Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1. Who we are and how to contact us
- Esports Development is a brand name operated by DRUŠTVO SA OGRANIČENOM ODGOVORNOŠĆU ESPORTS DEVELOPMENT BEOGRAD.
- https://ctrlhealth.gg/ is a site (“Website”) is operated by DRUŠTVO SA OGRANIČENOM ODGOVORNOŠĆU ESPORTS DEVELOPMENT BEOGRAD, a limited liability company incorporated and registered in Serbia under company number 21858412 and have its registered office address Ljutice Bogdana 34, Belgrade 11 000, Republic of Serbia (“Esports Development”or “Company”, “we” or “us” ).
- Esports Development provides education curriculums for professionals in the esports health and performance industries empowering them to improve their mental, psychological and physical health.
- To contact us, please email to info@ctrlhealth.gg.
- By using the Website, you confirm that you accept these terms and conditions (“Terms”) of use and that you agree to comply with them. If you do not agree to these terms, you must not use the Website.
These terms of use refer to the following additional terms, which also apply to your use of the Website:
Our Privacy Notice. See further under How we may use your personal information https://ctrlhealth.gg/privacy-policy/
Our Cookie Notice, which sets out information about the cookies on the Website https://ctrlhealth.gg/cookies/
2. Agreed Terms
- By using this Website and/or any of the Esports Development online products or services, you signify your assent to these Terms, the Privacy Notice and Cookies Notice. If you do not agree to the Terms, the Privacy Notice or Cookies Notice, please do not use the Websites.
- These Terms are a legally binding agreement between any natural or legal person accepted by the Company as its User to whom Services will be provided by the Company under these Terms (the “User”).
- Subject to the Company’s final approval of the User’s account, the User enters into a legal and binding contract with the Esports Development by accepting these Terms on the Website at the time of signing up for an Account. The User confirms that he/she has read, understood and accepted all information, conditions and terms set out on the Website, including this Terms and Conditions and Privacy Notice and Cookies Notice (collectively referred to as the “Agreement”), copies of which are available to be reviewed and examined by the User and which include legal information.
- The Company agrees to provide the User with its Services subject to the User:
- legal competence and sound mind; and
- not residing in any country where the provision of the Company’s Services would be contrary to local law or regulation. It is the User’s responsibility to ascertain the terms of and comply with any local law or regulation to which they are subject.
- Subject to the above, the Company reserves the right, acting reasonably, to suspend or refuse access to and use of the User’s account to anyone at its sole and absolute discretion.
- In case the Company is deemed, for any reason, to provide any recommendation and/or advice, the User hereby agrees that any action and/or transaction effected either by adopting or ignoring any such recommendation and/or advice shall be deemed to have been affected by the User relying exclusively on his own judgement and the Company shall have no responsibility.
- By signing up and creating an account, we have a legitimate interest in communicating with you. We will support you and/or send you newsletters, push-messages and information materials in order to keep you up to date with our new features, news, products, events and the efficient provision of the full scope of our Services and send you marketing information in relation to our Services that we believe may be of interest to you.
- The User consents to unsolicited communication and agrees to be contacted during normal business hours for direct advertising without prior invitation by the Company.
- The User acknowledges that no representations were made to him/her by or on behalf of the Company, which have in any way incited or persuaded him to enter into this Agreement.
3. Registration on the Website
- When registering for an Account with the Company, the User provides his/her personal data and verifies their email address. We may not be able to proceed to offer our Services and the User may be unable to proceed with his/her account registration unless this necessary information is provided.
- The User agrees and accepts that upon registering an Account, the Company reserves the right to request supporting verification documents is such information is required either due to legal and/or regulatory obligations that the Company may have or if such information is necessary so as the Company may efficiently offer its services to the User. In case the User fails to provide the requested information within the specified timeframe, the Company shall be entitled to terminate this Agreement and immediately close and/or suspend the Account.
- Registration of a new Account is possible only if the email address was not used earlier when registering on the Website.
- Unless you prove otherwise, any actions taken from your Account on the Website are considered to be committed directly by you.
- You may not register as a user on behalf of another person (“fake account”) or use third-party accounts on the Website.
- You are responsible for securing your username and password of your Account. You hold sole responsibility for any damage caused due to any act or omission of yours causing inappropriate or irregular use of the Account.
4. Changes to the Terms
- We may update and change the Website from time to time to reflect changes to our business priorities. Every time you wish to use the Website, please check these Terms to ensure you understand the Terms that apply at that time.
