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Legal Terms of Use

Please read this legal information carefully.

We," "us," or "our" means Tennis Coaching.com Pty Ltd or any of its affiliate companies, as the case may be.

These legal terms of use, along with our Privacy Policy and other notices on our website, form the basis on which you may access and use our Website.

TENNIS COACHING.COM reserve the right to change any or all of our terms of use or other conditions for using our website at any time by publishing the new terms or conditions on our website. Please allow up to 48 hours for your advert, listing, product or banner, to be vetted and approved by our staff, prior to posting on our website; any further changes to an advert, listing, product or banner, will also require vetting and approval prior to posting on our website.

Your use of our website constitutes your acceptance of these or our Privacy Policy, Subscriber Rules and Terms of Use. Should you object to any of our terms of use or other notices on our website your sole option is to immediately cease your use of the website.  Tennis coaching.com, does not guarantee, support any goods, product or service listed or advertised on this website. 

Information on our website and in any tennis coaching.com publication should not be regarded as a substitute for professional legal, financial or tennis advice.

Tenniscoaching.com maintains all content and all publications, tennis coaching.com make no warranty as to the accuracy or reliability of the information contained therein (including, but not limited to, any content or information generated on our Website by or on behalf of tennis coaching.com, and any Third Party Content on our Website) and tennis coaching.com, directors, partners, partners, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by any recipient through relying on anything contained in or omitted from our website or publications.

1.  Definitions

Agreement means these terms of use, the and tennis coaching.com privacy policy and any other terms incorporated by reference into these terms of use, in each case as amended from time to time.

2. TENNISCOACHING.COM PTY LTD ACN 160 288 022, trading as Tennis Coaching.com and its subsidiaries.

3.  Syndication Tools means the various syndication arrangements that and tennis coaching.com, may make available from time to time, which may include and tennis coaching.com widgets, APIs, partner-site plug-ins and co-branded website arrangements Website means any website operated by tennis coaching.com, and includes elements of tennis coaching.com operated website published via the Syndication Tools.

4.  Restrictions on use of website

In accessing or using our website you agree that you will not: 


(a) use any automated device, software, process or means to access, retrieve, scrape, or index our website or any content on our website;
 
(b) use any device, software, process or means to interfere or attempt to interfere with the proper working on our website; 

(c) undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion to be unreasonable or disproportionate site usage;

(d) use any content on, or index our Website for purposes of constructing or populating a searchable database of properties or competing with us in any manner; 

(e) transmit spam, chain letters, contests, junk email, surveys, or other mass messaging, whether commercial in nature or not; 

(f) use our website or any content from our website in any manner which is, in our sole discretion, not reasonable and / or not for the purpose which it is made available; 

(g) violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right; 

(h) pose as any person or entity or attempt to solicit money, passwords or personal information from any person; 

(i) act in violation of any Term of Use or other condition posed by us or any applicable law; 

(j) reproduce, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our website or any content on our website, except as expressly authorised by us; or 

(k) transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses, malware or other items of a destructive nature. 

We also reserve the right to exercise whatever means we deem necessary to prevent unauthorised access to or use of our Website, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

5.  Copyright


Any subject matter on and accessible from our website may have been sourced from a publicly available website, such as YouTube.com or permission given by a copyright owner Re the EBooks listed on our site; TennisCoaching.com may have sourced material, but only for public viewing, NOT for re-sale (apart from Ebooks listed on our site) etc. 

At no stage do we lay claim, state or infer that any videos, articles, content created by a third party are our own works.  We attempt to ensure that a third parties logo, branding, authorship are all visible. 

The subject matter on and accessible from our website and publications may be copyright. Apart from fair dealing permitted by the Copyright Act 1968 (Australia), and tennis coaching.com grants visitors to the site permission to download copyright material only for non-commercial and for informational purposes. For reproduction or use of tennis coaching.com copyright material beyond such use, written permission must be obtained directly from tennis coaching.com or the relevant copyright owner. If given, permission will be subject to the requirement that the copyright owner's name and interest in the material be acknowledged when the material is reproduced or quoted, in whole or in part.

5.1 Copyright and Trademark Law 

All editorial content and graphics on this site are protected by Australia and U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights. Some of the sourced material / content / videos on this site may have been embedded from other websites, please refer to a U.S court ruling on the use of videos embedded from third party websites.

5.2 Copyright Law 

Court Rules That Embedding A Video Is Not Copyright Infringement>>

The following are extracts from this United States of America Court Decison:

"The Seventh Circuit Court of Appeals ruled yesterday that a site that embeds copyrighted videos from another site is not committing copyright infringement. The court case between Flava Works, Inc. and myVidster.com came to a close after this ruling was passed in favor of the defendant, myVidster. The court also ruled that watching an infringing video does not constitute copyright infringement".

“…as long as the visitor makes no copy of the copyrighted video that he is watching, he is not violating the copyright owner's exclusive right… His bypassing Flava's pay wall by viewing the uploaded copy is equivalent to stealing a copyrighted book from a bookstore and reading it. That is a bad thing to do (in either case) but it is not copyright infringement.”

