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Tennismart PTY LTD - Terms of Use

1 Terms of Use

The Tennismart website (the 'Website') is owned and operated by Tennismart Pty Ltd ACN 114 802 907 (Tennismart). Your access to this Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as the 'Terms of Use'). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use. Tennismart reserves the right to amend the Terms of Use at any time.

2 Your Obligations

You must use the Website in a responsible manner. You must not:

(a) use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standard or codes;
(b) use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internet;
(c) use the Website to send unsolicited email messages;
(d) in any way tamper, hinder or modify the Website;
(e) knowingly transmit any viruses or other disabling features to the Website or via the Website; or
(f) attempt any of the above acts or facilitate or assist another person to do any of the above acts.

3 Copyright and Trade Mark Notice

The material on the Website, the software, design, text and graphics comprised in the Website and the selection and layout of the Website are owned or licensed by Tennismart and protected by copyright law under the laws of Australia and International Copyright laws.

The Website does not grant you a licence nor acts as a right of use of any of the trademarks or logos, whether registered or unregistered, that are displayed on the site without the express written permission of the trademark owner.

You may view this Website and its contents using your web browser. In visiting the Website, you are able to save an electronic copy of the Website by means of the usual operation of your web browser only.

You must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for Tennismart or expressly authorised in writing by Tennismart.

4 Restrictions on Use

You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Tennismart or an associated entity or which is prohibited by the Terms of Use.

5 Advertising, Third Party Content and Links to Third Party Websites

The Website contains hyperlinks and other pointers to Internet Websites operated by third parties. Tennismart does not control these linked Websites and is not responsible for the contents of any linked Website or any hyperlink contained in a linked Website. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by Tennismart of the site or the products or services provided at those sites. You link to any such Website entirely at your own risk.

The Website also contains products and services offered for sale or advertised. Much of the information provided on the Website concerning the products or services is information from third parties. Tennismart is not responsible for the accuracy of this information or the suitability or quality of the products and services of the third parties. You should contact the relevant third party supplier direct to enquire on that information prior to entering into a transaction in relation to the third party products and services depicted in the Website. You should also enquire with the third party supplier the presence of any additional charges or relevant terms. The third party products, services and information are not provided or endorsed by Tennismart and your legal relationship is with the third party supplier.

6 Prices, Products and Services are Subject to Change

All prices displayed and products and services offered to be supplied on the Website are subject to change without notice.

7 No reliance on Information

The information contained in the Tennismart Website is presented for the purpose of educating consumers on financial matters. All information contained on the Website, including information relating to financial services, financial products and other financial matters is for information purposes only. Nothing contained in the Website is intended to be instructional for financial assessment or other finance related purposes.

The information should not be considered complete, nor should it be relied on to make a particular financial investment or decision. The information should not be used in place of a visit, call, consultation or the advice of your accountant or other qualified professional financial service provider. Information obtained from the Website is not exhaustive and therefore does not cover all aspects of financial services.

The Information on the Website has been compiled from a wide variety of sources ranging from financial publications to non-authoritative Websites of unclear ownership. It is neither feasible nor practicable to confirm the accuracy of every piece of information compiled from all these varied sources. Information may be written, created, or compiled by people who are not financial experts. Information is not necessarily reviewed for accuracy by financial experts.

Nothing in the Website, or any communication with Tennismart, its employees, agents or service providers should be construed as creating a financier-client relationship, or of providing financial advice.

8 Indemnity

By entering into the Website, you agree to indemnify Tennismart from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

9 Disclaimer

Some legislation such as the Australian Trade Practices Act 1974 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you Tennismart via the Website which cannot be excluded, restricted or modified (your 'Statutory Rights'). Tennismart all conditions and warranties implied by custom, law or statute save for your statutory rights.

Save for your Statutory Rights, in respect of the Website:

(a) All material on the Website is provided to you without warranties of any kind, either express or implied;
(b) Tennismart expressly disclaims all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
(c) Tennismart does not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components;
(d) Tennismart does not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise;
(e) Tennismart does not warrant or make any representation that the information on the Website is appropriate to your particular situation or health care issues or the information is written, created, compiled or reviewed by medical experts; and
(f) You solely assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant information contained on the Website.

To the extent permitted by law, including but not limited to any act or omission on the part of Tennismart, Tennismart will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that Tennismart does not exert control over users of the Internet and is not liable for damage suffered by you, either directly or indirectly, as a result of you accessing the Website.

10 Limitation of Liability

To the extent permitted by law, Tennismart's liability for breach of any implied warranty or condition which cannot be excluded by the Terms of Use is limited, at the option of Tennismart, to one or more of the following:

(a) In the case of services supplied or offered by Tennismart:

(i) the supply of the services again; or

(ii) the payment of the cost of having the services supplied again.

(b) In the case of goods supplied by or offered by Tennismart:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the costs of replacing the goods or acquiring equivalent goods;

(iv) the payment of the costs of having the goods repaired.

11 Miscellaneous

Tennismart relies upon your continued observance of the Terms of Use. In the event that Tennismart suffers loss or damage or incurs any costs associated with any breach of the Terms of Use or any associated legal obligation, you agree to indemnify Tennismart for those losses, damages and costs.

The Terms of Use are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Tennismart does not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in this Website may not be legal by certain persons or in certain countries. If you access the Tennismart Website you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

All rights not expressly granted herein are reserved.

If Tennismart does not act in relation to a breach of the Terms of Use by you, this does not waive Tennismart's rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

12 Termination

The Terms of Use are effective until terminated by Tennismart. Tennismart may terminate the Terms of Use and your access to the Website at any time without notice. In the event of termination, all restrictions imposed on you by the Terms of Use and/or disclaimers and limitations of liability set out in the Terms of Use will survive.