Terms Of Use

Terms Of Use

Definitions

"Content" means the information, photographs, graphics, and other material on the Web Site.

"Services" means all or any service provided by us through the Web Site.

"Web Site" means our web site, and includes all web pages controlled by us.

"User" means any person other than you who uses the Services or visits the Web Site for any purpose.

"we", "us", etc means us. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods or service promoted on the Web Site. Without limitation, it includes any subsidiary or associated company of ours, together with any licensor, affiliate, or network partner.

"you" "yours" etc, means you, a person who visits our site, whether or not you have paid for our Services.

1 Statement

This Agreement forms a legally binding document which sets out your rights and obligations and also those of Tennis Partner in relation to the Web Site and the Services offered by us.

By using the Web Site, you agree to the terms of this Agreement and you re-affirm the Agreement every time you use it.

2 Users

As well as being able to surf the Web Site, Users may:

• Create a profile on the Web site for other users to view.

• Browse other users profiles.

• Send messages to other users;

• Post to any message boards or dynamically natured entry forms, which may be available on the Web Site;

• Have the opportunity to take advantage of any offers available;

3 Changes

3.1 We reserve the right to change the Services and/or Web Site at any time, without notice.

3.2 We may change the terms of this Agreement from time to time. The terms that apply to you are those posted here on the Web Site on the day you use the Web Site.

3.3 Your continued use of the Services after such changes shall be deemed an acceptance by you to be bound by the terms of the modified agreement.

4 Acceptable use of the service

4.1 It constitutes a breach of this Agreement by you and may result in immediate suspension from the service without notice, if your profile or any message:

• is submitted by a person under the age of 18;

• contains sexually suggestive language;

• contains offensive, potentially offensive, threatening or abusive remarks, or remarks which are in any way unfriendly, even if these are in response to unfriendly language or behaviour;

• contains a reference to an illegal practice such as drug-taking;

• contains potentially libellous or unlawful remarks;

• contains dishonest statements;

• makes incorrect or negative comments about our staff or service, or which may discourage other members from using the service.

4.2 You agree that you will not:

  • 4.2.1 allow another person to use your account, or transfer your account to another person. You are responsible for everything which is done on or through the Web Site while your account is logged on to the Web Site, or through your e-mail address (es).
  • 4.2.2 divulge your password to another person;
  • 4.2.3 use or allow anyone else to use the Web Site to post or otherwise publish:

    4.2.3.1 copyright works;
    4.2.3.2 commercial audio, video or music files;
    4.2.3.3 any material which violates the law of any established jurisdiction;
    4.2.3.4 unlicensed software;
    4.2.3.5 software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
    4.2.3.6 links to any of the material specified in this paragraph;
    4.2.3.7 pornographic material;
    4.2.3.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.

  • 4.2.4 use the Services for spamming. Spamming includes, but is not limited to:

    4.2.4.1 the sending of junk mail;
    4.2.4.2 the use of distribution lists that include people who have not given specific permission to be included in such distribution process.

  • 4.2.5 use the Services in a manner which violates any city, local, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorized access to any other computer system.
  • 4.2.6 resell, rent, lease or make commercial use of the Services without our express written consent.

4.3 You are solely responsible for any Content that you publish or display on the Website or that you transmit to other Users. You must not provide any false information in respect of your personal details. In the event that we have reason to suspect that you have provided such false information, we reserve the right to terminate your Use of the Website.

4.4 You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor any dispute between you and another User.

4.5 We reserve the right (a) to suspend or terminate any use of the Services and/or (b) to edit, or require the User to edit, material posted on the Web Site, if the relevant User or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for or re-access, the Web Site without our prior consent.

The views and opinions expressed on the Web Site are those of the person responsible for posting the message. They are not the opinions of Tennis Partner, unless indicated.

5 Your information, profile and photographs

5.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.

5.2 We do not alter profiles which have been accepted for display and accordingly, we make no guarantee as to the truth or accuracy of the information contained in the profiles.

5.3 We may remove your profile at any time without giving a reason.

5.4 The Website is intended to be used by its Users for the purposes referred to above. Accordingly, Users must not:

5.5.1 place material on, or otherwise use, the Website for any business or commercial purpose; or
5.5.2 use your access to the Website, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

5.6 Messages sent through or to the service may be read by us to check that the service is not being abused. If we find a message from you which we consider an abuse of the service, we may suspend or delete your account.

5.7 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

5.8 The information you give in your profile is deemed to be in the public domain. If you are not happy with your details being made public, do not post a profile on the service.

5.9 Disclosure of your information

5.9.1 We may share your information with selected third parties including:

• Business partners, suppliers and sub-contractors for the performance of any contract we enter into with [them or] you.

