The Terms and Conditions (Terms) are provided below to assist with your understanding of the Your Tennis Mate Platform (Platform). If you have any questions in relation to the Terms please contact us at info@yourtennismate.com.
Your Tennis Mate Pty Ltd (ACN 622 125 302), trading as Your Tennis Mate (Your Tennis Mate, YTM, we or us) operates a digital platform (Services or Platform) allowing users (User or You) to connect across Australia and globally through the platform including via our websites at https://www.yourtennismate.com & https://www.yourtennismate.com.au, mobile applications and any other products or platforms we may introduce at a future date.
Please read these Terms and all Your Tennis Mate Pty Ltd Policies (including Privacy Policy and Terms of Use), which combined form the agreement (Agreement) before you use the Services or Platform offered by Your Tennis Mate.
Please note, by using the Platform, services or products provided by Your Tennis Mate you are taken to confirm that you agree and consent to be bound by this Agreement.
1.1. Your Tennis Mate Pty Ltd provides a digital platform for tennis providers who wish to list and advertise their tennis offering for people (Players) who wish to view and/or book these services. Tennis providers (Coaches, Fitness Professionals, Court Owners and other tennis specific service or product providers) can list their offerings such as tennis courts, coaching services or other tennis services and products on the platform. The Services to be provided on the Your Tennis Mate will be reviewed and updated from time to time. In addition to the points set out below
1.2. A reference to User in this Agreement includes Tennis Providers and Players and any other person that visits, views or uses the Platform.
1.3. A User creates an account with Your Tennis Mate when she/he acceptably completes a sign-up or registration form on the Platform or via an external channel as communicated by Your Tennis Mate from time to time.
1.4. Your Tennis Mate offers the Platform only. Apart from permitting a Player to find a Court or Tennis Provider for a particular product or service, Your Tennis Mate accepts no liability for any aspect of the engagement, relationship or interaction between the Player and Tennis Provider, including but not limited to the description, performance and quality of services or products.
1.5. Your Tennis Mate has no obligation to any User to involve itself or help in any way in any dispute between Users.
1.6. All information and descriptions related to products or services provided by Tennis Providers and profile descriptions by Players is supplied by the relevant Users.
1.7 . Unless expressly stated to the contrary, Your Tennis Mate does not have any responsibility, requirement or ability to review, approve or verify any User provided information prior to publication on the Platform. Your Tennis Mate will however verify coach profiles prior to allowing listing on the Platform.
1.8. You expressly agree and consent to the fact that Your Tennis Mate has no responsibility and makes no warranty or guarantee to the accuracy or truth of any aspect of any information provided or published by Users (including all Players and Tennis Providers), including, but not limited to, the ability of Tennis Providers to provide products or perform services, or the honesty, integrity or accuracy of any information provided by Users or Users ability to pay for the services or products requested.
2.1. A Tennis Provider with an ability to perform a service or provide a product, performs the following steps:
i. Creates an account with Your Tennis Mate
ii. Sets up a profile that displays specific features (name, qualifications (if applicable), price, service, location, contact details etc). This is a non-exhaustive list
iii. If booking schedule functionality is required they will pay for a booking schedule (based on suitable package)
iv. Reviews and accepts or declines requested bookings sent by Players
2.2. A Player who wishes to book a Tennis Provider for a service or product, performs the following steps:
i. Creates an account with Your Tennis Mate
ii. Reviews the Tennis Providers profiles displayed on the Platform
iii. Sends request for booking (booking request) to preferred Tennis Provider.
2.3. Booking requests are subject to further terms set out in the Booking requests section below.
2.4. Booking requests will be limited to the Player that sends the Booking Request or to any person nominated by the Player (i.e. where a parent or guardian nominates their child or tennis partner) unless the Tennis Provider specifically approves the attendance of other Players. The Player acknowledges and agrees that a Group booking request (for Tennis Services) may have a differing fee structure so additional fees and costs may be incurred if any additional person(s) attends or uses the Tennis Provider’s service, product or court.
2.5. A Tennis Provider has up to 2 hours to respond to a booking request from the time the booking is requested. If a Tennis provider wishes to provide a product, service or access to a Player, the Tennis Provider can choose to accept the Booking Request via the functionality of the Platform and in do so, the Tennis Provider confirms and accepts that s/he is legally entitled to, qualified (if required), certified (if required) insured (if required) and capable of providing the services, product or offering described in the Booking Request.
