Effective Date: 10th December 2017
Welcome to TennisGrading an online tennis directory and social networking site that facilitates the ability to share and connect in a safe environment. The TennisGrading service and network are (collectively, “TennisGrading” or “the Service”) are operated by ICR Enterprises Pty Ltd. and its corporate affiliates (collectively, “us”, “we” or “the Company”). By using the TennisGrading web site you signify that you have read, understand and agree to be bound by these Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and will indicate at the top of this page the Terms and Conditions’ effective date. Your continued use of the Service or the Web site after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any future Terms and Conditions, please do not use or access the Service or the Web site. It is your responsibility to regularly review these Terms and Conditions.
Use of and membership to TennisGrading Services is void where prohibited. By using the TennisGrading Services, you represent and warrant that:
- (a) All registration information you submit is truthful and accurate.
- (b) You will maintain the accuracy of such information.
- (c) You must be thirteen years of age or older to register as a member of TennisGrading (a “Member”) or use the Web site. If you are under the age of 13, you are not allowed to register and become a member of TennisGrading or access TennisGrading content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Service or the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. TennisGrading may terminate your Membership and/or prohibit you from using or accessing the Service or the Web site for any reason, at any time.
- (d) Your use of the Services does not violate any applicable law or regulation.
Your profile may be deleted and your user registration may be terminated without warning if we believe that you are not abiding by the above terms.
You understand that the Service and the Web site are available for your personal, non-commercial use only (Registered Business Members, are exempt from the non-commercial use clause). You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Web site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Web site or for any other purpose. You further agree that you may not use the Service or the Web site in any unlawful manner or in any other manner that could damage, disable, overburden or impair this Web site. In addition, you agree not to use the Service or the Web site to:
Upload, post, email, transmit or otherwise make available any content that we deem to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that 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;
Intimidate or harass another;
Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or the Web site
Proprietary Rights in Content on the Web Site
All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.
All trademarks, logos, trade dress and service marks on the Web site are either trademarks or registered trademarks of the Company or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Member Content Posted on the Web Site
You are solely responsible for the photos, videos, profiles and other content that you publish or display (hereinafter, “post”) on or through the Service or the Web site, or transmit to other Members (collectively the “Member Content”). You understand and agree that the Company may review and delete or remove any Member Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others.
By posting Member Content to any part of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
You may remove your Member Content from the Web site at any time. If you choose to remove your Member Content/Registration, the license granted above will automatically expire. (To remove member content/registration please send an email to email@example.com with your request to have your details removed from the TennisGrading site.)
TennisGrading Materials, including pages and on-line images, are protected by the Copyright Laws of the Australia. All rights are reserved. We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web site, please contact us at firstname.lastname@example.org and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. When you access the TennisGrading website you agree that: You may retrieve the TennisGrading materials for information only. You may save a local copy or send it to your printer for your own personal use or in order to inform authorised and potential users about the TennisGrading materials. However, you may not make any charge for such use and any commercial exploitation is expressly prohibited. You must include the copyright notice in any copy that you make. You may not modify the information found in TennisGrading materials without the express permission of the ICR Enterprises Pty Ltd.
Notice of Trademark
The TennisGrading logo is a registered trademark of ICR Enterprises Pty Ltd. The TennisGrading logo may not be used without the prior specific, written permission of ICR Enterprises Pty Ltd.
Embedded videos and links to other websites
The TennisGrading Web site contains Embedded Videos and links to other web sites. ICR Enterprises Pty Ltd. is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by ICR Enterprises Pty Ltd. Inclusion of any Embedded video and or linked web site on or through the TennisGrading Web site or the Service does not imply approval or endorsement of the linked web site by ICR Enterprises Pty Ltd. If you decide to leave the Web site and access these third-party sites, you do so at your own risk.
You are solely responsible for your interactions with other TennisGrading Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members.
A Practice Partner must be over the age of 15 and must have an UTN assessment ranking of 1, 2, 3 or 4. This UTN assessment can be done using our TennisGrading quiz.
A Practice Partner must not give coaching advice to a player without being specifically asked to do so by the player.
A Practice Partner must follow the prices set out per hour by TennisGrading when charging for their services (these prices are based on standard prices paid for such services, TennisGrading reserve the right to change these prices as they see fit).
Any Practice Partner found to be in contravention of any of these terms and conditions may have their contract suspended or terminated without notice.
The Company is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether posted or caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Web site or the Service. The Company is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. The Web site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. ICR Enterprises Pty Ltd assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Web site or the Service, any Content posted on or through the Web site or the Service or transmitted to Members, or any interactions between users of the Web site or Members, whether online or offline. THE WEB SITE, THE SERVICE AND THE CONTENT ARE PROVIDED “AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FUTNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICE.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL ICR Enterprises Pty Ltd BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO ICR ENTERPRISES PTY LTD, FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue
By visiting or using the Web site and/or the Service, you agree that the laws of the Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ICR Enterprises Pty Ltd. or any of its affiliates. Any dispute relating in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) shall be submitted to confidential arbitration, except that to the extent you have in any manner violated or threaten to violate ICR Enterprises Pty Ltd or any of its affiliates’ proprietary or intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the Australia. Arbitration under this Agreement shall be conducted under the rules then prevailing of the Australia Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Web site and/or the Service (including your visit to or use of the Web site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
You agree to indemnify and hold ICR Enterprises Pty Ltd. its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Web site in violation of this Agreement or your violation of any law or the rights of a third party.