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
