Terms & Conditions

Please read terms and conditions carefully before proceeding.

These terms and conditions regulate the business relationship between you and us. By using the Web Site in any way, or by buying from us, you agree to be bound by them. If you do not agree to terms and conditions please don't proceed on the site anymore. We reserve the right to change, add, remove or alter portions or whole of the terms and conditions given here. Please keep checking the site periodically to get updates of changes. Your continued use of site after changes have been made will mean that you agree to the changed terms and conditions.

We are constantly vigilant for credit card or other fraud. We report all charge backs to a credit reference agency. If you have any reason to seek the return of money paid, please contact us rather than your credit card issuer.

Information may be unlawfully available to hackers and snoopers. We take no responsibility for this. The risk is no different from a similar risk in a bricks and mortar establishment. Except as set out below, we do not share, or sell, or disclose to a third party, any personally identifiable information collected at this site. If this policy should change in the future (most unlikely), then we shall provide notification in advance, and the opportunity for all users to indicate whether or not they would prefer that we do not provide the information to third parties as proposed.

No person under the age of 18 years may purchase Resources or book a Course. We look forward to seeing you again when you are over 18.

We are: Pro Tennis Solutions Ltd.

Our address is: 1 Cromwell Crescent

Worcester

WR5 2JW

You are: visitor to the Web Site / our customer

 

The terms and conditions

•  Definitions

In these terms and conditions:

"Content" means all the information in any form, published on the Web Site by us or any third party with our consent.

"Course(s)" means tennis training courses as offered for booking over the Web Site.

"Resource(s)" means all books, DVDs and other tennis learning material offered for sale through the Web Site.

"Web Site" means www.protennissolutions.com and includes entire computing hardware and software installation that is or supports the Web Site.

•  Our contract with you

•  These terms and conditions apply:

•  so far as the context allows, to you as a visitor to the Web Site; and

•  in any event to you as a customer or prospective customer of the Resources or the Courses.

•  The advertised Resources or the Courses may not be available at the time of booking the order for any of them.

•  We accept online order for the Resources. The Course can be booked via e-mail or telephone. We will confirm details as to your purchase of the Resources or booking of the Course. That is when our contract is made.

•  You will be informed via e-mail as to the joining details, the address of the venue and an outline timetable etc. in case of the Courses in addition to the receipt of payment. It is possible that the price may have increased from that posted on the Web Site.

•  We may change these terms from time to time. The terms that apply to you are those posted here on the Web Site on the day you place an order for the Resources or apply for the booking of the Course.

•  If we owe you money (for this or any other reason), we will credit your credit or switch / debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.

 

•  Price and Payment

•  The prices applicable in your case will be as displayed over the Web Site at the time of your order for the Resources or booking for the Courses. The prices will be exclusive of VAT or other applicable sales tax, import duty etc. for which you will make an additional payment at the applicable rate if you are residing in any EU country.

•  You have to make full payment including applicable taxes, postage charges and packing for the Resource at the time of placing an order.

•  Payment is to be made online by credit card or switch / debit card for the Resources at the time of order and in case of the Courses, only after our confirmation via e-mail.

•  Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

•  Any details given by us in relation to exchange rates are approximate only and may vary from time to time.

•  You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.

•  Financial information, including credit card details

This information is used to obtain payment for the Resources and booking of the Courses. This information is never actually received by us. The page where this information is given by you is controlled by our contract merchant service provider. Such information is automatically encrypted, and later decrypted for use. It never touches our system.

 

•  Information you give us

•  You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Resources and ensure timely information about your booked Course.

•  We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase.

•  We will keep record of all people who buy any Resource or apply for booking of the Courses and may contact them in future about new offers etc. Their details will not be shared with third parties except as provided under these terms. Your information is used:

•  to provide you with the Resources and services which you request;

•  to maintain our accounts and for billing;

•  to enable us to answer your enquiries;

•  for verifying your identity for security purposes;

•  for marketing our future services and Resources;

•  to help make the Web Site as useful to you as possible;

•  information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.

 

•  Delivery

•  Usually orders are dispatched within 3 days of receiving payment. Deliveries will be made to the address stipulated in your order. You must ensure that someone is present to accept delivery. We assume no responsibility for any postage delay.

•  If we are not able to deliver your order within 30 days of the date when order was placed, we shall notify you by e-mail to arrange another date for delivery.

•  We may deliver the order in instalments if the Resources are not available at the same time for delivery.