2.6. When a booking request is made and confirmed, a ‘pre-authorisation’ is implemented to place a ‘hold’ on the finances in the Player’s nominated account or credit card for the amount of the Tennis Provider’s fee. Your Tennis Mate will notify the Payer if the ‘pre-authorisation’ has failed (this can occur due to a variety of reasons, including insufficient funds). Your Tennis Mate will attempt the ‘pre-authorisation’ process up to three (3) times following the first failed attempt. Upon the fourth and final attempt, the ‘pre-authorisation’ process is failed the Booking Request will be cancelled. The Player may update the details of the nominated account or credit card at any time until the Final pre-authorisation process.
2.7. The Tennis Provider’s fee will be immediately deducted from the Player’s nominated account upon acceptance of the booking request. This will be held for release to the Tennis Provider in accordance with clause 10 or otherwise be dealt with in accordance with this Agreement. 2.8. A Tennis Provider may accept or decline a Booking Request at his/her own discretion. We are not liable for any disputes within the Booking Request process (i.e. acceptances and declines). If a Tennis Provider accepts and subsequently cancels the booking request the refund policy is dependant on the terms and conditions set out by the Tennis Provider.
2.9. Once a Tennis Provider has accepted a Booking Request and the subsequent fee has been deducted from the Player’s nominated account, the Tennis Provider and Player will be deemed and taken to have entered into a separate contract (Tennis Provider Contract) under which the Tennis Provider agrees to provide the relevant product, service or access to court, and the Player agrees to accept the Tennis product, service or limited access to a court (Tennis Offer) for an agreed fee (Tennis Provider Fee).
2.10. The terms of the Tennis Provider Contract incorporate the terms of this Agreement (to the extent they apply to the Tennis Provider and Player). Additionally any other terms and conditions agreed between the Player and Tennis Provider, including Tennis Offer description and price of the services, product or access to court to be provided. You agree not to enter into any contractual provisions in a Tennis Provider Contract that conflict with this agreement, If conflicts between terms and conditions arise, the terms and conditions incorporated in this Agreement which are incorporated in a Tennis Provider Contract take priority over any other terms agreed between a Player and a Tennis Provider in the Tennis Provider Contract to the extent of any inconsistency or discrepancies.
2.11 A Player may cancel a Tennis Provider Contract by cancelling the Booking Request prior to acceptance by the Tennis Provider. If a Player cancels a Booking Request the refund amount and process is determined by the Tennis Provider’s cancellation policy and how close the cancellation time is to the booked time. Subsequently, the player must pay the Tennis Provider fee in respect of that Booking unless the Tennis Provider provides a form of credit or refund via their separate terms and conditions.
2.12 The Tennis Provider must provide the service, product or access to court in accordance with the Tennis Provider Contract, unless the services are prohibited by law, by this Agreement, an agreement between the Player and Tennis Provider or by any of our Policies.
2.13 Once the Tennis Provider has provided the relevant product, service or access to court or accepted the booking in accordance with the Tennis Provider Contract, the Tennis Provider Fee will be automatically released by Your Tennis Mate for payment to the Tennis Provider after the appropriate deduction for the relevant fees payable to Your Tennis Mate have been made in accordance with this Agreement.
2.14 Upon receiving a product or service or using a court, Players are strongly encouraged to complete a review on Your Tennis Mate using the review and feedback features on the Platform. Your Tennis Mate, may from time to time, contact you to remind you to complete a review or discuss your review. Your Tennis Mate retains the right to edit, update or remove reviews from the Platform as it sees fit.
