EPARKTENNIS.COM

TERMS OF USE

THIS DOCUMENT SETS OUT THE TERMS ON WHICH THE TENNIS FOUNDATION (CHARITY NUMBER 298175) (“EPARK”) PROVIDES YOU WITH ACCESS TO WWW.EPARKTENNIS.COM (“WEBSITE”). PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED “I ACCEPT” OR BY USING THE WEBSITE (WHOLLY OR PARTLY) IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE.

YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR YOUR FUTURE REFERENCE.

1. INFORMATION ABOUT THE TENNIS FOUNDATION AND THE WEBSITE

1.1 The Website is owned and managed by The Tennis Foundation, a charity registered in England and Wales with the charity registration number 298175 and having its address at The National Tennis Centre, 100 Priory Lane, Roehampton, SW15 5JQ.

1.2 epark provides you with the facility to register as a member of the Website (“Member”), set up a profile, post any review, comment, link, journals or other material whatsoever (“User Submissions”), establish contacts with other Members, arrange for organise and arrange tournaments and matches amongst Members, and access all other features and functionalities available on the Website (collectively, the “Services”). You understand and agree that epark does not organise, make arrangements for or participates in the organisation and arrangements in respect of any tournaments, matches, meet-ups and any other events organised by the Members. epark acts only as a service provider facilitating for tennis enthusiasts to come together under the forum of the Website. Consequently, epark is not directly involved in any transactions between you and other Members whether such transactions are of a business nature or otherwise. You further acknowledge that any contracts signed between you and the Member shall be strictly between parties to the contract and epark shall have no involvement or participation whatsoever.

1.3 epark shall be entitled at its own discretion to suspend any part of the Services or the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.

1.4 epark reserves the right to make any changes to the Website including any features, functionalities and content therein or to discontinue any aspect or features of the Website therefor without notice.

1.5 epark may be contacted by email at hello@eparktennis.com.

2. PRELIMINARY INFORMATION

2.1 In order to use to the Website, you warrant that:

2.1.1 you are legally capable of entering into any binding contracts;

2.1.2 you are at least 18 years old and above; and

2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.

2.2 In order to use the Services, and/or have access to all functionalities of the Website, you shall be required to register as a Member with epark by completing the online registration form made available to you using the Website and in accordance with the provisions set out in clause 3.

2.3 In the event you choose not to register as a Member, you may continue to browse and use certain functionalities of the Website as a Non Member and may not have access to the Services.

3. REGISTRATION AS A REGISTERED USER

3.1 By completing the online registration form to register as a Member, you consent to epark conducting verification and security procedures in respect of the information provided in such online registration form.

3.2 You hereby warrant that the information provided to epark is true, accurate and correct. You further warrant that you shall promptly notify epark in the event of any changes to such information.

3.3 You will be required to select a username and password (“Login Details”) in your registration with epark. You shall keep the Login Details confidential and secure. Without prejudice to the other rights and remedies of epark, epark reserves the right to promptly disable your Login Details and suspend your access to the Services and/or the Website (wholly or partly) if epark has any reason to believe that you have breached any of the provisions set out herein.

3.4 Subject to the provisions herein and upon your registration with epark as a Member, you may access the Services and all features and functionalities on the Website.

4. FORMATION OF CONTRACT

4.1 The date of commencement of your Contract with epark shall be determined as follows:

4.1.1 where you are a Member, then upon the registration of your details with epark pursuant to clause 3.1; or

4.1.2 where you are a Non Member, then upon your first use of the Website, and such Contract shall be effective and in force until terminated by either party in accordance with clause 5 of these Terms.

4.2 Notwithstanding the foregoing, epark reserves the right at its sole and absolute discretion and for any reason to:

4.2.1 accept or reject your application to become a Member; and/or

4.2.2 refuse you access to the Services and/or the Website (partly or wholly) whether you are a Member and/or a Non Member.

5. TERM AND TERMINATION

5.1 Unless otherwise expressly set out to the contrary herein, epark’s Contract with you shall remain in force:

5.1.1 where you are a Member, for the duration of your registration with us; or

5.1.2 where you are a Non Member, for the duration in which you access the Website, having use of certain features and functionalities therein as a Non Member.

5.2 epark may suspend or terminate your access, as a Member or a Non Member to the Services and/or features and functionalities of the Website (whichever is applicable) in the event that:

5.2.1 third party services and network providers cease to make the third party services or network available to epark;

5.2.2 epark believes that you or someone using your Login Details has failed to comply with one or more of these Terms;

5.2.3 epark believes that there has been fraudulent use, misuse or abuse of features and functionalities of the Website (in whole or in part); or

5.2.4 epark believes that you have provided it with any false, inaccurate or

misleading information.

 

6. YOUR OBLIGATIONS

6.1 You agree that you are solely responsible and liable for all activities on the Website, whether you are a Member or a Non Member.

6.2 If you are a Member you shall promptly notify epark in the event there is a breach of security or any unauthorised use of your Login Details.