5.9.2 We may disclose your personal information to third parties:

• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

• If or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

6 Content and Intellectual Property Rights

6.1 Title, ownership rights, and intellectual property rights in the Content and or Web Site whether provided by us or by any other content provider shall remain the sole property of us and / or the other content provider. We will strongly protect its rights in all countries.

6.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this Agreement.

7 System Security

7.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;

7.2 You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.

7.3 You understand that any such violation may be unlawful and that any contravention of law may result in criminal prosecution.

7.4 Examples of violations are:

  • 7.4.1 accessing data unlawfully or without consent;
  • 7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  • 7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

8 Interruption to the Service

8.1 If it is necessary for us to interrupt the Services then we may do so without telling you first.

8.2 We reserve the right to withdraw or modify one or more aspects of the Web Site where we have legal or technical reasons to do so (including technical difficulties experienced by us) or for any other reason. This includes the removal of posts where we have a legal, technical or moral reason to do so or for any other reason as we see fit.

8.3 You acknowledge that the Services may also be interrupted for reasons beyond our control.

8.4 You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to the Services.

9 Our liability and disclaimers

9.1 Your use of the Services is without any warranty or guarantee.

9.2 Where we provide a service without specific charge, then it is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such service.

9.3 You are advised that content may include technical inaccuracies or typographical errors.

9.4 We give no warranty and make no representation, express or implied, as to:

  • 9.4.1 the truth of any information given on the Web Site by any Associate or third party;
  • 9.4.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
  • 9.4.3 compliance with any law;
  • 9.4.4 non-infringement of any right.

9.5 Much of the material provided on the Web Site is posted (and thereby published) by Members. We are under no obligation to monitor, vet, check or approve any such material. We disclaim all responsibility for information published on the Web Site by any person.

9.6 The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

We do not host nor transmit any audiovisual content itself and do not control nor influence such content. We cannot accept any liability for the content transmitted by others. Any responsibility for this content lies with those who host or transmit it.

Of course we are concerned about allegations that illegal content is made available on the websites to which hyperlinks on its website direct. Although we cannot actively monitor the content which is transmitted via third party websites, we are willing to take action in removing links to illegal content upon obtaining proper notice thereof. We will remove links to illegal content from the website expeditiously, however, we cannot prevent that links are replaced by visitors of its website. In order to prevent that a link is replaced again after being removed, we advise you to contact the owner of the website where the content origins from.

9.7 In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Web Site or the content available from this Web Site.

9.8 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable. We will also not be liable for any failure to perform our obligations under this Agreement caused by matters beyond our reasonable control.

9.9 Nothing in this Agreement limits our liability for death or personal injury resulting from you taking part in our leagues or tournaments or matches that we or you organize before, during or after playing such leagues, tournaments or matches, or resulting from our negligence, or any other liability which may by law not be excluded. Any statutory rights you may have as a consumer remain unaffected.

9.10 The Website may include facts, views, opinions, advice and recommendations. These views, opinions, advice and recommendations are not endorsed by the Website and, to the maximum extent permitted by law, we shall not be liable on account of the accuracy, defamatory nature, completeness, timeliness or otherwise of the information provided on the Website.

9.11 We are not responsible for the conduct of Users either online or offline. Please use caution and common sense when using the Website.

10 Your Indemnity

You agree to indemnify us against all liabilities, claims and expense that may arise from any breach of this Agreement by you or through a machine on which you access the Web Site.

11 Termination

11.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement by sending notice to us by email. We reserve the right to check the validity of any request to terminate membership

11.2 We may terminate this Agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.

11.3 If you terminate, we shall be under no liability to you whatsoever, and you hereby release us from any such liability.

11.4 Termination by either party shall have the following effects:

  • 11.4.1 your right to use the Services immediately ceases;
  • 11.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party;

11.5 There shall be no reimbursement or credit if the Service is terminated due to your violation of the terms of this agreement.

11.6 We retain the right, at our sole discretion, to terminate the Services provided to you, if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.

12 Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

13 Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

14 Assignment

We reserve the right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not assign this Agreement

15 Entire Agreement

This Agreement includes our privacy policy. Together they contain the whole of the Agreement between us and you concerning the Web Site. A person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement. We reserve the right to unilaterally modify or amend these Terms.

16 Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable

17 Governing Law

This Agreement shall be governed by and construed in accordance with the law of England and Wales . This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

18 Technical Support

You understand that the Services do not include any technical support services from the Web Site or any of its affiliates, licensors or supplier. Any such request for support may not receive a response.

19 Contact

You may contact us by e-mail at contact@tennispartner.co.uk


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