Terms

Please read these Terms and Conditions of Use ('Terms') carefully before using www.PlayAtlantic.com ('the Website'). These Terms apply to all users of this Website including casual browsers. 

  • Part A applies to all users of the PlayAtlantic.com Website
  • Part B applies if you subscribe for a PlayAtlantic.com package or register as a University/College coach or representative.

Part A 

1. Terms applying to all users of the PlayAtlantic.com website. 

Please read these Terms and Conditions of Use ('Terms') carefully before using www.PlayAtlantic.com ('the Website'). In these Terms, 'we', 'us' and 'PlayAtlantic' means:

Play Atlantic Ltd, Sports House, Stadium Drive, Albany, Auckland, New Zealand, 0632.

Which is the owner of this Website and the PlayAtlantic.com trademark and brand, and 'you' means the user of this Website. We reserve the right to withdraw all or part of the Website at any time. 

By using this Website you agree to be bound by these Terms, the Privacy Statement and the Copyright Statement.

You agree that your use of this website will not violate any local, national or international law.

You have not and will not access those files reserved solely for Play Atlantic Ltd administrators. 

You have not and will not solicit other Play Atlantic users and/or members.Soliciting registered users of PlayAtlantic.com, either coaches or athletes, is strictly prohibited. Legal action will be taken against any and all persons or companies soliciting registered users of PlayAtlantic.com.

You have not and will not use any of PlayAtlantic.com and Play Atlantic Ltd’s material (logos, graphics, art works, text, articles, database, internet coding, etc) without written permission from Play Atlantic Ltd.  PlayAtlantic.com and the translated documents provided by Play Atlantic Ltd are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer or sell any information or services obtained from PlayAtlantic.com without the express permission of Play Atlantic Ltd.

You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse. 

Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence). 

We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website between the scheduled maintenance window of approximately 09.00 and 12:30 NZST each day. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website and the services offered via the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of PlayAtlantic.com

You accept that you will not have a claim for breach of contract (either against us or your  PlayAtlantic.com provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses. 

We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website : 

  • any loss of profits, loss of earnings, loss of anticipated savings, goodwill or revenue; 
  • any loss or corruption of data; or 
  • any indirect or consequential loss. 

The exclusions and limitations of liability contained in this section do not apply to : 

  • any loss or damage resulting from death or personal injury caused by our negligence; 
  • loss or damages arising from our fraudulent misrepresentation; or 
  • any other losses which may not be excluded or limited by law. 

Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply. 

The receipt of the services is personal to you and you may not transfer your rights to access the site materials or to receive the services to another person unless we have consented in writing to you doing so. 

If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected. 

If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future. 

Play Atlantic Ltd is a New Zealand owned and registered company so these Terms are governed by and shall be construed in accordance with New Zealand law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the New Zealand courts. 

2. Purpose of the Website 

The purpose of the Website is to provide student-athletes with the opportunity to communicate with university coaches and to help them facilitate the process in them attending an American university.  It is also to provide University coaches or representatives with the opportunity to search and contact student-athletes that are on the website. 

3. Copyright 

The materials on this Website are protected by our and by third party copyright and other intellectual property rights as described in the Play Atlantic Copyright Statement. 

4. Removal of content and response to complaints 

In the event that you send any content that breaches the provisions of the above paragraph, PlayAtlantic.com reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. PlayAtlantic.com will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms. 

PlayAtlantic.com shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website. 

PlayAtlantic.com may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content. 

PlayAtlantic.com reserves the right to delete any contribution, or take action against any account, at any time, for any reason. 

5. Third Party Links 

We may provide links to third-party websites from time to time. This may include links to sites owned by associated companies of PlayAtlantic.com. Any  link (including without limitation any links posted by other users of the Website) are provided for your convenience only and are accessed at your own risk. We are not responsible in any way for the content of any third party website or for goods or services provided by the operators of such websites, and, unless otherwise stated are not responsible for and do not endorse or recommend any third party website or its availability or contents or any agreement or understanding you enter into with a third party through a third party website. If you choose to use any of the links provided, you should ask for access to the terms and conditions and privacy statement of the third party website. PlayAtlantic.com does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites. 

6. Amendments to the Terms 

We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect. 

