By accessing any of the pages on the SmartTennis Online website you agree to comply with the Terms & Conditions set out below. If you do not agree with these Terms & Conditions, do not make any use of the Site and leave it immediately. Contents list

  1. Definitions
  2. About us
  3. Use Of Content
  4. Registration, log-in details and PIN
  5. Prohibited Use
  6. Trials and Redemption Voucher
  7. Use of Massages and Our Material
  8. Privacy of Your Data
  9. Warranties and Disclaimers
  10. Our liability to you
  11. Ending the Services
  12. Third Party Websites and Content
  13. Complaints
  14. Changes to these Terms and Conditions
  15. Use of Apps
  16. Other important information

1. Definitions

References to "we", "us" and "our" in these Terms and Conditions are to SmartTennis Limited. References to "you" or "your" in these Terms and Conditions are to you as a user of the Websites and Services.

"App" a mobile device application from SmartTennis for use of certain Services. Apps can be downloaded from an application distribution platform.

"Our Material" means content, data, Redemption Codes and materials (including but not limited to information, reports, reviews, comment and opinion) delivered to you as part of the Services (whether on a computer screen, in email or paper format) or contained in the Websites, including the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software and applets.

"Redemption Code"" means a code that we, one of our partners or another third party has given to you to enable your access to the Services for a limited period as part of a membership package that you are eligible for.

"Services" means the services and facilities that we make available to you on the Websites and/or via an authorised Third Party Website from time to time and "Service" shall be interpreted accordingly.

"Terms and Conditions"" means the terms and conditions set out here and the terms and conditions specific to the Service you receive (denoted by the Service name or the generic name for a product family at the beginning of the terms and conditions specific to the Service).

"Third Party Content" means content and material (including but not limited to information, reviews, comment and opinion) belonging to a third party provider of products and/or services. "Third Party Website" means the website of a third party which is linked to or from the Websites or on frames within the Websites. This includes, for example, the websites of our selected third party partners who we authorise from time to time to make available access to certain of our Services from those websites.

"Trial" means an arrangement whereby we allow you to use a Service for a limited period either on a free-of-charge or discounted basis.

"Websites" means our websites listed in the section headed "Important information about these Terms and Conditions" below, and any replacement website(s) we may use from time to time. "Website" shall have the meaning given in the terms and conditions specific to the Service you receive.

"Your Data" means information and data you have provided to us on or in connection with the Websites and/or Services, which may from time to time include Personal Data as defined by the Data Protection Act 1998 (as amended).

2. About us

2.1 We are SmartTennis Limited, a company registered in England and Wales at Companies House with company number 08942645. Our registered office is at

51A Rhodes Avenue,
Muswell Hill,
London
N22 7UR

2.2 For general enquiries not related to a particular Service you can contact us. Our contact details for enquiries about each of our Services are as set out on the Websites.

3. Use Of Content

3.1 All copyright and all other intellectual property rights in all text, images, sound, software, service marks, logos and other materials on the pages of the Site ("the Content") are owned by SmartTennis Ltd or are reproduced on the Site with permission of the relevant rights owner.

3.2 The Content may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without SmartTennis’s prior written consent, except as stated at 2.3 below.

3.3 You may read, view, print, download and (where appropriate) listen to the contents of an individual page for private and personal non-commercial use only provided that all copyright, trademark and other proprietary notices contained in the original materials on any copy of these materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the material by electronic or any other means.

3.4 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media to any third party without the prior written consent of SmartTennis.

3.5 The names, images and logos identifying SmartTennis, its projects, products and services (including, without limitation, the names "SmartTennis" "LTA"), or those of third parties, are the proprietary marks of SmartTennis, and/or may be the proprietary marks of third parties. Any use made of these marks may be an infringement of rights in those marks and SmartTennis reserves all rights to enforce such rights that it might have.

4. Registration, log-in details and PIN

4.1 To be able to use some of the Services you will need to register on the Website and log-in using your unique log-in details supplied as part of the registration process (e.g. username, password). You are responsible for keeping your log-in details confidential and they should not be shared.

4.2 You should contact us as soon as possible if you believe that anyone has obtained your log-in details without your permission or if you become aware of any other breach of security on the Websites. We will not be responsible to you if there is unauthorised access to your log- in details or unauthorised activity on the Websites as a result of your log-in details becoming known by someone else, unless this is due to our negligence.

4.3 If we issue you with a PIN number as part of the registration process, the PIN will be sent to the address you provided at the time of your application and which you stated was your current address or we may provide it to you over the telephone. If we post the PIN to you we will send you an e-mail advising you that we have done so. If you have not received the PIN within 5 working days (or such other period as we may refer to in the e-mail) you should contact us. In most cases you will not be able to access a log in area on the Websites until you enter this PIN number along with your other log-in details, although you may be able to start using certain features of some Services before receiving your PIN.