•  Taxes, duties and import restrictions

•  We have no knowledge of, and no responsibility for, the laws in your country of residence if you are residing outside UK .

•  You are responsible for purchasing Resources which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.

•  Refund or replacements

Because you are buying the Resources online and booking the Course by mail order, you may have a right of cancellation. If you do (and only if you do), these are the terms which apply:

•  You must tell us you wish to cancel within 7 days of your receipt of the order.

•  The Resources must be returned to us within 21 days of your telling us you wish to cancel:

•  with both Resources and all packaging in their original condition;

•  securely wrapped;

•  including our delivery slip;

•  at your risk and cost.

•  After we have received the Resources, we will credit your credit or switch / debit card with the full purchase price of the Resources returned no later than 30 days from the date of receipt.

•  If you do not return the Resources to us, you are still liable to us for the cost.

•  We are under no obligation to collect or recover Resources from you, but if we do, our costs will be payable by you.

•  Faulty Resources will be replaced if requested within 15 days from their dispatch.

•  No refunds will be made in case of the Resources comprising of any audio / video recording which is unsealed by you. You will also be disentitled for any refund on your failure to attend the Course except as provided under these terms.

•  If you inform us two weeks prior to the agreed start date of the Course we will reasonably attempt to shift you to other Course subject to the availability to the possible extent.

•  In case you notify us less than two weeks before start date about your inability to attend the Course, you will be entitled to a refund depending upon our sole discretion and booking status of the Course.

•  Disclaimers

•  We or our Content suppliers may make improvements or changes to the Web Site, the Content and the Course or to any of the Resources, at any time and without advance notice.

•  You are advised that Content may include technical inaccuracies or typographical errors.

•  We give no warranty and make no representation, express or implied, as to:

•  the adequacy or appropriateness of the Resources or the Courses for your purpose;

•  the truth of any information given on the Web Site;

•  any implied warranty or condition as to merchantability or fitness of the Resources and the Courses for a particular purpose;

•  compatibility of the Web Site with your equipment software or telecommunications connection;

•  compliance with any law;

•  non-infringement of any right.

•  We shall not be responsible for any damage caused to you out of a miss happening while trying out the idea given or shown in the Resources. The Courses will run in active sessions on court, we will make best possible efforts to prevent injuries but we won't be responsible for any injury caused. You will be responsible for your own safety. You have to accept that injuries are inevitable part of sports.

•  We will ensure that all information and ideas given during the Course are recommended by experts but we will not be responsible for any accident during the Course. We can not guarantee that there will not be an injury or you will certainly improve in the game of tennis.

•  The Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.

•  We are not liable in any circumstances for loss of profit, goodwill or any type of special, indirect or consequential loss (including loss or damage suffered by you as a result of an action brought by a third party) or any damages whatsoever resulting from use of the Web Site or the purchase of any Resource even if such loss was reasonably foreseeable or we had been advised of the possibility of your incurring it.

•  Our maximum liability in any case is limited to the value of the Resources purchased or the price for the Course booked by you in the contract which is the subject matter of the dispute.

 

•  Content and Intellectual Property Rights

•  Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.

•  You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in these terms.

•  You may download or copy the Content or the Resources only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.

 

•  System Security

•  You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Web Site.

•  You agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Web Site, or any software used on the Web Site, and that you will not permit any other person to do so.

•  You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

• Examples of violations are:

•  accessing data unlawfully or without consent;

•  attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

•  attempting to interfere with service to any user, host or network, including, without limitaion, via means of overloading, "flooding", "mail bombing" or "crashing";

•  forging any TCP /IP packet header or any part of the header information in any e-mail or newsgroup posting.

 

•  Indemnity

You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of:

•  any violation of system security as set out above;

•  your use of the Web Site;

•  any other breach or violation of these terms by you;

•  the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.

 

•  Contractual Limitation

Where we provide Resources without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual or other obligation upon us in respect of any such Resources.

 

•  Rights of third parties

Nothing in these terms or on our web site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.

 

•  Severability

If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

 

•  No Waiver

No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

 

•  Dispute Resolution

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

•  Force majeure

We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.

•  Governing Law

These terms shall be governed by and construed in accordance with the law of England . These terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Resources, the application of which is hereby expressly excluded.

 

Net Lawman Ltd

andrewrt@NetLawman.co.uk

Copyright Andrew Taylor 2007