3.1. The types of Tennis Provider Profiles that will be on the Platform include:
a) Tennis Court Providers
b) Tennis Service Providers (Coaches, Fitness Professionals, Hitting Partners, All other services and product providers)
3.2 A Tennis Provider will be required to disclose the following details in order to be listed on the Platform:
a) Personal Details : name, mobile number, suburb, address (if Tennis court provider), date of birth and email address;
b) Photograph: for Tennis Service Providers this will need to be a photograph of the person who will be providing the service. For Tennis Court Providers this will need to be an actual/accurate photograph of the tennis court that is listed for booking. This photograph will be displayed on the Platform.
c) Availability: proposed dates and times for the Tennis Provider. This will be displayed on the Platform via a calendar.
d) Fee/Prices: the fee that the Tennis Provider will charge for the service, product or court access. The price listed on the platform will be inclusive of any Your Tennis Mate fees that will be deducted as per this Agreement and our other Policies. e) Qualifications, Requirements & Checks (required for Tennis Service Providers) : detailed list of all qualifications held by Tennis Provider. Confirmation of valid Working with Children check and relevant first aid certificate (if required).
f) Location: proposed location for any Tennis service, product or court access.
g) Bank details: bank account details to be used for receiving payments by Electronic Funds Transfer (EFT)
3.3. Tennis Provider must describe the service or product clearly and accurately and include all terms of supply and service that the Tennis Provider wishes to apply, as well as all information required by law. You must have the legal right to any content (including slogans and imagery) that you post as part of your profile.
3.4. The Tennis Provider acknowledges, agrees and accepts that the Tennis Provider Fee is the total fee payable by the Player. The Tennis Provider is exclusively responsible for any amounts necessary to pay for any facility, court or equipment hire required for a product or service provided.
3.5. A Tennis Provider Profile will only be uploaded and posted to the live platform once the required fields and details identified in Clause 3.2 are sufficiently completed.
3.6. Your Tennis Mate may, at any time in its sole discretion, remove any Tennis Provider’s Profile from the Platform for any reason (specifically if any negative reviews have been received or ‘5 star rating’ falls below an average of ‘3 stars’).
3.7. Tennis Services providers must provide all equipment necessary to provide the service Booked by the Player.
3.8. Each Tennis Provider, before accepting any Booking Request, ensure that they have a current and valid qualifications or court availability to provide the service, product or court hire.
3.9 A Tennis Provider must not enter into any arrangement or agreement with a Player in respect of the Tennis Provider’s services (External Arrangement) other than those entered into via a Tennis Provider Contract through the Platform.
3.10 If and to the extent a Tennis Provider breaches the clause set out in
3.9 or any other relevant provisions or clauses , without limiting Your Tennis Mate’s rights, the Tennis Provider accepts, agrees and acknowledges that:
a) Your Tennis Mate will suffer loss and damage;
b) Your Tennis Mate is entitled to seek to recover losses and damages from the Tennis Provider for, or otherwise withhold from any amount owing to the Tennis Provider an amount equal to 25% of the funds received by the Tennis Provider in respect of the External Arrangement; and
c) Such amount is Your Tennis Mate’s genuine and pre-estimate valuation of the loss and damage that it will suffer in those circumstances.
4.1 By accepting a Booking Request, a Tennis Provider agrees to provide the relevant service, product or court hire for the requested time based on the terms and conditions specified in the Agreement and Booking Request (unless the Player and Tennis Provider agree to vary such terms).
4.2. When a Tennis Provider accepts a Booking Request from a Player, no further negotiation are allowed on the Platform in relation to the provision of the relevant service, product or court hire and the terms and conditions specified in the Booking Request are the agreed/accepted terms. If, after the Booking Request has been accepted, the Tennis Provider or Player wish to negotiate the proposed time, day or location they may contact arrange this externally to the Platform at their own risk. All negotiations and the resolution of any disputes must be done externally to Your Tennis Mate and the Platform. Subsequently, Your Tennis Mate does not accept any liability for external negotiations.
4.3. Players may withdraw any Booking Request during any time prior to the Booking Request being accepted by the Tennis Provider.
5.1. The Tennis Provider Fee must be made available by the Player in accordance with this Agreement no later than when the Booking Request is sent to the Tennis Provider. The Tennis Provider fee will be held through the ‘pre-authorisation’ process and will be paid to the Tennis Provider and Your Tennis Mate in accordance with this agreement.
5.2. If promotion codes are valid, the Player may elect to use a promotion code to as part of payment for the Tennis Provider fee. The utilisation of promotion codes will be subject to the applicable terms of the promotion code.