5.3 Copyright Law  

Copyright tips for posting online videos >>

The following are extracts from this article:

"When uploading a video onto YouTube, the site requires that users electronically agree to host their own material on the website, and verify that there isn't any copyrighted work being infringed. To directly infringe a copyrighted work, you have to exercise one of the exclusive rights of the original copyright holder has such as reproducing, distributing, creating a derivative, or publicly performing or displaying the work. So providing a link to an infringing copyright would not be considered direct infringement".

"So, to answer your question, because YouTube is so diligent on keeping up with the concerns of copyright holders, you as a third party website owner should not be held liable for copyright infringement if you were unfortunately to link to something that infringes...".

5.4 Limitation of Liability 

THIS SITE PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT THIS SITE SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE THIS SITE FORUMS AND THAT YOUR USE OF THIS SITE FORUMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE THIS SITE FORUMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. THIS SITE DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL THIS SITE, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.

6.  Third party links and advertising

Our website often includes advertisements, hyperlinks and pointers to website operated by third parties. Links to third party website include, without limitation, links to the website of some of our tennis coaching.com, customers, affiliates. Those third party website do not form part of our website and are not under the control of or the responsibility of and tennis coaching.com. When you link to those websites you leave our website and do so entirely at your own risk. tennis coaching.com, make no warranty as to the accuracy or reliability of the information contained on any third party website, and tennis coaching.com, directors, partners, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party website. A display of advertising does not imply an endorsement or recommendation by tenniscoaching.com.

7.  Pricing

Any monies paid by an individual, persons, group, business, businesses, company, or companies, to initially enter our website, have only paid as a donation (If at all) and these monies (Donations) are ONLY for payment for the time, effort and research undertaken by tennis coaching.com to source any related content and to provide information to persons who use this website, this site is designed to link tennis players, coaches and tennis enthusiasts, to tennis information, articles, videos, products or any other related information. 

All other membership levels mentioned after initial entry into this membership site (Silver, Gold, Platinum and VIP) and payments to access same, are payment for time, effort and research undertaken by tennis coaching.com Pty Ltd to source and create products, content and provide information to persons who access these membership levels (Silver, Gold, Platinum and VIP) these membership levels contain products, content and information, which are propriety property belonging to tenniscoaching.com Pty Ltd.  

8.  Merchant Policies and Procedures

To read our Privacy Policy in relation to our Merchant Policy and Procedures: click here to continue>>

9.  Contributions

For the purposes of this section titled contributions, “You” or “you” means the individual, Pty Ltd, corporation, legal entity, business, family trust, government, sole trader, contractor, making contributions to tennis coaching.com website.

10.  Contributions means information including; data, text, video, still images, audio or other material that tennis coaching.com has permitted you to host, share, publish, post, advertise, store or upload on the website as permitted under this Agreement.

11.  Other User Contributions means information including data, text, video, still images, audio or other material that and tennis coaching.com, has permitted users other than you to host, share, publish, post, advertise store or upload on the website.

You retain sole responsibility and accept all liability for all contributions you make to any and tennis coaching.com, website. and tennis coaching.com, disclaims any and all liability in connection with contributions. and tennis coaching.com, assumes no responsibility for monitoring any contributions. and tennis coaching.com, does not in any way endorse the information in contributions including any opinion, recommendation or advice expressed. and tennis coaching.com, is under no obligation to treat your contributions as confidential information.

Tenniscoaching.com, may at any time, without liability to you, remove, alter or disable access to any or all of your contributions in its sole discretion without prior notice to you. Without limiting the previous sentence, tennis coaching.com, may remove or disable access to any or all your contributions if it considers that: 

(a) those contributions are in breach of any law or regulation;

(b) those contributions infringe the intellectual property rights of any third party; 

(c) it is required to do so by a regulatory body or any relevant authority pursuant to an interim or final take-down notice;

(d) those contributions are:
 
(i) misleading or deceptive; 

(ii) inappropriate having regard to the purpose of the website; 

(iii) likely to cause offence; 

(iv) materially incorrect;

(v) obscene; 

(vi) defamatory; 

(vii) otherwise unlawful; or 

(viii) corrupted, due to the presence of a virus or other disabling code. 

You retain all of your ownership rights in your contributions. and tennis coaching.com, is under no obligation to treat your contributions as proprietary information.

12.  To the extent that any contributions are proprietary in nature, you grant:

Tennis coaching.com, in respect of contributions to its website; and a worldwide, nonexclusive, royalty-free, perpetual, transferable and irrevocable licence to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and display and publicly perform your contributions throughout the world in any medium, whether currently in existence or not. You also grant each user of the Website a nonexclusive licence to use, reproduce, adapt, translate, distribute, prepare derivative works of, display and perform your contributions as permitted by tennis coaching.com, and this Agreement. 

13.  You grant:

Tennis coaching.com, in respect of contributions to its Website; and the right to use your name or the name you submit with the contribution, and, the right to represent and warrant that:

(a) you own and control all of the rights to the contributions; or 

(b) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise tennis coaching.com, to display the contributions.
 