5. Prohibited Use

You may not use the Site:

5.1 for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect;

5.2 in any manner that could damage, disable, overburden, or impair the Site;

5.3 to make available personal data about any person other than yourself;

5.4 to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;

5.5 to impersonate any other person or entity or to provide inaccurate information;

5.6 in any way which is abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which will harass, distress, embarrass or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person;

5.7 for the posting, uploading, emailing or other transmission of any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation;

5.8 for the posting, uploading, emailing or other transmission of any material that contains software viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment;

5.9 to create a database (electronic or otherwise) that includes Content;

5.10 to transmit or re-circulate any Content to any third party;

5.11 in such a way so as to remove the copyright or trade mark notice(s) from any copies of any Content made in accordance with these terms; or

5.12 in any way that might bring SmartTennis, it’s affiliated organizations or the game of tennis into disrepute.

6. Trials and Redemption Voucher

General

6.1 Trials and Redemption Vouchers are made available at our discretion and may not be available for all Services.

6.2 Depending on the type of Trial or Redemption Voucher, some aspects of the relevant Service may not be fully available to you or may require you to pay to use them. Please refer to the documentation provided to you about your Trial or Redemption Voucher, or if none has been provided, the relevant Website for further details.

Trials

6.3 You cannot use the Services on a Trial basis if you are applying to use the Services under a Redemption Voucher.

6.4 If you use a Service on a Trial basis, additional usage conditions may apply depending on the type of Trial. We will inform you of any such additional conditions before you begin the Trial and we will confirm those additional conditions to you in writing by email.

6.5 The length of your Trial period will be confirmed to you when you register for the Trial. We will also send you an email confirming your registration and the length of your Trial period.

6.6 You can cancel the Trial at any time during the Trial period. For free Trials, you will not be entitled to any refund or credit from us. For Trials charged at a discount, please refer to the specific service terms for details of what refunds may be payable.

6.7 If you do not cancel at the end of your Trial period and if you receive a subscription service, then your access to the Services will automatically continue on a subscription basis and you will be charged the applicable subscription charges for the Service.

Redemption Voucher

6.8 Details of what Services are covered by your Redemption Voucher are set out on the relevant Website. The period covered by your Redemption Voucher will be stated on the Redemption Voucher itself or notified to you when you receive the Redemption Voucher.

6.9 If you use a Service under a Redemption Voucher, additional usage conditions may apply depending on the type of Redemption Voucher. We will inform you of any such additional conditions required by us when you receive the Redemption Voucher. However, if you received the Redemption Voucher from one of our partners or a third party, you should check whether they have any additional conditions that will apply to you.

6.10 To use a Service under a Redemption Voucher, you must submit it during the registration process and you will need to prove your entitlement to the Redemption Voucher. We will send you an email confirming your registration.

6.11 Redemption Vouchers maybe be exchanged for cash or used to pay for any other services that we or our group companies provide, depending on the type of Redemption Voucher (If stated on the Redemption Voucher).

6.12 Unless we give our written permission, Redemption Vouchers can only be used once and may only be used by the original recipient. If we give our written permission for you to pass Redemption Vouchers to another person, you may only do so for non-commercial purposes.

6.13 You must not tamper with any security device contained in or on the Redemption Vouchers.

6.14 If we reasonably believe that a Redemption Voucher is being used unlawfully or in breach of these Terms and Conditions, we may reject the Redemption Voucher and/or cancel your access to any Services without notifying you. We will not be responsible to you in respect of such rejection or cancellation in these circumstances.

6.15 If you cancel your use of the Services before the end of the Redemption Voucher period, you will not be entitled to any form of refund or credit from us.

6.16 We will contact you shortly before the end of the Redemption Voucher period to check whether you wish to continue using the Services. If you wish to continue after the end of the Redemption Voucher period, you will need to pay the applicable charges for the relevant Service. If you do not wish to continue, your access to the Service under the Redemption Voucher will end when the Redemption Voucher period expires.

7. Use Of Messages and Our Materials

7.1 By submitting messages, suggestions or material (including any text, photographs, graphics, video or audio) to SmartTennis/the Site you are granting SmartTennis a perpetual royalty free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the message/suggestion in whole or in part and in any form anywhere in the world.

7.2 By submitting any messages, suggestions or material to SmartTennis/the Site you agree that SmartTennis may use those materials or suggestions for any purpose and in any what it chooses, including, but not limited to, developing, manufacturing and marketing products using such materials or suggestions. Any materials you provide shall be regarded as non-confidential.

7.3 By submitting any messages, suggestions or material to SmartTennis/the Site you waive all of the moral rights that you have under Chapter IV of the of the Copyright, Design and Patents Act 1988 in respect of any such material.