5.3. If the Player and Tennis Provider mutually agree to cancel the Tennis Provider Contract or if following the acceptance of a Booking Request and reasonable attempts by the Player to contact the Tennis Provider (as confirmed by Your Tennis Mate to its satisfaction) have been made to perform and complete the Tennis Provider Contract without success, and Your Tennis Mate is satisfied that the Tennis Provider Fee should be refunded and there is no dispute between the Player and Tennis Provider, then Your Tennis Mate will refund the Tennis Provider Fee back into the Player’s nominated account and will not deduct the ‘Service Fee’. To facilitate a refund of this kind, the Player must contact Your Tennis Mate within 3 days of the cancellation, providing all necessary details for Your Tennis Mate to verify and administer the Player’s claim.
5.4 If a Tennis Provider does not provide the service, product or court hire as Booked by the Player, the Player must advise Your Tennis Mate as soon as practicable, but ideally within days of the Booked Service. Your Tennis Mate will assist with investigating and administering the Player’s claim, however, any necessary refunds or credits will need to be negotiated between the Player and Tennis Provider as Your Tennis Mate only provides the platform for facilitating the connection and booking service (as opposed to the implementation or provision of products and services).
6.1 Your Tennis Mate may use a related entity or external party service provider to facilitate and provide payment services, to ultimately act as the payment facilitator on behalf of the Player or Tennis Provider (Payment Provider).
6.2 In buying, using or selling products, services or court hire through using the Platform, You agree to be bound by the Payment Provider's privacy policy which is located at https://stripe.com/au/privacy and hereby consent and authorise Your Tennis Mate and the Payment Provider to share any information and payments instructions (as required by law) You provide with one another, and to the extent required to complete your transaction, with any other third party service provider(s).
6.3. By registering and creating an account with Your Tennis Mate, You agree and accept to be bound by the Payment Provider's terms and conditions , located at https://stripe.com/au/legal
7.1 Your Tennis Mate may include functionality via tools or applications to assist Players to verify the identity, qualifications, skills and products of Tennis Providers. These may include applications or tools to verify payment information, mobile phone details and other verification technology, a Rating and review system (allowing Players to post a review of the Tennis Provider on the platform for other Users of the Platform to see), integration of Google Maps and other integration with applications (i.e. calendars) , software, websites and other social networks such as Instagram, LinkedIn, Twitter and Instagram (note this is a non-exhaustive list)
7.2 You accept and agree that the verification applications, services and technologies referred to at clause 7.1 may not be fully accurate as all Your Tennis Mate Services and products are dependent on information supplied by Tennis Providers/Players and or information or verification provided by external parties.
7.3 Platform Users (Tennis Providers and Players) are solely responsible for identity verification and Your Tennis Mate accepts no responsibility for any use or misuse that is utilised from an external service provider mentioned or referred to in clause 7.1.
7.4 The Verification applications, technologies and services may be modified or changed by Your Tennis Mate at anytime without notice.
7.6 Your Tennis Mate may verify from time to time (or procure verification by a third party provider of) the supporting documents or information that are supplied by Users (Tennis Providers and Players) in relation to their corresponding profile on the Platform, such as police checks, working with children checks or other verifiable information (such as certifications, qualifications, licenses or other skills) and display this verification status on the relevant profile if required.
7.7 If Your Tennis Mate is required to verify any documents of Users (Tennis Providers and Players) the costs will be at the relevant User’s expense. It remains the Tennis Provider’s responsibility to ensure that all information and/or documentation the is provided or disclosed on the Platform s true and accurate. If there are any issues, concerns, misrepresentations or validation issues the Tennis Provider must immediately inform Your Tennis Mate and provide the correct information.
7.8 You accept that Your Tennis Mate has and retains the discretion and/or right to verify, approve or decline profile registrations. Your Tennis Mate also retains the right to remove without notice to you, description, services, listing from a Tennis Provider’s profile if they are in breach of any of the terms of this Agreement; this includes where information, certifications, qualifications or other details obtained have been falsely disclosed, expired or are no longer valid for any other reason.
8.1 A Your Tennis Mate account can only be made in the name of an individual. However, if a Your Tennis Mate user is registering as a Tennis Provider it may specify what tennis club, school, hotel or other business entity s/he are representing. The appropriate ‘fields’ are provided when registering on the Platform.
8.2. To create an account on the Platform and use the Your Tennis Mate services, you must be aged 16 or over and be able to form and sign legally binding contracts under relevant and applicable law. Parents and guardians may create a Your Tennis Mate account for the purposes of submitting a request for their child or dependant for Tennis Providers services.
