www.tennison-line.com.au, the official web site of Tennis On-Line Ltd and its corporate affiliates (collectively, "Tennis On-Line"). Please take time to read these important terms and conditions of use of our web site (the "Tennis On-Line Site").
1 Application of Terms
1.1 These Website Terms and Conditions (the "Terms") govern the relationship between you and Tennis On-Line with regard to your use of the Tennis On-Line Site.
1.2 By accessing any part of the Tennis On-Line Site or using any services on the Tennis On-Line Site, you consent to the Terms. Tennis On-Line reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the Tennis On-Line Site. Your continued use of the Tennis On-Line Site after any changes to the Terms constitutes your acceptance of the new Terms.
2 Use of the Website
2.1 The Tennis On-Line Site is provided "as is" and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the Tennis On-Line Site for your own personal, non-commercial use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the Tennis On-Line Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the Tennis On-Line Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programs which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the Tennis On-Line Site.
2.4 You acknowledge that the Tennis On-Line Site has been specifically designed for use in Australia and agree not to use or access the Tennis On-Line Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
3 Tennis On-Line Products and Services
3.1 You acknowledge that Tennis On-Line offers certain products and services on the Tennis On-Line Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and Tennis On-Line, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a Tennis On-Line product or service. This separate agreement contains the complete terms for use of or reliance on the relevant Tennis On-Line product or service including all warranties and representations relating to that product or service. Tennis On-Line does not give any warranties or representations in these Terms about the quality, functioning or accuracy of Tennis On-Line’s products or services.
3.2 You agree to not use any of the services on the Tennis On-Line Site or the Tennis On-Line Site itself to:
i harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
ii engage in any unlawful activity or to use the site in an unlawful manner or in any other manner that could damage, disable, overburden or impair the site;
iii use automated scripts to collect information from or otherwise interact with the service or the Tennis On-Line Site;
iv upload, post, transmit, share, store or otherwise make available any content that Tennis On-Line deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
v impersonate any person or entity, or falsely state or otherwise misrepresent yourself;
vi upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
vii upload, post, transmit, share, store or otherwise make publicly available on the Tennis On-Line Site or to any third party any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
viii solicit personal information , passwords, or other personally identifying information for commercial or unlawful purposes;
ix upload, post, transmit, share 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;
x intimidate or harass another;
xi upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xii use or attempt to use anothe's email account or other services or systems without authorization from Tennis On-Line; or
xiii upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Tennis On-Line, is objectionable or which may exposes Tennis On-Line or its users to any harm or liability of any type.
4 Third party sites
4.1 You acknowledge that the Tennis On-Line Site may contain links to websites operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and Tennis On-Line does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. Tennis On-Line shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
5 Intellectual Property Right Notice
5.1 You acknowledge and accept that all of the copyright, database rights and any other intellectual property rights which subsist in the design, layout, processes, functions, data and content of the Tennis On-Line Site are the property of Tennis On-Line, its information providers, advertisers and other licensors. No part of the Tennis On-Line Site, or its content may be copied or reproduced (except for your personal use and as per clause 2.1 of these Terms).
5.2 Tennis On-Line grants you a personal, non-exclusive, nontransferable license to access the Tennis On-Line Site and use the Tennis On-Line Site in accordance with these Terms.
6 Disclaimer and exclusion of liability
6.1 Tennis On-Line has taken all reasonable steps to ensure that the information on the Tennis On-Line Site is accurate, complete and up to date and that the Tennis On-Line Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the Tennis On-Line Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT Tennis On-Line SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE COMODO SITE, WITH THE EXCEPTION THAT Tennis On-Line DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT Tennis On-Line SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD Tennis On-Line HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE Tennis On-Line SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND Tennis On-Line ‘S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH Tennis On-Line AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF Tennis On-Line.
8 General
8.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
8.2 The rights and obligations created by these Terms are enforceable by and may be assigned by Tennis On-Line. You may not assign your rights or obligations under these Terms.
8.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
9 Governing Law and Jurisdiction
9.1 The parties agree that these Terms are governed by New Jersey law and the state and federal courts of New Jersey have exclusive jurisdiction.
If you have any complaint or query in relation to the Tennis On-Line Site of these Terms, please email info@tennison-line.com.au. |