Part B 

7. Terms applying if you apply for PlayAtlantic.com package

These Terms and Conditions ('Terms') apply to the provision of representation advertised on www. PlayAtlantic.com (the 'Website'). Please read these Terms carefully before accepting a Play Atlantic package.

For the purposes of these Terms: 

  • 'we' and 'us' means the PlayAtlantic.com provider who will provide the Services to you. The Services are provided by the Provider ‘PlayAtlantic.com’.  When you register with PlayAtlantic.com, we are the service provider to whom you pay the Fee. 
  • 'you' means the client receiving the Services; 
  • 'register' means the process of subscribing for a ‘package’ for a fixed ‘fee’ the term  shall be construed accordingly. When you subscribe to this ‘service’ this will involve you completing the relevant application forms; 
  • 'Services' means (i) the provision of the clients digital profile and support documents in electronic format via the Website.
  • 'Service Fee' means the fee payable for the provision of the Services. 

8. Password 

When you subscribe for a PlayAtlantic.com package or service you will be assigned a user name and password. As you will be responsible for all activities that occur under your user name and password, you should take care to keep your user name and password confidential. You must notify us immediately of any unauthorised use of your user name or password or if you believe that your user name or password are no longer confidential. We reserve the right to require you to alter your username and password if we believe that they are no longer secure. 

The information that you provide to us when you subscribe for a PlayAtlantic.com package or at any other time is subject to the PlayAtlantic.com Privacy Statement. 

9. Privacy 

We treat your privacy very seriously. Please read our Privacy Statement if you would like further details about the information we collect and how it is used.  By using this Website and submitting personal data you acknowledge and agree that you have understood and accept the terms of the Privacy Statement.

10. Provision of the Services 

All of the information you have provided Play Atlantic Ltd is completely accurate and truthful. You have not and will not access unrightful information (you have not and will not access other user's passwords, usernames, etc.)

By registering for a college coach's account, you must be a NCAA Division I, II, or III or NAIA head coach, assistant coach and/or official collegiate recruiter.

By registering as an athlete, you must in fact be a high school athlete or college student who is looking to transfer to another university as a NCAA or NAIA athlete.

By registering untruthfully as an athlete or college coach, you can and will be held liable for your actions and the consequences. This is considered unrightful access to information and Play Atlantic reserves the right to pursue further action.

Play Atlantic Ltd is not responsible for the actions of those users (both coaches and athletes) who do not abide by NCAA and/or NAIA regulations. Play Atlantic Ltd is in no way affiliated with the NCAA. All users are responsible for their own actions. All users are responsible for knowing the NCAA's rules, regulations, and laws. All users are responsible for abiding by the NCAA's rules, regulations and laws. Neither www.playatlantic.com or Play Atlantic Ltd is responsible for coaches and/or athletes who violate NCAA or specific sport governing body rules and regulations. Violators are subject to account termination. PlayAtlantic.com does not promote any violations of NCAA or specific sport governing body rules or regulations.

Only actual collegiate athletic coaches are permitted to register for PlayAtlantic.com college coach accounts.

Members -- both coaches and athletes -- agree to only post accurate, truthful information in their PlayAtlantic.com accounts. PlayAtlantic.com is not responsible for any misrepresentation by either an athlete, his or her family, or a coach or school.

When you subscribe for a PlayAtlantic.com package you will be issued with a user name and password which will be retained by you throughout your relationship with PlayAtlantic.com. 

Play Atlantic will provide you with access to either the ‘Student-athletes’ or ‘Coaches’ section on the website once you have subscribed to our service.  You will need to log on using your user name and password to access the support and advice materials on-line. 

The specific details of every Play Atlantic package are documented in the ‘Get Certified’ page on the website, stipulating what each differing package (Free, Certified, Premium and Ultimate) offers our clients.  By accepting these terms you are acknowledging that you are aware of the different package options that are available to you and what each package entitles you to as a member of the Play Atlantic website.

Although Play Atlantic will do its best to ensure that the quality of service for each of its clients is high, it has no responsibility in ensuring that you will firstly either be contacted or eventually be recruited by a University/College coach and as such gives no guarantees what so ever in this regard. By registering on the Play Atlantic website you are accepting that Play Atlantic has no control or influence over University/College coaches decisions and therefore holds no responsibility in your University/College placement.