7.4 If you do not wish to grant SmartTennis the rights set out above, do not submit contributions to the Site.

7.5 SmartTennis shall have the unrestricted right to post on to the Site some or all of any messages or suggestions that you submit to SmartTennis/the Site or to chose not to do so. If SmartTennis chooses to post some or all of your messages or suggestions it may thereafter remove from the Site some or all of any messages or suggestions that you submitted to SmartTennis/the Site at its discretion and without the need to give any reasons.

7.6. Message Boards

Some of the pages of the Site may contain message boards, bulletin boards, chat pages or other forums in which users are able to post material for viewing by others. SmartTennis does not edit or monitor the content of these pages and, subject to what is said below does not have any knowledge of any of the activities or information carried on in, or contained within, those pages. If anyone becomes aware that any material on those pages, or any activities carried out on those pages, are offensive, unlawful or infringe any third party rights in any way, please send an appropriately worded message to SmartTennis by email using this address: This email address is being protected from spambots. You need JavaScript enabled to view it.. SmartTennis shall then act expeditiously to remove any such material or to immobilize access to the information.

8. Privacy of Your Data

8.1 We take your privacy very seriously and we comply with the relevant provisions of UK data protection legislation. We will use any information given to us by you or collected by us during your use of the Websites and Services only in accordance with our applicable Privacy Policy.

8.2 Please be aware that we may record telephone calls you make to us for training, audit and quality purposes.

9. Warranties and Disclaimers

9.1 We will endeavour to provide the Websites and the Services with reasonable care and skill and to ensure that the Services are substantially as described on the Websites and in these Terms and Conditions.

9.2 While we try to ensure that the Websites are functioning correctly, this may not always be achievable. We do not guarantee that the Websites or Services will be available all the time or at any specific time. They may be temporarily suspended if our computer systems used to provide the Websites or Services are under repair or maintenance or are otherwise unavailable.

9.3 We do not guarantee that the Websites will be compatible with all or any hardware and software which you may use. For example, the Websites may not display or operate correctly if you access them using a mobile phone or similar device.

9.4 We take steps to ensure that the Websites and Our Material are free from computer viruses and other harmful computer programs. However, we cannot guarantee this due to the nature of the Internet. You are advised to use appropriate firewall and anti-virus software to protect your computer and data.

9.5 We use reasonable skill and care in the sourcing and supply of the information which is made available to you on or in connection with the Websites or Services. However, in the case of information we obtain from third party sources (including the details supplied by you), we cannot guarantee that any of that information is correct, accurate, complete, error free or up-to-date.

9.6 Nothing provided by us on or in connection with the Websites or Services (including but not limited to our email alerts) is, or shall be deemed to constitute financial or legal advice. The information we provide is not intended to be relied on by you in making (or refraining from making) any specific decision or to replace independent professional advice. Any and all information provided by us on or in connection the Website is for general information purposes only.

9.7 Except for the commitments we expressly make in these Terms and Conditions and any additional commitments arising out of your consumer rights granted by law, we do not make any other commitments or warranties about the Websites or the Services.

10. Our liability to you

10.1 For further information about your legal rights and how they may be affected by these Terms and Conditions including this section on our liability to you, we advise you to contact your local Citizens Advice Bureau. If any problems arise with your use of the Websites or Services please contact us as soon as possible.

10.2 Nothing in these Terms and Conditions excludes or limits our liability in respect of (a) death or personal injury caused by our negligence, (b) our fraud, (c) any other matter which it would be illegal for us to exclude or limit or to attempt to exclude or limit our liability.

10.3 We are not responsible to you for any loss or damage suffered by you which was not a reasonably foreseeable or obvious consequence of us breaching these Terms and Conditions - for example, if you and we could not have anticipated those losses before or when you accessed the Websites or used the Services or it was not obvious that those losses would result.

10.4 We are not responsible to you for losses which you suffer due to any events beyond our reasonable control.

10.5 We are not responsible to you for losses which you suffer which are not directly caused by our actions (or our failure to act).

10.6 Unless we have been negligent then we are not responsible to you for any damage caused to any hardware or software used to access, use or download the Services.

10.7 We are not responsible to you for losses you suffer under any contract you have with a third party through which your access to the Services and/ or any Website is arranged or paid for.

10.8 Save as expressly provided for in these terms SmartTennis or any of its subsidiary companies shall not be liable for any direct, indirect or consequential loss or damage (including, without limit, loss of property or profit, business revenue or opportunity or anticipated savings and loss of or damage to any data) or for any costs, claims or demands of any nature whatsoever arising directly or indirectly out of the use of or access to the Content or any part thereof or in respect of any defect therein or any failure to provide or the late delivery of the same howsoever arising. SmartTennis does not exclude its liability for death and personal injury caused by its negligence.