- We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. How you may use material on the Website
- The User does not have the right, without the prior written approval of the Company, to publish in closed and/or open communication channels, transfer and/or resell to any third party the data and results of all the Services received from the Company.
- The User shall not reproduce, repeat, copy, sell, or use for any purpose the information and materials that became available to the User due to the provision of the Services, except for doing so for personal use. Any transfer of information or unauthorized publication or account access transfer is forbidden. In case of the violation by the User of the conditions of Terms of Service, the Company has the full right to refuse further provision of the Services to the User.
- The User shall be solely responsible for relying on such information and any action or transaction shall be deemed to have been affected exclusively by the User’s own decision. The User agrees and acknowledges that he/she shall be exclusively responsible for any action, strategy or transaction, and he/she shall not rely on the Company for this purpose and the Company shall have no responsibility whatsoever, irrespective of any circumstances, for any such action or strategy or transaction.
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.
- The User should verify the accuracy and reliability of the information on the Website and its appropriateness in comparison with other dependable information sources. The Company will not be held responsible for any allegedly caused claim, cost, loss or damage of any kind as a result of information offered on the Website or due to information sources used by the Website.
- Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
- Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged (except where the content is user-generated).
- You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
6. Content of the Website
THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION AND EDUCATION PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. IT CANNOT AND DOES CONTAIN MEDICAL ADVICE.
THIS WEBSITE AND ALL MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND ALL USE IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Esports Development DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Esports Development, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS SITE AND ANY MATERIALS IN THIS SITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Esports Development DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE, ANY MATERIALS IN THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
7. How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
8. General terms of use
1. Whenever you make use of a feature that allows you to upload content to the Website, you must comply with the term 5 (General terms of use) herein.
2. All Website users shall not:
- transmit, post, distribute, store or destroy material, content or user submitted content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy.
- take any action that imposes an unreasonable or disproportionately large load on our Website’s infrastructure;
- use any device to navigate or search the Website other than the tools available on the Website or generally available third-party web browsers;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of the Website including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- reverse engineer or decompile any parts of the Website;
- aggregate, copy or duplicate in any manner any of the content or information available from the Website, other than as permitted by these Terms;
- frame or link to any content or information available on the Website, unless permitted by these Terms;
- send unsolicited mail or email, make unsolicited phone calls or otherwise send unsolicited communication in writing or other permanent form, promoting and/or advertising products or services to any user, or contact any users that have specifically requested not to be contacted;
- attempt to interfere with the provision of our services to any, some or all users, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- use the Website for any unlawful purpose or any illegal activity, or post or submit any content, posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind.
3. Violations of the Website’s system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users and or persons or legal entities or organisations who are involved in such violations.
4. User Warranties
1. The User represents and warrants to the Company that:
- the User warrants that the information provided on registration of an Account on the Website is up-to-date and accurate;.
- the User has carefully read and has fully comprehended the entire contents of this Agreement, with which he absolutely and unreservedly agrees, and the User accepts that he/she shall be fully bound by its terms and conditions;
- the User has the authority to enter into this Agreement and to execute the provisions thereof;
- the User is not under any legal disability with respect to, and is not subject to, any law or regulation which prevents his/her performance of this Agreement;
- the User acts as principal and not as an authorised representative / attorney or trustee of any third party;
- the User certifies that he has provided accurate, complete and true information about him/herself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in closure of the Account;
- the User confirms that he is of legal competence and/or of sound mind; and
- you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Website and the materials (including, without limitation, all export control laws, regulations, and orders).
5. Destructive Features
- We are not responsible for viruses, and you must not introduce them. We do not guarantee that the Website will be secure or free from bugs or viruses.
- You are responsible for configuring your information technology and computer programmes to access the Website. You should use your own virus protection software.
- Whilst we use reasonable endeavours to protect this Website from computer viruses, worms, trojan horses and similar detrimental code (hereinafter referred to as the “Destructive Features”), we do not warrant that the Website is free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via this Website or via any files which are available for you to download from the Website.
6. User Submissions
In the event that you post or upload any content to the Website (“User Content”), you understand and agree to the following terms:
- You hereby grant to Esports Development a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to exploit the User Content and all elements thereof, in any and all media, formats and forms, known now or hereafter devised.
- Esports Development shall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, prepare derivatives, add to and delete from, rearrange and transpose, manufacture, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publicly available, publicly perform, provide access to, broadcast, and practice the User Content as well as all modified and derivative works thereof and any and all elements contained therein, and use or incorporate a portion or portions of the User Content or the elements thereof in conjunction with or into any other material.
