Terms

Members Tennis Fitness Website Terms of Use and Privacy Policy

This website and its content is owned by Tennis Fitness (Energise Health Management) ABN: 16116628945 By accessing or using this website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the website (known collectively as “Terms and Conditions”). The Terms and Conditions govern the use of this website. Tennis Fitness reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check our Terms and Conditions regularly.

Disclaimer

All the information, exercises, techniques, ideas and examples accessed on or through this website (“Content”) are for educational purposes only, are generalin nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical or emotional situation or needs. It is not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of proper medical advice from a fully qualified medical practitioner. You should, before you act or use any of theContent, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well being.

You take full responsibility and risk for making any decision based on the Content on our website or contained in our Programs. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed.

Copyright Information for Online Fitness Programs

You may not share, copy or redistribute any material contained in our Programs in any medium or format at any time. Our materials are for your individual personal use only and may not be used for commercial or other purposes.

You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from Tennis Fitness.

Links to Third Party Sites &Third Party Advertisements

Tennis Fitness assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the website. Except as Tennis Fitness may specifically direct otherwise, Tennis Fitness does not authorise the content of those third party websites. The website may also contain third party advertisements, which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of Tennis Fitness for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties.

Limitation of Liability

This website is provided on an “as is” basis. While Tennis Fitness has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication, Tennis Fitness does not accept responsibility for any error, omission or defect in the information.

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights).

Our liability to you is governed solely by the ACL and these Terms. While we endeavor to maintain good quality data sources on our website, we make no representations or warranties of any kind, express or implied, about:

the completeness, accuracy or reliability of the Information you obtain from the use or purchase of our goods or services; or

whether the goods or services provided on the website will be available on an uninterrupted, secure or error-free basis.

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.

You agree that you must evaluate, and bear all risks associated with, your use of any Information made available through or facilitated by the Website.

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, any goods or the Content supplied through the use of the services. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us.

When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

(a) The supply of any goods or services again; or

(b) The payment of the cost of having any goods or services supplied again.

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.

Indemnity

You agree to indemnify and keep indemnified Tennis Fitness, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content

The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works, which is owned by Tennis Fitness, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without Tennis Fitness express consent.

User Submitted Content

When you submit any materials via the website including comments, recordings and images, you, unless Tennis Fitness advises otherwise, license and grant Tennis Fitness its affiliates and sub-licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights.

You agree that you are fully responsible for the Content you submit. Tennis Fitness shall not be liable in any way for such Content to the full extent permitted by law. Tennis Fitness may remove any Content without notice for any reason whatsoever. You warrant and agree that:

a) you will not submit any Content that is unlawful or fraudulent, or that Tennis Fitness may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;

b) you will obtain prior consent from any person or property that appears in your Content;

c) you will obtain full prior consent from any person who has jointly created or has any rights in the Content, to the uses and terms herein;

d) your content shall not contain viruses or cause injury or harm to any person or entity; and

e) you will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communication systems.

Without limiting any other terms herein, you will indemnify Tennis Fitness for any breach of the above terms.

Termination and Cancellation

Tennis Fitness reserves the right in its sole discretion to revise the content of, amend links from, or withdraw your access to the website, Content or at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Tennis Fitness will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Tennis Fitness liability will survive such termination.

Governing Law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. Tennis Fitness makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Tennis Fitness Privacy Policy

Tennis Fitness is committed to protecting your privacy when you interact with us in any manner, including as an online visitor to our website.

The purpose of this Privacy Policy is to explain:

the application of this Privacy Policy

the kind of information which we may collect about you, how we collect it and how we use it

how we may disclose that information

how you can access the information we hold about you

when we may use your information to contact you

the protection of your personal information

the use of cookies to collect information, and how you can control or delete these cookies

Application of this Privacy Policy

This Privacy Policy applies to personal information collected by us.

This policy applies only to Tennis Fitness. It does not apply to any other company or organisation, including those whose digital services have links to Tennis Fitness Content or services. Third parties that have links to Tennis Fitness content or services will have their own privacy policies that will govern the use of personal information they collect. We do not accept any responsibility or liability for the privacy practices of such third parties.

We will review our privacy policy regularly, and may update it from time to time. If we make significant changes to our privacy policy or collection of information, we will notify you and the changes will be posted here. If you continue to use our services, you will be deemed to have agreed to the changes.

