Terms and conditions of use
Last Updated October 2018
Terms and conditions are subject to change without notice.
- Copyright notice
- Licence to use website
- Acceptable use
- Registration and accounts
- User IDs and passwords
- Cancellation and suspension of account
- Your content: licence
- Your content: rules
- Limited warranties
- Limitations and exclusions of liability
- Breaches of these terms and conditions
- Third party rights
- Entire agreement
- Law and jurisdiction
- Statutory and regulatory disclosures
- Our details
- Cancellation of bookings
- Wet weather policy
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, 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 website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com)
3 .Copyright notice
3.1 Copyright (c) 2018 All Star Tennis Ltd
3.2 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 website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website;
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal use, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website 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 website 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 website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6. Registration and accounts
6.1 To be eligible for an individual account on our website under this Section 6, you must [be at least 18 years of age and resident in the United Kingdom].
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7. User IDs and passwords
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8. Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
9. Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 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.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 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.
10. Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 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).
10.3 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.
11. Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, 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 the website.
11.3 To the maximum extent permitted by applicable law and subject to Section
11.4 we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
- 2 Limitations and exclusions of liability
12.1 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.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; 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.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 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 the website 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)
13. Breaches of these terms and conditions
13.1 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 website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. 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 website 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 website.
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 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.
16.2 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.
17. Third party rights
17.1 These terms and conditions are for our benefit and your benefit, and these terms and conditions are not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.
18. Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19. Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20. Statutory and regulatory disclosures
20.1 We are registered as providers of Park Tennis with the LTA in England and are subject to the rules and Regulations of the LTA (including the Tennis Foundation, which can be found at http://www.lta.org.uk/Footer/about-us/Policies-and-Rules/LTA-Rules-and-Regulations/
20.2 We subscribe to the LTA Clubmark codes of conduct, which can be consulted electronically at http://www.clubmark.org.uk/what-clubmark/clubmark-criteria
20.3 Our VAT number is 157478373
21. Our details
21.1 This website is owned and operated by All Win Tennis Ltd (a partnership between All Star Tennis Ltd and Will to Win Ltd trading as All Star Tennis)
21.2 All Win Tennis Ltd is registered in England and Wales under registration number 08036812, and our registered office is at 277-279 Chiswick High Road, London W4 4PU
21.3 Our principal place of business is in Wandsworth, London namely at Wandsworth Common Tennis and Bowls Centre, King George’s Park Tennis and Bowls Centre, Tooting Common Tennis Courts, Leader’s Gardens Tennis Courts, Furzedown Rec Tennis Courts and Wandsworth Park Tennis Courts.
21.4 You can contact us by writing to the business address given above, by using our website contact form, by email to firstname.lastname@example.org or by telephone on 020 8871 4706.
22.1 We will advertise courses and course availability in good faith and endeavour to fulfil these wherever possible. Changes to our published programme will be notified to all individuals concerned.
22.2 Opening and closing times of our facilities vary throughout the year and can be confirmed by calling 020 8871 4706.
22.3 All players and visitors must adhere to all notices, signs and information intended for the safety of you and others.
22.4 If you suffer an injury on our premises, it is your responsibility to report it to a member of staff immediately.
22.5 Any individuals / groups behaving in any way deemed by All Star Tennis to be abusive, vulgar, racist, sexist, defamatory, sexually orientated or obscene or which will harass, distress, embarrass or inconvenience any person (including staff) or which might restrict or inhibit the use and enjoyment of the facilities by any person will be asked to vacate the Centre and grounds.
22.6 People not playing sports should respect players on court by not making too much noise or causing any distractions.
22.7 Please respect your own and others’ possessions. All Star Tennis accepts no responsibility for items lost, stolen or damaged on the premises.
22.8 Lost property, balls or equipment found should be handed back to the owner or to reception.
22.9 Damage caused whilst at All Star Tennis is chargeable to the offender(s). To the extent permitted by law, All Star Tennis will not accept responsibility for any injuries incurred during play at All Star Tennis in any weather/ground conditions.