8.3. A Tennis Provider providing services as opposed to selling goods, must not provide services to children under the age of 16 unless the Tennis Provider has a valid Working with Children Check that is approved in the relevant State. Your Tennis Mate takes no responsibility or liability for invalid Checks. We recommend Users ask the Tennis Provider for a copy of their Working with Children certification prior to receiving the service.
8.4. Your Tennis Mate, may at its discretion direct or provide the relevant link to a Tennis Provider to the relevant department or authority to apply for or renew a Working with Children Check, but is not responsible for applying for, renewing, providing information on behalf of, or otherwise obtaining a Working with Children Check on behalf of a Tennis Provider.
8.5. In no circumstances is a Tennis Provider allowed to subcontract the tennis services to be providing under the Tennis Provider Contract to any other person. Ultimately, a Tennis Provider must be the person who provides the service under the Tennis Provider contract.
8.6. During the time you are registered with Your Tennis Mate, you must retain and maintain control of your account. You must not, in any circumstances, deal with your account (including reviews and feedback, in any way, including allowing others to use your account on your behalf or by selling or transferring your account or relevant content to another person).
8.7. Your Tennis Mate has the absolute discretion, to refuse to allow any person to register, make or create an account with Your Tennis Mate or terminate or suspend any existing account.
9.1 As a User you agree that at all time:
i. You will abide by and comply with this Agreement (including all Your Tennis Mate policies and other terms created by or issued by Your Tennis Mate) and all applicable laws and regulations;
ii. You will only post true and accurate information on the Platform and will not misrepresent or omit any relevant details;
iii. You will appropriately and efficiently perform all of your obligations and requirements to other Your Tennis Mate Users, including any obligations under a Tennis Provider Contract and to Your Tennis Mate under this Agreement;
iv. All content (whether created or provided by Your Tennis Mate, a third/external party, a User) on the Platform may not be used on third party sites , other locations or for other business purposes without Your Tennis Mates prior written consent; and
v. You will ensure that you are aware and remain aware of any laws that apply to You as a Player or Tennis Provider, or in relation to any other way(s) in which You use the Platform.
9.2. You must in no circumstance, use the Platform for any immoral or illegal purposes.
9.3. You provide to Your Tennis Mate, an unrestricted, global, royalty-free license to reproduce, modify, adapt and use any content, details and information posted or disclosed on the Platform for the purpose of including that material and information on the Platform and as otherwise may be required to provide or offer a Your Tennis Mate service, for the general promotion or marketing of Your Tennis Mate services as permitted by this agreement.
9.4. In no circumstance, is the information posted on the Platform allowed to, in any way, be potentially or actually harmful to Your Tennis Mate or any other person. The term ‘harm/harmful’ includes, but is not limited to, economic loss that will or may be suffered by Your Tennis Mate. Without limiting any provision of this Agreement, any information you supply to Your Tennis Mate, must be valid and kept up to date and must not:
i. be fraudulent, deceptive, misleading, inaccurate, false or incorrect;
ii. misuse or infringe any third parties intellectual property (including copyrights, patents, trademarks) or other property rights, rights of privacy or publicity, confidentiality or other policies
iii. breach any applicable law, statute, regulations or other ordinances (including, but not limited to, those governing consumer protection, unfair competition, criminal law, governing export and import controls, antidiscrimination and fair trading/trade practices rules or laws);
iv. be defamatory, threatening, harassing, unfounded or slanderous;
v. be obscene or contain any information or material that, in Your Tennis Mate’s sole view and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate, unsuitable or unlawful images or
vi. contain any threatening or malicious date, code or instructions that causes harm (intentionally or unintentionally) or subverts, disrupts or undermines the intended function of any Platform, including but not limited to Trojan horses, cancelbots, time bombs, worms viruses, Easter eggs an other computing and software programming routines that may damage, modify, delete, interfere with (detrimentally or not detrimentally), covertly intercept, access without authority or expropriate any system, data or personal information.
9.5.You must have the right to and appropriate qualifications, certifications, insurance and registrations to provide services under a Tennis Provider Contract and to work in Australia. You must comply with your tax requirements and obligations to any payment received via the platform and through a Tennis Provider Contract.