Collection and use of personal information

Why we collect personal information

We will collect personal information about you:

•because you have provided it to us, for instance if you contact us to make comments, or to ask us questions, or you have interacted with one of our digital services (including online and mobile services), for instance by participating in forums, polls or competitions;

•because we need it to provide goods or services that you have requested, for instance, if you subscribe to an email list or loyalty program, enter a competition, or purchase goods or services from us;

•because we would like to improve our services, for instance through the collection and analysis of statistical and research data and use of cookies (see below);

•for purposes directly related to any of the above.

How we collect information

Broadly, there are two types of information or data we collect:

1. Information that you specifically give us

For example, you may provide information about yourself when you are filling in a form or when you sign up to a service. This type of information may include your name, email address and age. The information that you give us may be:

• Personal information that is required. In some instances, you must provide personal information if you wish to use a particular service or participate in an activity. For example, your age may be required if we need to confirm that you are old enough to use a particular service.

• Permissions. Sometimes you will be asked to confirm that you agree to a particular activity. For example, you may need to expressly agree that you would like to receive a newsletter or to confirm that you agree to the terms and conditions of a competition.

2. Data we collect that tracks your activity

We may automatically gather information to monitor the use of our services (including online and mobile services), like the numbers and frequency of visitors to our websites.

This information helps us improve our services by learning what our customers use and don’t use. It can also help us identify if there are any problems with our services that need fixing.

This data is usually collected using ‘cookies’. See below for more information about “cookies” and the information we may collect using them.

3. Disclosure of personal information

3.1 Disclosure by us of personal information to third parties

We will not disclose your personal information to third parties, other than to third parties;

who we engage to provide us with services;

for the purposes of customising and promote to you services we provide that may be of interest to you;

for the purposes of providing technical support to you;

as permitted or required by law; or

consented to by you.

We may also disclose your personal information:

to our related companies;

to our professional advisors;

to law enforcement authorities, if we suspect that an unlawful act is being committed or that such disclosure will prevent that unlawful act.

Other than the types of disclosures set out in this Privacy Policy or as otherwise agreed by you, we will not disclose your personal information to any third party.

3.2 Information that you disclose publicly

When using digital services (including online and mobile services), we suggest that you use your discretion and exercise caution when providing your personal information. For instance, if you “share” information that you have posted on a Tennis Fitness website using a social media tool, it is likely that you will be sharing your personal information. Please note that we have a limited capacity to protect personal information that you choose to share and you are solely responsible for sharing such personal information.

3.3 Information that is disclosed via other platforms or services

Some of our services may be integrated with external services, including social media networks. This may mean that information about you (for instance about your interests and activities) is tracked or pulled from other places (such as Facebook). If you use any of our services that are integrated with social media tools, this information may be available to others depending on the privacy settings you have in place on other platforms.

Your ability to opt-out of a third party tool or platform will depend on the conditions governing your agreement with that third party.

Use and Storage of your Personal Information

We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, email preferences, respond to a survey, or communicate with our customer support or queries.

We may use personal information collected from you for the purpose of answering your queries, resolving complaints, or providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.

Except as set out in this Privacy Policy or otherwise agreed by you, we will not share your personal information with third parties (such as marketing companies) or use your personal information other than for our internal purposes.

All information we receive from our customers is protected by our secure server. Our secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Use of Cookies

We may use “cookies” with our digital services. A “cookie” is a small data file placed on your machine or device, which lets our digital service store information. This information allows us to make our digital services easier to use and more relevant.

We may use cookies for interactive features such as forums, voting, some games and online shopping. For instance, cookies allow our servers to keep track of your customer details between visits to the Tennis Fitness website. The information stored by the cookie includes data that is provided during online registration processes. Placing cookies on your device also means we can serve you promotional information that you might be more interested in. The promotional information can appear on third party digital services as well as our services. It also allows us to control the number of times you see that promotional information and measure how effective the campaign has been.

Credit card information is never stored in a cookie.

Any “cookies” we use will be for the purpose of gathering aggregated information regarding visitor use of our services.

Controlling and deleting cookies

Popular browsers will usually give users a level of control over cookies.

You can set your browsers to accept or reject all, or certain, cookies. You can also set your browser to prompt you each time a cookie is offered.

Third Party Cookies

We may use suppliers who set cookies on our digital services on our behalf in order to deliver the services that they are providing.

For instance, if we embed photos and video content from third parties such as Flickr and YouTube, those third parties may have set cookies relating to that content. If you then “share” that content, another third party cookie may be set by the service you have chosen to share content through. We do not control these cookies, and we do not block cookies set by third parties in these ways.

Accessing your Personal Information

You are entitled to know what personal information we hold about you. You may change your details at any time by advising us in writing via email. If you would like to contact us in relation to your personal information, please do so by email to [email protected]