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Please read this carefully.
The following Terms and Conditions for use of the iCoach website (www.tennisicoach.com) apply.
1. INTRODUCTION
1.1 These services are operated by ITF Licensing (UK) Limited ("ITF") of Bank Lane, Roehampton, London, SW15 5XZ, United Kingdom.
1.2 These Terms and Conditions shall apply to any legal or natural person accessing this site or using the service provided.
1.3 Access to, and use of, the services are at all times at the sole discretion of ITF and the service is only available to a User with the consent of ITF. ITF can withhold consent to your use of this site at any time notwithstanding that you may have made previous use of the service.
1.4 ITF will not be liable for any damage or loss, direct or consequential, arising out of any lack of access to the site or e-mail alerts generated by the site at any time by you, ITF or by any other persons or body.
2. PRIVACY
2.1 Acceptance of these Terms & Conditions amounts to full acceptance of the use of personal data in the way set out herein and in the Privacy Policy. Please see our Privacy Policy for further details.
3. REGISTRATION
3.1 In order to access the iCoach website you must register with ITF by completing the applicable registration form and paying the annual registration fee. If you do not register, you will not be able to access the full content of the iCoach website.
3.2 Payment of the registration fee permits access to, and use of, the iCoach website for a period of 12 months from the date of registration.
3.3 The registration fee is a fixed amount. No partial payments will be accepted unless otherwise advised by ITF.
4. YOUR ACCOUNT
4.1 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.
4.2 You agree to accept responsibility for all activities that occur under your account or password.
4.3 You may not transfer your account to anyone else.
4.4 You will take all necessary steps to ensure that your password is kept confidential and secure and should inform ITF immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner to access your account.
4.5 It is your responsibility at all times to ensure that the personal data uploaded to this site and retained by ITF and processed as herein is at all times accurate and up to date. At any time you may examine this data and make amendments to it in the "My Profile" section.
4.6 ITF reserves the right to refuse access to the website, terminate or suspend accounts, remove or edit content, or cancel registrations at our discretion.
5. YOUR CONDUCT
5.1 You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged, or impaired in any way.
5.2 You understand that you, and not ITF, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
5.3 You must not use the website for any of the following:
(a) For fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
(b) To send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
(c) To cause annoyance, inconvenience or needless anxiety.
(d) To obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
6. PAYMENT
6.1 By using the iCoach website, you agree to accept the annual subscription fee that will be charged for use of the service. Subject to any applicable law, fees and charges for the iCoach website are non-refundable.
6.2 You will be notified of any applicable fees before you start incurring liability for such fees and, by providing your billing information, you agree that you are liable for payment of such fees.
6.3 ITF reserves the right to change its fees or billing methods at any time and ITF will provide thirty days notice of any such changes on this Site.
6.4 You may provide payment via credit/debit card. You expressly authorise ITF (or third parties acting on behalf of ITF) to charge all ITF subscription fees and other charges, including VAT if applicable, and including payment transaction fees for certain payment methods, to the payment method you have designated. You will be liable for all charges incurred by the ITF as a result of rejected credit/debit card and cheque transactions when in payment for the iCoach subscription fee.
6.5 Credit/debit card payment is provided online via PayPal (http://www.paypal.com). All credit/debit card details are processed over a secure connection to PayPal and are encrypted at all times. Your credit/debit card details will not be passed to ITF nor to any 3rd party.
7. FORMATION OF CONTRACT
7.1 When you request to purchase a service on this site such a request amounts in law to an offer only to purchase at the stated amount. No binding contract in law is formed until such time as e-mail is sent by ITF to your specified e-mail address in which it is stated that such offer is accepted.
Your Statutory Rights:
Cooling-off Period
7.2 By law, customers in the European Union have the right to withdraw from the purchase of a service within seven working days beginning with the day after the day on which the contract is concluded. Further you have the right to withdraw from the purchase of goods within seven working days beginning with the day after the day on which you receive the goods. This applies to all of our products and services except those services where performance has begun and you have been informed by ITF that they are not able to cancel the contract once the performance of the services has begun and you have agreed to such performance.