The service we provide to the University/College coaches is one that provides them with information on student-athletes that is sensitive in nature regarding their academic, athletic and personal information in order to help them make decisions on that students future at their institution.

You can log onto the Website from any computer using your assigned user name and password but you should be aware that not all computers have the software that will enable you to access all of the electronic Materials. 

You acknowledge and accept that periods of downtime may be required in respect of the PlayAtlantic.com IT infrastructure in the circumstances outlined in these Terms and that technical support may not be available during such periods of downtime. You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. 

11. Your Right to cancel your profile/ package with PlayAtlantic.com 

Once you have enrolled for any package, if you decide that you wish to cancel your enrolment, you may do so at any time but in doing so you will forfeit any subscription fee with PlayAtlantic.com. 

Subsequently registered coaches have the right to cancel their profile at any time upon request.

12. Quality of the services 

We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the service description which is set out on the Website.

PlayAtlantic uses reasonable endeavours to ensure that the Website is available 24 hours a day 7 days a week. PlayAtlantic reserves the right to suspend access to the Website between the scheduled maintenance window. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment which are beyond the control of PlayAtlantic. 

All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law. 

13. Payment by you of the Package Fee cost of profile 

You agree to pay us the Package fee in US Dollars that is advertised on www.playatlantic.com for the package that you have chosen to Play Atlantic Ltd.  Once payment is received and confirmed by us we will begin our service with you immediately.

The name that will appear on your statement will be Play Atlantic Ltd.

Play Atlantic does not promise or guarantee any University/College offers, placement or contacts from any University/College representative, therefore no refund of any fees taken for any reason will be given.

We reserve the right from time to time to change the amount of the Package Fee. The current Package Fee at any given time will be displayed on the Website. In the unlikely event that due to a technical error, the amount of the Package Fee is incorrect, we will notify you as soon as we reasonably can. 

14. Our Rights to Stop Providing the Services to You 

If you are a PlayAtlantic client (student athlete) or a University/College coach or representative, we will make the members profile and online support materials available to you via the athlete or coaches login page from subscription until such times occur such as: 

  • You cancelling your profile online.
  • The 12 months subscription period from the profile creation date for ‘Free’ and ‘Advanced’ package members has lapsed.
  • If we deem that you have acted either inappropriately, unprofessionally or maliciously against either Play Atlantic or an associated third party. 
  • If we believe that you have supplied false or misleading information on your online profile.
  • Your notifying us in writing, by email or by telephone that you have accepted the scholarship offer by the chosen university.
  • Your notifying us in writing, by email or by telephone that you no longer wish to consider a academic scholarship in the USA.
  • Your failure to meet your obligations as a client as outlined in Student-athlete responsibilities.

We reserve the right to cease our services to you immediately without notification and/or take legal proceedings accordingly if we believe any of the infringements noted in these terms have been performed. 

15. Complaints 

In the event that you are not satisfied with any aspect of the services, please contact us at www.playatlantic.com or email info@PlayAtlantic.com

16. Our Liability to You 

The exclusions and limitations of liability contained in these Terms do not apply to: 

  • any loss or damage resulting from death or personal injury caused by our negligence; 
  • loss or damages arising from our fraudulent misrepresentation; or 
  • any other losses which may not be excluded or limited by law. 

We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable. 

In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer. 

17. General 

Subject to the terms of any agreement we conclude with you if you sign up on a PlayAtlantic package, we reserve the right to withdraw all or part of the Website at any time. 

Play Atlantic Ltd is a New Zealand owned and registered company so these Terms are governed by and shall be construed in accordance with New Zealand law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the New Zealand courts. 

These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these. 

The agreement between us which is comprised of these Terms is not intended to be for the benefit of any third party, and shall not be exercisable by any other person under the Contracts (privity) Act 1982 or otherwise. 

By registering with PlayAtlantic.com or using PlayAtlantic.com’s service as a either coach or an athlete you agree to PlayAtlantic.com Terms of Use.

The continued use of the Website following any changes to the Terms will mean that you accept such changes. 

18. Contacting PlayAtlantic.com

You can contact us: 

  • by telephone on 00 64 98890121
  • by email at info@playatlantic.com
  • by post at:
    Play Atlantic Ltd, Sports House, Stadium Drive, Albany, Auckland, New Zealand, 0632