9.6. When a Tennis Provider Contract is entered into via the use of the Platform, You create a legally binding contract with another Your Tennis Mate User, unless the transaction or contract is prohibited by law or by this Agreement (including all Your Tennis Mate terms and conditions and Policies). If You do not fulfill or abide by your obligations to another Your Tennis Mate User under a Tennis Provider Contract, you may become liable to that other User . If another User breaches any obligation to You, You are responsible (not Your Tennis Mate), for enforcing any rights or disputes that you may have with that User.
9.7. Should Your Tennis Mate at its sole discretion determine that You have breached any obligation, it reserves the rights to cancel or suspend Your profile/account and any Booking Requests, remove any content, or Profile information ( as applicable) that You have submitted or disclosed on the Your Tennis Mate platform.
9.8 If, in respect of a Tennis Provider’s Offer (service or product) that has taken place, a Player advises a Tennis Provider that the Player is not satisfied with the quality or standard of the Offer, the Player and Tennis Provider must negotiate and determine a suitable resolution. Your Tennis Mate, may from time to time, in its sole discretion and acknowledging it is not required to or obligated to, facilitate the negotiations or offer an alternative solution.
10.1 It is free to create and register an account with Your Tennis Mate.
10.2. If a Tennis Provider accepts a Booking Request, you agree that a fee of 15% plus GST (Service Fee) will be deducted from the Tennis Provider Fee and paid to Your Tennis Mate (or its nominee) before the Tennis Provider Fee is released to the Tennis Provider. The 15% Service Fee plus GST will be deducted unless a separate agreement between Your Tennis Mate and the relevant User specifies a different percentage.
10.3. If a Player uses a promotion code, subject to the relevant terms of the promotion code, the Tennis Provider will receive the Tennis Provider Fee less any Service Fee that would be applicable (in accordance with clause 10.2).
10.4. From time to time, Your Tennis Mate may change the Service Fees and the applicable terms to their payment. However, any change relating to the Service Fees will be effective fifteen (15) days after Your Tennis Mate notifies You of the change by sending a message or email to Your nominated email address or mobile number.
10.5. Your Tennis Mate may in its sole discretion also decide to temporarily adjust the Service Fees, or the terms associated with their payment. Any notification of temporary Service Fee adjustments will also be sent to your nominated email address or mobile number.
10.6 All costs, charges and fees payable to Your Tennis Mate are non-refundable and non-cancellable, subject to Your rights under any “Non-Excludable” Conditions (specifically defined below).
10.7 Service Fees do not include any fees that may be due from a User to a third party or external party providers (including Payment Providers). All fees owing to third party or external party providers must be paid in accordance with your separate agreement with the relevant third party or external service provider.
10.8 When Your Tennis Mate introduces a new service or product (New Offer) on the Platform, the fees applying to the New Offer will be payable from the launch date of the New Offer and will also be a “Service Fee” under this Agreement.
11.1 The Platform’s functionality, may but is not required to, support or offer access to a private communication or messaging service for the purpose of enabling and allowing Users to communicate with each other (Communications Services).
11.2 You acknowledge, accept and consent to all messages transmitted via the Communications Services being collected, stored monitored and reviewed by Your Tennis Mate for the purpose of ensuring that all Users comply with the Terms and Conditions and to provide, operate, improve, maintain, and promote the Your Tennis Mate Services, Products and/or Platform.
11.3 You acknowledge that nothing within these Terms and Conditions or other Your Tennis Mate policies implies or means that Your Tennis Mate endorses, approves or is responsible for any content or manner of any communications between Users using the Communications Services.
12.1 Your Tennis Mate has the right to and is entitled to suspend or cancel Your account or profile at any time if Your Tennis Mate, in its sole and absolute discretion, is concerned by any feedback or review about You, or considers your rating to be problematic for Your Tennis Mate and other Your Tennis Mate Users.