- In the event you upload or otherwise transmit to Esports Development any concepts, ideas, or feedback relating to Esports Development products or services, you shall not be entitled to any compensation for any such submission, unless expressly agreed between you and Esports Development, and Esports Development may freely use any such submission in any manner it deems appropriate.
- Any such submission by you shall not create any contractual relationship between you and Esports Development. Except to the extent that any such waiver is prohibited by law, you hereby waive the benefit of any provision of law known as “moral rights” or “droit moral” or any similar law in any country of the world.
- You represent and warrant that the User Content does not infringe upon the copyright, trademark, patent, trade secret or other intellectual property rights of any third party. You further represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist or otherwise objectionable or inappropriate. Esports Development may remove any User Content and any related content or elements from the Website at its sole discretion.
7. Rules about linking to the Website
- You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to link to or make any use of content on the Website other than that set out above, please contact us via the email address specified in paragraph 1 of these Terms.
8. Copyright and Reproduction
Except as is otherwise indicated and except for user submitted content, we are the owner and/or licensee of the copyright in all the content featured on this Website and of all related intellectual property rights, including but not limited to all database rights, trade marks, copyrighted material and logos.
Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You are not permitted (except where you have been given express permission to do so) to adapt or modify the content on this Website or any part of it and the content or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain. Esports Development grants you a non-exclusive, non-transferable license, to access and use this Website for your personal use only. Such license is subject to this Agreement and does not include: (a) any commercial use of the Website or the any materials therein; (b) the distribution, public performance, public display, making publicly available, or other unauthorized exploitation of any materials; (c) modifying or otherwise making any derivative uses of the Website or the materials, or any portion thereof; (d) downloading (other than the page caching) of any portion of the Website, the materials or any information contained therein, except as expressly permitted on the Website; or (f) any use of the Website or the materials other than for their intended purposes. Any use of the Website or the materials other than as specifically authorized herein, without the prior written permission of Esports Development, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Esports Development may revoke this license at any time.
9. Duration of Agreement
- This Agreement shall take effect upon its acceptance by the User, which is signified by the opening of the Account.
- This Agreement shall be valid for an indefinite period, unless terminated by either party at any time by giving to the other party written notice.
- Esports Development reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of our Website or the content, at any time and for any reason without prior notice or liability. Esports Development reserves the right to change, suspend, or discontinue all or any part of this Website or the content at any time without prior notice or liability.
10. Confidentiality
- The Parties agree to keep confidential and not to disclose to any third party any confidential information given by the other Party under this Agreement, including without limitation all the communication, documentation or other information exchanged between them, both during the term of the Agreement and after its termination.
- The Company has the right, without prior notice to the User, to disclose personal data or details of the transactions of the User in order to comply with the requirements of the regulatory authorities in the Republic of Cyprus or abroad. The Company may also disclose such information to its auditors/consultants, provided that they are informed and committed to the confidentiality of the information communicated.
- The Company will handle all Users’ personal data according to the provisions of its Privacy Policy and the provisions of the GDPR and all applicable laws and regulations for the protection of personal data, as this may be amended from time to time.
11. Limitation of Liability and Indemnity
The User shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct or indirect liabilities (including without limitation all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in respect to any act or omission by the User in the performance of his obligations under this Agreement and in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud by the Company. This indemnity shall survive termination of this Agreement.
To the extent permitted by applicable law, the Company shall not be liable for any loss, expense, cost or liability incurred by the User in relation to this Agreement, unless such loss, expense, cost or liability is resulted from gross negligence, willful default or fraud by the Company. Notwithstanding the provisions of the paragraph above, the Company shall have no liability to the User whether in Agreement, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the Agreement.
The Company shall not be liable for any loss which is the result of misrepresentation of facts, an error in judgement or any act done or which the Company has omitted to do, whenever caused, unless such act or omission resulted from gross negligence, willful default or fraud by the Company.
12. Severability
If these Terms or any part of them is found to be illegal, invalid or otherwise unenforceable under the laws of any country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that country.
13. Complaints
The User shall contract the Company in writing in respect to any complaints about the Services provided by the Company under this Agreement through the email found in paragraph 1 of these Terms.
14. Complaints
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
15. Assignment
- The Agreement shall be personal to the User, and the User shall not be entitled to assign or transfer any of his/her rights or obligations under this Agreement.
- The Company may at any time assign or transfer any of its rights or obligations under this Agreement to a third party. The Company shall notify the User of any such assignment.
16. Governing Law
These Terms are subject to Serbian law and to the exclusive jurisdiction of the Serbian Courts.