6.3 You agree that as a Member with access to make submissions on the Website, you shall not submit to appear on the Website, User Submissions that may reasonably be deemed to be offensive, illegal, inappropriate or in any way:

6.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

6.3.2 harass or advocate harassment of another person;

6.3.3 display pornographic or sexually explicit material;

6.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

6.3.5 promote any illegal activities;

6.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

6.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;

6.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of epark; or

6.3.9 infringe any rights of any third party.

6.4 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that epark may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to epark a non-exclusive, perpetual, irrevocable, worldwide licence to do so.

6.5 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.

6.6 You hereby grant to epark a non-exclusive, irrevocable licence to make your User Submissions available to other Members and Non Members of the Website and to edit your User Submissions in the event that epark deems it necessary or desirable to do so for any reason.

6.7 If you feel that any User Submission made by other Members or Non Members are objectionable, you are encouraged to contact epark using the contact details set out in clause 1 or as set out on the Website. epark shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.

6.8 You further agree that at all times, you shall:

6.8.1 not, where you are a Member, use your Login Details with the intent of impersonating another person;

6.8.2 not allow any other person to use your Login Details if you are a Member;

6.8.3 not use the information presented on the Website or procured through your use of the Services for any purposes other than those expressly set out in these Terms;

6.8.4 not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Services and the Website or in respect of the network;

6.8.5 not use the Services, the Website, the content therein and/or do anything that will infringe any intellectual property right or other rights of any third parties;

6.8.6 not use any information obtained using the Services and the Website otherwise than in accordance with these Terms;

6.8.7 comply with all instructions and policies from epark which shall be made available to you from time to time in respect of the Website;

6.8.8 co-operate with any reasonable security or other checks or requests for information made by epark from time to time; and

6.8.9 use the information made available to you through the Services and/or on the Website at your own risk.

6.9 In the event that epark, in its sole and absolute discretion, considers that you have breached any of the terms set out in this clause 6, epark reserves the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you are a Member or Non Member); and in the case of illegal use, the instigation legal proceedings as appropriate.

6.10 Without prejudice to any of epark’s other rights and remedies, epark reserves the right, in its sole and absolute discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of this clause 6.

7. YOUR RELATIONSHIP WITH OTHER MEMBERS

7.1 You acknowledge and agree that epark only provides you with the Services and the Website. You understand that epark is not involved in or is a participant in any way, in respect of any contact, meetings, relationship and/or business transactions between you and other Members or Non Members. You are advised to take all reasonable care when meeting with any other Members or Non Members.

7.2 You further acknowledge and agree that in the event any such transactions made between you and other Members or Non Members are governed by contracts, then epark shall have no involvement and/or participation in respect of such contracts. epark shall not be liable in any way and for any reason whatsoever in respect of such contracts between you and other Member or Non Members.

8. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

8.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Services and the Website are hereby expressly excluded to the fullest extent permissible by law.

8.2 All information made available to or accessible by you whether as a Member or a Non Member using the Services or the Website including any User Submission or editorial materials provided by epark, other Members and Non Member or any third party are provided “As Is” without any conditions, warranties, guarantees or terms of any kind and are intended as information only. Such information shall not in any way and for any reason and at any time constitute advice of any nature. Consequently, any such information must not be relied on to assist in making or refraining from making a decision or to assist in deciding on a course of action.

8.3 You acknowledge that epark has no control over the User Submissions submitted by other Members or in some cases Non Members, any information made available to you using the Services and the contents which are available on the Website. epark does not vet, review, screen or verify any such information. Accordingly, epark shall not be liable to you for any inaccuracies in respect of such information.

8.4 Nothing in these Terms shall limit or exclude epark’s liability in respect of death and personal injury.

8.5 Subject to clause 8.4, epark shall not be liable for any direct, indirect or consequential losses, loss of expectations of a specific nature or anticipated outcome, anticipated savings, loss of management time, loss of profit, loss of data, loss of business and contract, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable arising out of or in connection with your use and/or reliance of the Website and the contents therein.

8.6 Links to third party websites may appear on the Website. Such third party websites are not the responsibility of epark and epark accepts no responsibility for the availability, suitability, reliability or content of such third party websites and does not endorse the views expressed therein.

8.8 In the event you have a dispute with one or more of the Members or Non Members, you hereby release epark from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such disputes.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 epark and its licensors own all rights in the intellectual property rights relating to the Website and the Services.

9.2 You are expressly prohibited from:

9.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, any images in any format of the Services and submissions in the form of articles and write-ups made available on the Website; and

9.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by epark and/or its licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of epark or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to epark.

 

10. PRIVACY POLICY

10.1 epark enforces a strict privacy policy which is available below. The terms of the Privacy Policy form part of these Terms and you agree to be bound by it.

11. GENERAL

11.1 If epark fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.

11.2 A waiver by epark of any default shall no constitute a waiver of any subsequent default.

11.3 No waiver by epark of any of the Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

11.4 All notification and communication to epark should be sent to the contact details set out in these Terms or made available to you on the Website.