For any contributions that you may retain moral rights in, you declare that:

(c) you do not require that any personally identifying information be used in connection with the contribution, or any derivative work, upgrade or update of the contribution; 

(d) you have no objection to the publication, use, modification, deletion and exploitation of the contribution by tennis coaching.com;

(e) you waive and agree not to assert any entitlement to any and all moral rights of an author in any contribution; and 

(f)  You understand that when accessing the Website, you may be exposed to Other User Contributions. You acknowledge and agree that neither tennis coaching.com, has control of and is not responsible for Other User Contributions. You release tennis coaching.com, from any claims that you could assert against tennis coaching.com, relating to or in connection with Other User Contributions.

14.  Third Party Content

Our Website contain content provided tennis coaching.com by other parties ("Third Party Content"). Tennis coaching.com, does not have a practice of monitoring or making inquiries about Third Party Content. 

Tennis coaching.com, is not responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content. Third Party Content does not represent the views of tennis coaching.com. You rely on Third Party Content completely at your own risk.

15.  User warranties

You represent and warrant that:


(a) the information you supply on registration is accurate in all respects

(b) if
 any of that information changes you will promptly notify tennis coaching.com, in writing of the changes click here to continue>> 

(c) your use of the website will comply at all times with this agreement and any directions published from time to time by tennis coaching.com, on the Website; 

(d) you will make sure that you keep your username and password (If required) by which you access the Website confidential and secure at all times; 

(e) you accept all liability for any unauthorised use of any username and password issued except for unauthorised use resulting from any negligent act or omission legally attributable to tennis coaching.com; 

(f) you have the lawful right including all necessary licences, rights, consents, and permissions to use and authorise tennis coaching.com, to display your contributions; and 

(g) you will not make any contributions that: 

(i) infringe the intellectual property rights of any third party, and you agree to pay all royalties, fees or other monies payable by tennis coaching.com by reason of any contributions made by you; 

(ii) are misleading or deceptive; 

(iii) are materially incorrect; 

(iv) are likely to cause offence; 

(v) directly or indirectly involve the advertising or marketing of any products or services; 

(vi) are obscene, including pornographic, hateful, racially or ethnically offensive material; 

(vii) are defamatory; 

(viii) are otherwise unlawful or encourage unlawful conduct; or 

(ix) are otherwise inappropriate having regard to the purpose of the Website.
 

16.  Indemnity

You agree to indemnify and hold TENNIS COACHING.COM PTY LTD ACN 160 288 022subsidiaries and affiliates (and the officers, agents, directors, partners and employees of each of the forgoing) against any and all loss, liability, claim or demand (including tennis coaching.com by reasonable attorneys' fees arising out of, or in connection with your use and access to the website or contributions not in accordance with these terms.

17.  Policy for Linking to Our Website

Hyperlinks enhance the user's experience by providing easy access to additional information or original source material, whether on the same site or from an external source. For this reason, we value the use of hyperlinks in our content.

18.  However in using hyperlinks, we: 

(a) Attribute the original source of the hyperlink where it points to third party content; 

(b) Do not claim ownership or rights to content belonging to other parties;

(c) We ask that you observe similar practices when linking to our content. You should be aware that if you do not do this, this may be in breach of our rights or the rights of our licensors or other third parties.


19.  Please do:

(a) Link to our content directly. We encourage direct links;


(b) Comply with all copyright, trade mark or other applicable laws;

(c) Use the title or headline of the content to which you are linking, as long as you link directly to that content.
 

20.  Please do not:

(a) Attribute a link to tennis coaching.com, content as being a link to your own or someone else's content (for example, use your own logo to link to our content);

(b) Attribute a link to our site and then link somewhere else;

(c) Frame our content in such a way as to present it as your own or as belonging to anyone other than us or our licensors;

(d) Link to our content as part of a property portal aggregating property listings and/or information, unless we give you specific written approval to link to our content;

(e) We reserve the right to require that you do not link to our content and we may exercise this right by giving notice to you. We reserve complete discretion in relation to our exercise of this right, which may be due to the matters or circumstances above, or any other matter or circumstance we consider is due reason. 

21. Limitation of liability

Certain rights and remedies may be available under (Australian Law) the Trade Practices Act 1974 or similar legislation of other States,Territories or Countries and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, tennis coaching.com, exclude all conditions and warranties that may be implied by law.

To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

(a) the re-supply of services or payment of the cost of re-supply of services; and

(b) or the replacement or repair of goods or payment of the cost of replacement or repair.

IN NO EVENT SHALL TENNIS COACHING.COM PTY LTD ACN 160 288 022, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF CAPITAL, DOWNTIME COSTS, I.T SYSTEM DOWNTIME, LOSS OF PROFIT, LOSS OF OR DAMAGE TO REPUTATION, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, LOSS OF DATA, LOSS OF USE OF DATA, LOSS OF ANTICIPATED SAVINGS OR BENEFITS SUFFERED OR INCURRED TO YOU, THIRD PARTY, REALISED BY ANY INTERNAL OR EXTERNAL EVENT.

Updated March 2019