12.2 To continue to improve an enhance our Platform, please let us know any issues that You experience in using the Platform by contacting us at info@yourtennismate.com
13.1 Except for liability in relation to a breach of any implied warranty, guarantee or condition (including under the Competition and Consumer Act 2010 (Cth), the exclusion of which from a contract would contravene any statute or cause any part or all of this Agreement to be void (Non-excludable Condition), to the extent permitted by law, Your Tennis Mate specifically and completely disclaims any and all liability for any loss or damage (special, direct, indirect, unforeseen, consequential or actual) of every kind and nature, known and unknown, disclosed and undisclosed, suspected and unsuspected (including and without limitation, loss or damage relating to any inaccuracy or misrepresentation of information provided, or the lack of fitness for purpose of any service or product supplied), arising out of or in any way connected with:
i. any transaction between Tennis Provider and Player or Tennis Provider and Tennis Provider, or Player and Player; or
ii. You and any Payment Providers, who may be used, incorporated in or included from time to time on the Platform.
13.2 Your Tennis Mate’s liability (excluding liability in relation to a breach of any Non-excludable Conditions) to any User of the Platform or other Your Tennis Mate services is limited to the total amount of Service Fees received by Your Tennis Mate in relation to that User during the twelve (12) month period prior to any incident causing liability of Your Tennis Mate.
13.3. In breaching any Non-excludable Conditions (other than a Non-excludable Condition that by law cannot be restricted or limited), Your Tennis Mate’s liability to you is limited, at our option or choice to any one of supplying again or paying the cost of supplying again, services or products in respect of which the breach occurred.
14.1 If You, as a Player or Tennis Provider, fail to finalise a transaction (defaults) and do not have a lawful excuse for such failure, then in addition to Your Tennis Mate’s rights under this Agreement (including any Your Tennis Mate Policy) to suspend (temporarily or indeterminately) or cancel any User’s account, You may be in breach of your obligations to both Your Tennis Mate and the Player or Tennis Provider with whom You are transacting under the relevant Tennis Provider Contract.
15.1 Your Tennis Mate’s Privacy Policy is applicable to all Users and forms part of this Agreement. Use of the Platform confirms that You agree, authorise and consent to the collection, use and disclosure of your personal information in accordance with Your Tennis Mate’s Privacy Policy.
15.2. Your Tennis Mate’s Privacy Policy is accessible at https://www.yourtennismate.com/privacy & https://www.yourtennismate.com.au/privacy.
15.3 By using the Platform you accept and consent to the fact that the Payment Provider will provide their service or product pursuant to their own privacy policy. Prior to acceptance of any service or product form any third party or external party, You must review and agree to their terms of service or products, including their specific privacy policy.
16.1 Excluding any liability relating to any Non-excludable Condition, the Your Tennis Mate service and Platform is provided on an “as is” basis, and without any warranty or condition, expressly stated or implied. To the extent permitted by law, Your Tennis Mate and our suppliers specifically disclaim any implied warranties of merchantability, title, fitness for a particular purpose and non-infringement to extent allowed by law.
17.1 Your Tennis Mate may amend, update or modify this Agreement and/or other Policies (and change the Your Tennis Mate pages or links on which they are displayed) from time to time. Your Tennis Mate will send notifications of such updates to your nominated email address or mobile phone number. You should review you nominated email address (including spam folders) and/or mobile phone messages (including blocked messages) regularly.
17.2 Except as stated within this Agreement, in a Your Tennis Mate Policy, or as otherwise notified to You, all amended terms and conditions will be effective thirty (30) days after they are originally notified to You. Each time You use or sign-in to the Platform in any manner after the expiry of that thirty (30) day period or other such notice period notified to You, You will be taken to have acknowledged and consented to any changes to the Agreement (and Policies) and confirm your agreement to be bound by the Agreement (and policies) as it may have varied and changed.
17.3. If You do not agree with any changes to this Agreement or any of Your Tennis Mate’s Policies, You must de-register and terminate your account and stop using the Your Tennis Mate services. Unless as specifically referred to in or authorised by this Agreement, the terms and conditions of this Agreement and any Your Tennis Mate Policy cannot be amended except in writing signed by both You and the Co-Founders of Your Tennis Mate.
18.1 This Agreement does not create any agency, partnership, joint venture, employee-employer or other similar relationships, including but not limited to, between Your Tennis Mate and any User or Tennis Provider. Specifically, You have no authority to bind Your Tennis Mate, its related entities, affiliates or connected entities in any way whatsoever. To the extent allowed by law, Your Tennis Mate specifically disclaims all liability for an damage or loss incurred by You in any manner due to the performance or non-performance of any service or product provided by a Tennis Provider, Payment Provider or any other external or third party.