22.10 Appropriate sporting attire should be worn on court and shirts must be worn at all times.
23.1 Wherever possible, for the sake of accuracy, bookings must be made through our website by the individual concerned. Bookings through our website may be discounted. If we accept bookings by telephone, or in person, at the Tennis Centre Offices these discounts may not apply.
23.2 Online bookings are accepted using debit or credit cards payments on our secure user application website https://allstaruser.sportserve.net via the Secure Trading Ltd payment gateway and HSBC.
23.3 Memberships run for 365 days from the date of purchasing.
23.4 Member Plus players may make tennis court bookings up to 7 days in advance all All Star Tennis venues and must be present on court for any court booking in their name.
23.5 All Star Tennis may terminate or impose sanctions on Member Plus holders in the event of any breach of the Terms & Conditions.
23.6 COURT BOOKINGS
23.6.1 Court bookings are available on the hour. Payment must be made at the time of booking.
23.6.2 Free walk-on access to courts for juniors must be agreed with the Centre’s reception before play.
23.6.3 Court bookings can be made on online, over the telephone or in person. Advance court bookings are only available for Member Plus players.
23.6.4 Court fees are based on peak and off-peak times. Discounts for Member Plus players apply. Peak and off-peak times are subject to change. Visit allstartennis.co.uk/book-a-court/ for the most up-to-date court prices.
23.6.5 Court bookings should be made in the name of a player who will be on the court. Players may be asked to leave the court if the named person who made the booking is not present.
23.6.6 Attendance later than 10 minutes after the booked hour may result in the court being sold to another player.
23.6.7 Court usage in adverse weather conditions is at the individual’s risk.
23.6.8 All Star Tennis reserves some courts for Centre programmes and events.
23.6.9 Only coaches who have a valid signed All Star Tennis Coaching Agreement may provide and charge for coaching services. Use of baskets/bags of tennis balls is restricted to these coaches only. Only these coaches can book courts in advance for individual coaching lessons.
23.6.10 Free walk-on courts are available to juniors aged 16 years and under, Monday to Friday between 3-5pm, subject to availability. Players should enquire at reception for availability, and time limit is dependent on court availability. Applicable to juniors playing with adult.
23.7 GROUP COACHING
23.7.1 Registration should be completed prior to the course start date.
23.7.2 Payment must be made upon registration to secure a place.
23.7.3 Places are sold on a first-come first-served basis.
23.7.4 Consent information is required for all junior programmes.
23.7.5 Once the maximum number of attendees is reached, a waiting list will be created and customers will be contacted if places become available.
23.7.6 The coaching staff and Centre staff will advise any attendee of a more appropriate session or have the right to exclude them from a session if they are not the right standard.
23.7.7 If a course is undersubscribed and cancelled, the Senior Coach/Centre staff will suggest alternative arrangements to attendees. ‘
23.7.8 If you join a course that has already started, you will be charged on a pro-rata basis.
23.7.9 A missed session may be replaced only with another suitable session at the sole discretion of the Senior Coach, subject to availability. The arrangement must be made in advance.
23.7.10 Missed sessions will not be credited unless there are exceptional circumstances e.g. doctor’s note.
23.7.11 Players must inform All Star Tennis of any medical condition or disability which may be relevant to the adult or child booked into an activity. Players must also notify us of any change or deterioration of any such medical condition or disability. We will keep this information confidential and handle such issues with discretion. It is our policy to include any such individuals within the scheduled courses wherever possible, but we reserve the right to refuse the booking if we are regrettably unable to accommodate the needs of the individual.
23.7.12 We reserve the right to refuse entry to a course or advise a more appropriate session if any participant is found not to be of the correct age/ability, or is unable to complete a course due to being in the incorrect age/ability group
23.7.13 All children booked onto junior courses and camps are fully supervised, but we cannot supervise children using the courts at other times.