11.5 If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

11.6 These Terms represent the entire agreement between you and epark in respect of your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

11.7 You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.

11.8 These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

11.9 epark reserves the right to modify these Terms at any time. Any changes we may make to this Terms of Use document in the future will be notified and made available to you using the Website. If you do not agree to the amended Terms, please immediately cease all use of the Services and the Website.

12. CONTACT DETAILS

Please direct any queries about this Terms of Use document to:

The Tennis Foundation
The National Tennis Centre,
100 Priory Lane,
Roehampton,
SW15 5JQ.

EPARKTENNIS.COM

PRIVACY POLICY

This policy sets out the basis on which the personal data collected from you, or that you provide to us will be processed by us.

 

1. EPARKTENNIS.COM
eparktennis.com is the website (“Website”) owned and managed by The Tennis Foundation, a charity registered in England and Wales with the charity registration number 298175 and having is address at The National Tennis Centre, 100 Priory Lane, Roehampton, SW15 5JQ.

2. PERSONAL DATA COLLECTED FROM YOU

2.1 The personal data which we collect from you are data which may be used to identify you as an individual in accordance with the Data Protection Act 1998, and include without limitation:

2.1.1 your name;

2.1.2 your date of birth;

2.1.3 your email address; and

2.1.4 your IP address,

(collectively, “Your Personal Data”).

2.2 If you have provided us with the personal data of another person (“Third Party Personal Data”) you confirm that they consent to the processing of their personal data and that you have informed them of our identity and the purposes (as set out above or elsewhere) for which their personal data will be processed.

3. USES MADE OF YOUR PERSONAL DATA

3.1 Your Personal Data shall be kept confidential on our secure database.

3.2 We will use Your Personal Data that you provide to us:

3.2.1 to enable us to provide you with the services relevant to you;

3.2.2 to provide you with a British Tennis Membership Number;

3.2.3 to alert you to any service changes and updated information and news; and

3.2.4 for administration and marketing purposes.

3.3 In the event you do not wish for us to use Your Personal Data for administration and marketing purposes, please either

3.3.1 tick the opt-out box when you have completed your registration with us as Member of the Website;

3.3.2 click on the “Unsubscribe” link in the emails we have sent you (if any); or

3.3.3 email us at hello@eparktennis.com advising us of your intention not to be contacted by us.

3.4 We shall not pass Your Personal Data to any third party including our marketing affiliates and partners unless we have procured your express consent to do so.

4. RETENTION OF YOUR PERSONAL DATA

4.2 If your personal details change, please notify us as soon as possible. If you have any queries about how we use your personal data, please contact us by writing to us at The Tennis Foundation, The National Tennis Centre, 100 Priory Lane, Roehampton, SW15 5JQ or email us at hello@eparktennis.com or using the contact details which are set out on the Website.

4.3 We update this personal data within seven (7) working days of any new or updated personal data being provided to us, to ensure that the personal data we hold about you is as accurate and up to date as possible. We shall do so whenever you enter your existing British Tennis Membership number.

5. YOUR RIGHTS

5.1 You are entitled to ask for a copy of any personal data that we hold about you (for which we may charge a small fee) and to have any inaccuracies in your personal data corrected. If you wish to contact us for these purposes, please email us at hello@eparktennis.com.

5.2 The Tennis Foundation is the charitable wing of the Lawn Tennis Association

5.3 The Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

6. DISCLOSURE OF YOUR INFORMATION

6.1 We may disclose Your Personal Data to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.

6.2 We may disclose Your Personal Data to third parties:

6.2.1 In the event that we sell or buy any business or assets, in which case we may disclose Your Personal Data to the prospective seller or buyer of such business or assets; or

6.2.2 If we are under a duty to disclose or share Your Personal Data in order to comply with any legal obligation, or in order to enforce or apply our Terms of Use www.eparktennis.com/termsofuse and other agreements; or to protect the rights, property, or safety of The Tennis Foundation, our customers, or third parties. This includes exchanging information with other companies and organisations for the purposes of fraud protection.

7. COOKIES AND IP ADDRESSES

7.1 We may store information about you in a cookie (a small file that is sent by our web server to your computer), which we can access when you make return visits to Website. Storing cookies is usual practice for any web site that needs to remember what its users’ preferences are and we use cookies to keep track of your choices in the Website. If you would like to stop cookies being stored on your computer in the future, please refer to your browser manufacturer’s instructions by clicking “Help” in your browser menu. Further information about deleting or controlling cookies is available at www.aboutcookies.org.

 

8. CHANGES TO OUR PRIVACY POLICY

8.1 Any changes we may make to this Privacy Policy document in the future will be posted on this page and notified to you using the Website.

9. CONTACT DETAILS

Please direct any queries about this Privacy Policy to:

The Tennis Foundation
The National Tennis Centre,
100 Priory Lane,
Roehampton,
SW15 5JQ