Other Statutory Rights
7.3 For more information about your other statutory rights, please visit the Department of Trade and Industry's website at: http://www.consumer.gov.uk/consumer_web/shopping.htm#4
8. ACCESS TO THIS WEBSITE
8.1 You accept that the technology behind the ITF site is 'leading edge' and it is in the nature of that technology that from time to time problems occur, whether in relation to software or telecommunications or other matters that are not the fault of any party involved in contracts of sale concluded. In view of this you agree that should any fault that is not as a result of any direct lack of care by ITF, leads directly or indirectly to the failure by ITF of the carrying out any contracts concluded on this site that you will not, in such circumstances, hold ITF liable in any way for any loss or damage arising nor will seek specific performance of any such contracts.
8.2 You accept that ITF gives no warranty whatsoever that use of the service provided on this site, including engaging in email correspondence with ITF and others and the downloading of files, will not expose your hardware and/or software to computer viruses, or worms, Trojan horses or other code of a damaging nature.
8.3 ITF accepts no responsibility for the content and functioning of other web sites that you may access through this site, nor does ITF endorse the content of such other sites.
CHILDREN UNDER 16
8.4 If you are under 16, you must ask your parents or a guardian before you:
(a) E-mail the website, or ask ITF to e-mail anything to you;
(b) Send in any information to ITF or register for future products or services;
(c) Enter any contest or game that requires information about you or offers a prize; or
(d) Buy or pay for anything (including any fine) online.
8.5 By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian.
9. CHOICE OF LAW AND JURISDICTION
9.1 These Terms shall be governed by, and construed in accordance with, English law.
9.2 The parties irrevocably agree that the courts of England shall (subject to clause [9.3] below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
9.3 For the exclusive benefit of ITF, ITF shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence.
10. COPYRIGHT AND DATABASE RIGHTS
10.1 All copyright and all other intellectual property rights in all text, images, sound, software, data compilations, service marks, logos and other materials ("the Content") on the pages of the Site are owned by ITF and affiliated companies or are reproduced on the Site with permission of the relevant rights owner.
10.2 The contents of the Site may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without ITF's prior written consent, except as stated below.
10.3 You may read, view, print and download the contents of an individual page for private and personal non-commercial use only provided that all copyright, trademark and other proprietary notices contained in the original materials on any copy of these materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not recopy or further distribute, sell, publish or transmit any part of the material by electronic or any other means.
10.4 You may not systematically extract and/or re-utilise parts of the Content of the website without ITF's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without ITF's express written consent. You also may not create and/or publish your own database that features substantial parts of this website without ITF's express written consent.
10.5 You agree not to sell, resell, supply or otherwise make the Content or extracts or other information derived therefrom available in any manner or on any media to any third party without the prior written consent of ITF.
10.6 You acknowledge that "ITF" and "itftennis.com" are trade marks which are owned by ITF.
11. SUSPENSION & TERMINATION
11.1 The Service may be suspended or terminated immediately by ITF without prejudice to any of your accrued rights if they consider that you are in breach of any of the provisions of this agreement.
11.2 Without prejudice to the provisions of this clause 11, ITF shall be entitled to discontinue the Service on 5 days notice to you.
11.3 The termination of this agreement shall not effect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof.
12. GENERAL
12.1 For the avoidance of doubt, e-mail is considered to have been 'sent' when successfully remitted on to the Internet in a form or manner that does not prevent successful collection by the recipient.
12.2 ITF gives no warranty, expressed or implied, that this site will function and be accessible at all times correctly as intended. You agree that ITF has no responsibility for any loss or damage of any nature, howsoever arising from your use of the site and the service, or from the handling by the site of any data uploaded and or downloaded to or from the site by you and or ITF.
12.3 The Content may contain inaccuracies or typographical errors. ITF make no warranty that any statements or text within this site is accurate and accepts no liability for any lack of accuracy therein.
12.4 Any failure by ITF to enforce any of its rights under agreements entered into under this site and the service provided hereon and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.
12.5 The waiver by ITF of a breach or default of any of the obligations hereunder by you shall not be construed as a waiver of any succeeding breach of the same or other obligations nor shall any delay or omission on the part of ITF to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you
12.6 If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms, which shall remain in full force and effect.
12.7 We reserve the right to make changes to our website, policies and these Terms and Conditions at any time. You will be subject to the Terms and Conditions in force at the time you use the website or when you order or pay for anything on the website. Headings in these terms are for convenience only and will have no legal meaning or effect.