Mobile App Terms and Conditions

TENNISCALL Mobile App - Terms and Conditions

1. Introduction

1.1. These terms and conditions will apply to any use by you (the “User”) of the mobile app or mobile site, including without limitation the technologies, platform, and content that we offer, henceforth collectively referred to as “TennisCall”, “TennisCall Products” or “Products”. These terms are applicable in all cases except where we expressly state that separate Terms (and not these) apply.

1.2. By using our Products, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our products.

1.3. If you register with TennisCall, submit any material to our products or use any of our products, we will ask you to expressly agree to these terms and conditions.

1.4. You must be at least 16 years of age to use our products; by using our products or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age to use our products.

1.5. Our products use cookies; by using our products or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

2. License to Use TennisCall

2.1. You may only use our products for your own personal purpose, and you must not use our products for any other purposes (including commercial).

2.2. Notwithstanding Section 2.1, you may only use TennisCall for commercial purposes if you have been registered and approved as a Partner or service provider on TennisCall.

2.3. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our products.

2.4. Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our products (including republication on another website or service);

(b) sell, rent or sub-license material from our products;

(c) show any material marked confidential from our products in public;

(d) exploit material from our products for a commercial purpose; or

(e) redistribute material from our products.

2.5. We reserve the right to restrict access to areas of our products, or indeed our whole website or app, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our products.

3. Acceptable Use

3.1. You must not:

(a) use our products in any way or take any action that causes, or may cause, damage to our products or impairment of the performance, availability or accessibility of our products;

(b) use our products in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our products to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our products without our express written consent;

(e) access or otherwise interact with our products using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for our products; or

(g) use data collected from our products for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

3.2. You must not use data collected from our products to contact individuals, companies or other persons or entities outside of TennisCall products.

3.3. You must ensure that all the information you supply to us through our products, or in relation to our products, is true, accurate, current, complete and non-misleading.

4. Use on Behalf of Organisation

4.1. If you use our products or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to "you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

5. Registration and Accounts

5.1. To be eligible for an account on our products under this Section 5, you must be qualified to do so as per section 1.4 above.

5.2. You may register for an account with our products by completing and submitting the account registration form on our products.

5.3. You must not allow any other person to use your account to access our products.

5.4. You must notify us in writing immediately if you become aware of any unauthorised use of your account.

5.5. You must not use any other person's account to access our products, unless you have that person's express permission to do so.

5.6. You must use the same name that you use in everyday life.

5.7. You must provide accurate information about yourself.

5.8. You must create only one account (your own) and use it for personal purposes only unless you are qualified to use it for commercial purposes as per section 2.2 above.

6. User Login Details

6.1. If you register for an account with our products, you will be asked to provide either an email and password or your social identity through a third party provider such as Facebook, Google and/or other similar services.

6.2. Your username must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3. You must keep your password confidential.

6.4. You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5. You are responsible for any activity on our products arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7. Cancellation and Suspension of Account

7.1. We may:

(a) edit your account details;

(b) temporarily suspend your account; and/or

(c) cancel your account, at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 7.1.

7.2. You may cancel your account on our products by sending a form through the Contact Us section of our website or mobile app.

8. Social Features

8.1. Registered users will have access to such additional features on our products as we may from time to time determine, which may include:

(a) facilities to complete a detailed personal profile on our products, to publish that profile on our products, and to restrict the publication of that profile to particular groups or individuals registered on our products;

(b) the facility to send private messages via our products to particular individuals registered on our products; and

(c) the facility to host matches, lessons, tournaments and share them with particular individuals registered on our products or publicly to groups or individuals who have not registered on our products ; and

(d) the facility to post and publish text and media on our products.

8.2. You acknowledge that we cannot be held responsible for the behaviour of our users, either on or off our products, and we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 15.1 you will not hold us liable in respect of any loss or damage arising out of any user behaviour or user information.

8.3. You agree to the publication of posts, messages, comments or other articles relating to you, by others, on our products; you acknowledge that such posts may be critical or defamatory or otherwise unlawful; and, subject to Section 16.1, you agree that you will not hold us liable in respect of any such posts, irrespective of whether we are aware or ought to have been aware of such posts.

9. Personal Profile and Data

9.1. All information that you supply as part of a personal profile on our products must be true, accurate, current, complete and non-misleading.

9.2. You must keep your personal profile on our products up to date.

9.3. Personal profile information must also comply with the provisions of Section 3 and Section 13.

10. User Reviews

10.1. We publish reviews by users on our products.

10.2. Any user may submit reviews for publication on our products, subject to these terms and conditions.

10.3. Your reviews must be honest, reasonable and bona fide reviews of the subject matter.

10.4. You may only post a review if you have experienced, used or otherwise purchased the product or service that you are reviewing.