19.1 Unless stated otherwise, any notices must be provided by registered ordinary post, or by email (info@yourtennismate.com) to either, Your Tennis Mate’s address displayed on the Platform, or to the Your Tennis Mate User’s contact address provided at registration (or subsequently updated). Any notice shall be deemed provided only if:
i. sent by email, 24 hours after email has been sent, unless the User is notified that the email address is invalid or the email is undeliverable (for various reasons), or
ii. sent by pre-paid post, four Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent or posted from outside Australia. The Term “Business Day” refers to a day on which the banks are open for general business in Brisbane, Queensland, Australia (being where the Your Tennis Mate registered place of business is), other than a Saturday, Sunday or Public Holiday.
19.2 Any notices related to the Payment Provider must be sent to the Payment Provider as set out in their separate terms and conditions.
20.1 Understanding Your Tennis Mate is not liable or required to resolve disputes (including claims for returns or refunds), we strongly encourage You to try and resolve any dispute with Your Tennis Mate Users directly. Subsequently, You Acknowledge and agree that, Your Tennis Mate, from time to time in its sole and absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
20.2 If appropriate, Your Tennis Mate has the right to hold any Tennis Provider Fee that is subject to a dispute, until the dispute or negotiation has been completely resolved.
20.3. In the event Your Tennis Mate provides information of other Your Tennis Mate Users to you for the purposes of resolving a dispute or negotiation under this clause, You acknowledge, agree and confirm that such information will only be used for the purpose of resolving the dispute or negotiation (and no other purpose) and that you will indemnify Your Tennis Mate against any claims or breaches relating to any other use of information not allowed by this Agreement
21.1 Either Party (Your Tennis Mate or User) is entitled to and may terminate the User’s account on the Platform and this Agreement at any time for any reason.
21.2. Termination of this Agreement and/or account will not impact any Tennis Provider Contract that has been formed or completed between Your Tennis Mate Users. If You have entered into a Tennis Provider Contract, You must comply with and fulfill the terms of the Tennis Provider Contract, including providing the service, product or paying the price as applicable.
21.3 Any services provided by a Payment Provider are subject to the Payment Provider’s terms and conditions.
21.4. Sections 10 (Fees – Service and Other), 13 (Liability Limitation) and 20 (Negotiations, Dispute Resolutions and Mediations) and any other terms, policies and clauses which by their nature or involvement should continue to apply, will endure and subsist any termination, cancellations or expirations of this Agreement.
22.1 Your Tennis Mate has elected not to obtain its own insurance that could provide cover for Tennis Providers or Players.
22.2. Your Tennis Mate has done this to make it clear that it provides a Platform to connect Users. Your Tennis Mate is not in the business of offering or providing tennis services or products to Players and subsequently each Tennis Provider must purchase their own insurance as required by law (including workers compensation insurance, if applicable).
22.3. A Tennis Provider and Player accepts, acknowledges and agrees that in the event a Player makes a claim in relation to any Tennis Provider service or product provided by the Tennis Provider, and any insurance taken out by Your Tennis Mate (if any) does not respond to the claim or the claim made is below the excess payable to the insurer then this clause applies. Your Tennis Mate may elect to pay an amount to the Player to settle the claim. To the extent that the Tennis Provider was or would have been liable for the amount of the claim, Your Tennis Mate may recover the amount paid from the Tennis Provider. Alternatively, Your Tennis Mate may elect or choose to set the amount off against any future moneys or amounts it may owe to the Tennis Provider.
23.1 This Agreement and (associated Your Tennis Mate policies) is governed by the laws of Queensland, Australia. You and Your Tennis Mate submit to the exclusive jurisdiction of the courts of Queensland Australia.
23.2. The provisions, statements and clauses of this Agreement are severable, and if any provisions, statements or clauses of this Agreement are held to be invalid or unenforceable, such provision, statement or clause may be removed and the remaining will continue to be enforceable.
23.3 This Agreement may be transferred, assigned or novated by Your Tennis Mate to a third or eternal party without your consent. In this event You will remain bound by this Agreement.
23.4 This Agreement (along with the Your Tennis Mate policies) sets out the absolute understanding, consent and agreement between You and Your Tennis Mate with respect to its subject matter.