23.7.14 All children booked onto junior courses and camps must bring appropriate weather protection on court at the beginning of the session. They are not permitted to leave the court without permission from the coach.
23.7.15 Permission for children to be released and go home alone must be given in writing. If written permission is not received and contact cannot be made with a parent/guardian, we will keep the child until they are picked up or contact is made.
23.7.16 We are unable to accept replacements in lieu of your booking.
23.8 INDIVIDUAL COACHING
23.8.1 Individual coaching sessions are arranged directly with the coach concerned.
23.8.2 Management of coach bookings is controlled by the coach in question.
23.8.3 Payments can be made directly to the coach who is responsible for court and facility fees.
23.8.4 Any coaches who are not contracted by All Star Tennis will have to vacate courts immediately. No court fee refunds will be given to individuals involved.
24. Cancellation of bookings
24.1 All amendments, changes and or cancellations must be submitted in writing by email to email@example.com and agreed and acknowledged by the All Star Tennis Reception Team
24.2 If you wish to cancel a tennis course, the cancellation must be sent by email to firstname.lastname@example.org and be received a minimum of seven days before the course begins. Verbal cancellations will not be accepted under any circumstance. On cancellation of a course booking up to seven days or more prior to the first session, a refund will be given, less £20 administration fee. No refunds available after that date. We are unable to accept replacements in lieu of your booking.
24.3 Changing from one tennis course to another will incur a £10 charge (change free for Member Plus) and must be arranged at least seven days prior to the start date of the course you wish to move from. Changing a course whilst the course is running may be possible (subject to availability) and will incur a £10 charge plus any additional course fee (if greater).
24.4 Cardio Tennis sessions must be paid for at the time of booking and may be moved or amended up to 24 hours before the session begins. Cancellations or amendments made 24 hours or more before the session begins (made in writing, by phone or in person) will be credited in full to your account and must be used within 3 weeks, no refunds will be issued. Cancellations that take place after 24 hours before the session begins will not be credited and no refunds will be given.
24.5 Social Tennis sessions must be paid for at the time of booking and may be moved or amended up to 24 hours before the session begins. Cancellations or amendments made 24 hours or more before the session begins (made in writing, by phone or in person) will be credited in full to your account and MUST be used within 3 weeks, no refunds will be issued. Cancellations that take place after 24 hours before the session begins will not be credited and no refunds will be given.
24.6 Sessions cannot be re-scheduled or refunded if you are unable to participate due to personal reasons.
24.7 Court bookings must be paid for at the time of booking and may be moved or amended up to 4 hours before the session begins. Cancellations or amendments made 4 hours or more before the session begins (made in writing, by phone or in person) will be credited in full to your account and must be used within 2 weeks, no refunds will be issued. Cancellations that take place after 4 hours before the session begins will not be credited and no refunds will be given.
24.7 For Member Plus, no cancellation or refund is possible once the 14-day cooling off period is over.
25. Weather policy
25.1 Courses: Players must bring protection from showers. Courses will go ahead unless persistent heavy rain makes the courts unplayable. Please be aware that courts can be slippery at times, even when it is not raining. A decision regarding weather conditions is made 30 minutes before the start time. We will contact you if the session needs to be postponed or cancelled. If more than one session is lost to rain during a course, we will offer an alternative session or a voucher. For evening courses, rained off sessions will be offered a make up session or offer of 50% credit.
25.2 Sessions: Sessions will go ahead unless persistent heavy rain makes the courts unplayable. All players play at their own risk. Please be aware that courts can be slippery at times, even when it is not raining. A decision regarding weather conditions is made 30 minutes before the start time. We will contact you if the session needs to be postponed or cancelled. If 50% or more of a session is lost due to the weather players will be credited for a full session.
25.3 Court Bookings: If more than 30 minutes is lost due to severe weather full credit will be issued at the discretion of All Star Tennis and will be valid for 1 month.