10.5. You must not post a review if:

10.5.1. you have a financial interest in the subject matter of the review;

10.5.2. you are an owner, partner, member, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review; and/or

10.5.3. you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.

10.6. For the avoidance of doubt, your reviews constitute "your content" for the purposes of Section 13 and Section 14.

10.7. You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us OR your user ID, but we shall have no obligation to do so.

10.8. You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.

10.9. You acknowledge that the user reviews published on our products are submitted by users, and that we do not usually review, approve or edit such reviews; accordingly, we do not warrant the completeness or accuracy of the user reviews.

11. Service Rules

11.1. You must not use our products to advertise, buy, sell or supply intangible products or downloadable products.

11.2. You must not advertise, buy, sell or supply through or in relation to our products any service that:

(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;

(b) involves the supply, distribution or publication of any material that would, if published on our products by you, contravene the provisions of Section 3 or Section 13; or

(c) relates to drugs, narcotics, steroids or controlled substances; relates to pornography or obscene, indecent or sexually explicit materials; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of any intellectual property right.

12. Your Content: License

12.1. In these terms and conditions, "your content" means all works, materials, personal or customer data (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files that you submit to us or our products for storage or publication on, processing by, or transmission via, our products.

12.2. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to our products and any successor products.

12.3. You grant to us the right to sub-license the rights licensed under Section 24.2, except as specified in Section 24.8.

12.4. You grant to us the right to bring an action for infringement of the rights licensed under Section 24.2.

12.5. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

12.6. You may edit your content to the extent permitted using the editing functionality made available on our products.

12.7. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

12.8. When acting as a data processor we withdraw all rights to sub-license and cannot disclose your content to any third party, service, or company outside of TennisCall except when it is necessary to do so in order to maintain and operate the TennisCall Products (eg. hosting of servers in third party cloud hosting service providers).

13. Your Content: Rules

13.1. You warrant and represent that your content will comply with these terms and conditions.

13.2. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

13.3. Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

14. Reporting Abuse

14.1. If you learn of any inappropriate or unlawful material or activity on our products, or any material or activity that breaches these terms and conditions, please let us know.

14.2. You can let us know by writing an email to info@tenniscall.com or by clicking the "Report Abuse" button. Our admin will then review your report and take necessary action to stop the abuse. Your safety is our priority.

15. Limited Warranties

15.1. We do not warrant or represent:

(a) the completeness or accuracy of the information published on our products;

(b) that the material on our products is up to date; or

(c) that our products or any service on our products will remain available.

(d) We reserve the right to discontinue or alter any or all of our products services, and to stop publishing our products, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing our products.

(e) To the maximum extent permitted by applicable law and subject to Section 28.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our products and the use of our products.

16. Limitations and Exclusions of Liability

16.1. Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

16.2. The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:

(a) are subject to Section 16.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

16.3. To the extent that our products and the information and services on our products are provided free of charge, we will not be liable for any loss or damage of any nature.

16.4. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

16.5. We will not be liable to you in respect of any loss or corruption of any data, database or software.

16.6. We will not be liable to you in respect of any special, indirect or consequential loss or damage.

16.7. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with our products or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

17. Indemnity

17.1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our products or any breach by you of any provision of these terms and conditions.

18. Breaches of These Terms and Conditions

18.1. Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our products;

(c) permanently prohibit you from accessing our products;

(d) block computers using your IP address from accessing our products;

(e) contact any or all of your internet service providers and request that they block your access to our products;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our products.

18.2. Where we suspend or prohibit or block your access to our products or a part of our products, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Third Party Websites

19.1. our products includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2. We have no control over third party websites and their contents, and subject to Section 16.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Trademarks

20.1. TennisCall logos and our other registered and unregistered trademarks are trademarks belonging to us; we give no permission for the use of these trademarks, and such use may constitute an infringement of our rights, unless you have obtained a written approval from us.

20.2. The third party registered and unregistered trademarks or service marks on our products are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

21. Variation

21.1. We may revise these terms and conditions from time to time.

21.2. Unless otherwise required by law, we will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our products from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our products.

22. Severability

22.1. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

22.2. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

23. Third Party Rights

23.1. A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

23.2. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any

third party.

24. Entire Agreement

24.1. Subject to Section 16.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our products and shall supersede all previous agreements between you and us in relation to your use of our products.

25. Copyright Notice

25.1. Copyright (c) 2018 TennisCall Services Ltd.

25.2. Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our products and the material on our products; and

(b) all the copyright and other intellectual property rights in TennisCall and the material on our products are reserved.