for their content to be used within the Site and for the purposes of the Academy only, and that use of such content outside of such purposes is a potential breach of their data protection rights and/or their property rights;
22. That any third party trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. World Rugby is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only;

Disclaimers

23. That World Rugby is not in a position to guarantee or warrant that the Site or Content will be free of error or available on a continuing basis and that delays or failures of access may be caused due to internet traffic, security protocols and other factors (whether within or outside of World Rugby’s control).
24. That World Rugby does not warrant the accuracy, completeness, reliability, or usefulness of the Content and that any reliance you place on the Content is at your own risk;
25. That all statements and opinions expressed by Academy Contributors within their Content are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of World Rugby;
26. That the Site and all Content are made available to you on an “as is” and “as available” basis and all warranties whether express or implied with respect to the performance, lawfulness, quality, fitness for purpose of the Content and Greenly Platform are disclaimed to the greatest extent permitted by applicable law.

Liability and indemnity

27. That World Rugby will not in any event be liable to you for any losses or damages whatsoever (whether direct, indirect, inconsequential or otherwise, including, without limitation, loss of connectivity, data or profits) arising from the manner in which you use the Content, whether in action of contract, negligence or other action.
28. That, as a condition of use of the Site and of the Content, you agree to indemnify World Rugby and its affiliates, officers, employees and agents from and against any and all liabilities, other expenses (including costs and legal fees) and damages arising out of claims resulting from your breach of these Terms of Use.

You further agree that all use by you of the Site will constitute an agreement between World Rugby and you on and subject to these Terms of Use. You agree that this agreement is shall be governed by the laws of England and Wales without regard to conflicts of law principles and that any disputes arising in connection with this agreement shall be exclusively subject to the jurisdiction of the courts of England and Wales.

If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.