11. Ending the Services

11.1 You are free to stop using the Websites and any optional features of the Services at any time.

11.2 You may cancel the subscription Services at any time by notifying us using our contact details for the relevant Service. Please see the terms and conditions specific to each for details of refunds that may be available for that Service.

11.3 Please note, as you have agreed that we can begin to set up and provide the Services immediately following your request, you may not have a right to a refund if you cancel the Services using any statutory right to cancel. Please refer to the specific service terms for details of what refunds may be payable.

11.4 We may terminate or suspend your access to log-in areas of the Websites and/or your use of any of the Services without notifying you if:

11.4.1 in our view there has been a serious failure by you to comply with your responsibilities in these Terms and Conditions (for example non-payment or misuse of the Website or Our Materials or for fraud), or

11.4.2 you receive access to the Services as part of a contract you have with a third party and your right to such access comes to an end or the third party requests us to cancel your access. If we do so, we may delete our records of your registration details and Your Data without liability to you.

12. Third Party Websites and Content

12.1 The Websites may contain links to other websites and Third Party Content in respect of products and services, either directly or indirectly through frames. Where possible, we will make it clear where such links are being made. We are not responsible for Third Party Content or the availability of Third Party Websites.

12.2 You can make requests for and purchase a number of products and services on Third Party Websites via our Websites. Please be aware that such products and services are not provided by us and are provided by third parties over whom we have no control.

12.3 We do not endorse or take responsibility for any Third Party Content or any offers, arranging or advice (including but not limited to the comment, opinions, or recommendations) provided by third parties. You will need to validate the information and check the details of what is being offered by such third parties for yourself.

12.4 Third Party Content and third party products and services available on the Websites or linked to from the Websites are subject to the separate terms and conditions and privacy policies of the relevant third party (in the case of privacy policies where the third party is collecting information from you, otherwise, where we collect information from you then our relevant privacy policies will apply). You should check them on the relevant Third Party Website and ensure that you are comfortable with them (and take legal advice if necessary) before making any application for the third party’s products or services. We are not responsible for any arrangements or agreements made between you and the relevant third party and they are entered into at your sole risk and expense.

12.5 Information about third party products and/or services made available to you on or in connection with the Websites or on a Third Party Website is not intended to be an exhaustive list of all the products and/or services that could be available to you.

12.6 Where authorised by us from time to time, certain of our Services may be made available to you by our selected third party partners via their Third Party Websites. These Terms and Conditions will apply to your use of any such Services and will form a contract between you and us in respect of those Services.

13. Complaints

13.1 In the unlikely event that you have cause to complain about any of our Services, our contact details can be found on the relevant Website.

14. Changes to these Terms and Conditions

14.1 Sometimes, because of changes to the Websites or Services, changes in the law or our arrangements with third parties, we may have to make changes to these Terms and Conditions. You can tell when changes have been made by checking the version and date on which they were last modified indicated at the start of these Terms and Conditions.

14.2 We will not notify you individually of any changes in these Terms and Conditions. It is therefore important that you check these Terms and Conditions regularly and in particular on each occasion when you request Services.

15. Use of Apps

15.1 The following apply if you use an App to access our Services or aspects of our Services:

15.1.1 these Terms and Conditions apply to the use of any App and the Service through the App. These Terms and Conditions prevail over any terms which may be imposed by the application distribution platform for use of the App and/ or the Service through an App;

15.1.2 without prejudice to Clause 15.1.1, in Clauses 9 the word "Website" shall include the word "App";

15.1.3 we will endeavour to ensure the App is available. We do not guarantee that it will be available at all times or at all, or that it will be fully functional;

15.1.4 your use of any App will end at the same time as your use of the Services to which the App relates ends (however that occurs).

16. Other important information

16.1 These Terms and Conditions are a contract between you and us and form the entire agreement between us. No-one except us and you has any right to enforce these Terms and Conditions by virtue of the Contracts (Rights of Third Parties) Act 1999.

16.2 You may not transfer any or all of the rights granted to you under these Terms and Conditions to any other person.

16.3 We may in our discretion discontinue or modify any of the Websites or Services at any time. We will try to ensure that any such discontinuation or modification does not materially adversely affect the nature of the Services provided to you.

16.4 You must not create hypertext links to the Websites without our prior written permission.

16.5 All communications between us will be conducted in the English language.

16.6 Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.

17 Competitions And Prizes

17.1 From time to time SmartTennis may run competitions, free prize draws and promotions on the Site. In each case these will be subject to additional competition terms which will be made available on the Site.

18 Choice Of Law And Jurisdiction

18.1 These Terms shall be governed by, and construed in accordance with, English law and the parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

19 General

19.1 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.

19.2 Failure by either party to exercise any right or remedy under these terms does not constitute a waiver of that right or remedy. Headings in these terms are for convenience only and will have no legal meaning or effect.