TERMS & CONDITIONS 'Focus is internal & external state working in harmony.'
Kindly comply with Terms and Conditions
REGISTRATION Sign-up for free by selecting location or virtual link. Establish your own account by using your email address and create a password. Your account can be utilised for all members of the family.
RESERVATIONS/
PACKAGES Once
logged in, you can then purchase packages which are either:
group, private, virtual or school term.
Upon which you will then be issued with session
credits (i.e. 1 session= 1 credit), to enable you to make reservations. On our
schedule page you may reserve classes for up to 14 days.
Packages commence from the purchase date and are valid for a set period of time (days) until they expire.
Additional information for Virtual classes: 1. Require client to sign-up to own Zoom account. 2. Then via your Tennis account, go to our schedule page & reserve class. You will be able to view booking in your account menu reservation feature with a virtual class Zoom link. 3. From your smart phone (android or iPhone) or other device, setup so we can see you & click the Zoom link to start class. Note, for productivity use wireless earbuds (headphones) to hear & communicate with us while we analyse your game. 4. You may conduct class either on court playing with other player/ using ball machine/ wall/ rebound net or off court shadow drills.
CANCELLATION AND CREDIT RETURN POLICY
Log into your account, find menu then reservation and next to the class you wish to cancel, press ‘cancel’.
You may cancel a booking up to 12 hours prior to class and receive a return of your credit. If you cancel your booking within less than 12 hours notice,
you will lose your credit.
We reserve the right to cancel any group or private class.
If we cancel any class, your credit will be returned.
At the coaches discretion, a client’s class may be cancelled due to their
health or injury.
GENERAL POLICIES We may
close on declared national public holidays. Due to Health & Safety Measures
and Professional
Liability, attendance of all classes is
restricted to a coach and player(s) only (‘No Spectators’ permitted).
To maintain focus and intellectual property, no cameras or
filming is permitted.
Please note, failing to comply with Oz Tennis Team terms and
conditions can result in cancellation, suspension or termination of your
package.
TERMS OF SERVICE Oz Tennis Team (the “Oz Tennis Team”) is owned and operated by Scivetti Tennis and Sports Management SDN BHD.
These Terms of Service (“Terms”) apply to your access
to and use of the Oz Tennis Team website: oztennisteam.com (the “Website”)
and mobile application (the “App”) provided by Oz Tennis Team, and our
parent, subsidiaries and affiliates (collectively, “Oz Tennis Team,” “we”
or “us”), and the features, services, and programs offered through the
Website and the App (collectively with the Website and App, our “Service”).
By accessing or using our Service, you agree to these Terms. If you do not
agree to these Terms, do not access or use our Service.
These Terms do not alter in any way the terms or conditions
of any other agreement you may have with Oz Tennis Team for products, services or otherwise,
including enrolment agreements or program terms that apply to enrolment in or
attendance at any Oz Tennis Team schools, camps, training, events, and other
programs we offer (“Program Terms”).
If you have any questions about these Terms, our Service,
our events or programs, please contact us at: info@oztennisteam.com.
1. ELIGIBILITY If you are accessing or using our Service you are deemed to
have accepted these Terms.
2. USER CONTENT Our Service may allow you to create, post, store and share
content, including messages, text, photos, videos, software and other materials
(collectively, "User Content"). Except for the license you
grant below, and Feedback as set forth in Section 4 below, you retain all
rights in and to your User Content, as between you and Oz Tennis Team.
You grant Oz Tennis Team a perpetual, irrevocable,
nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, publicly perform and display your User Content and any name,
username or likeness provided in connection with your User Content in all media
formats and channels now known or later developed without compensation to you.
When you post or otherwise share User Content on or through our Service, you
understand that your User Content and any associated information (such as your
username) may be visible to the public. You represent and warrant that (a) you
own and control all of the rights to the User Content that you post or you
otherwise have the right to post such User Content (b) the User Content is
accurate and not misleading and (c) use and posting of the User Content you
supply does not violate these Terms and will not violate any rights of or cause
injury to any person or entity.
3. PROHIBITED CONDUCT AND CONTENT You will not violate any applicable law, contract,
intellectual property or other third-party right or commit a tort, and you are
solely responsible for your conduct while accessing or using our Service. You
will not: ·
Engage in any harassing,
threatening, intimidating, predatory or stalking conduct ·
Use or attempt to use another user’s
account without authorization from that user and Oz Tennis Team
·
Use our Service in any manner that
could interfere with, disrupt, negatively affect or inhibit other users from
fully enjoying our Service or that could damage, disable, overburden or impair
the functioning of our Service in any manner ·
Reverse engineer any aspect of our
Service or do anything that might discover source code or bypass or circumvent
measures employed to prevent or limit access to any part of our Service ·
Attempt to circumvent any
content-filtering techniques we employ or attempt to access any feature or area
of our Service that you are not authorized to access ·
Develop any third-party applications
that interact with our Service without our prior written consent, including any
scripts designed to scrape or extract data from our Service ·
Bypass or ignore instructions
contained in the robots.txt file that controls automated access to portions of
our Service: or ·
Use our Service for any illegal or
unauthorized purpose, or engage in, encourage or promote any activity that
violates these Terms. You may also only post or otherwise share content that is
non-confidential and you have all necessary rights to disclose. You may not
create, post, store or share any content that: ·
Is unlawful, libellous, defamatory,
obscene, pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or
otherwise objectionable ·
Would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any party or
otherwise create liability or violate any local, state, national or
international law· May infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary right of any
party ·
Contains or depicts any statements,
remarks or claims that do not reflect your honest views and experiences ·
Impersonates, or misrepresents your
affiliation with, any person or entity
·
Contains any unsolicited promotions,
political campaigning, advertising or solicitations ·
Contains any private or personal
information of a third party without such third party’s consent ·
Contains any viruses, corrupted data
or other harmful, disruptive or destructive files or content or ·
Is, in our sole judgment,
objectionable or that restricts or inhibits any other person from using or
enjoying our Service, or that may expose Oz Tennis Team or others to any harm
or liability of any type.
Enforcement of the content or conduct rules set forth in
these Terms is solely at our discretion, and failure to enforce such rules in
some instances does not constitute a waiver of our right to enforce such rules
in other instances. In addition, these rules do not create any private right of
action on the part of any third party or any reasonable expectation that the
Service will not contain any content that is prohibited by such rules. Although
we have no obligation to screen, edit or monitor User Content, we may delete or
remove User Content at any time and for any reason.
4. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials or
other information you submit about Oz Tennis Team or our Service or Oz Tennis
Team Programs (collectively, “Feedback”) is non-confidential and will
become the sole property of Oz Tennis Team. We will own exclusive rights,
including, without limitation, all intellectual property rights, in and to
Feedback and will be entitled to the unrestricted use and dissemination of
Feedback for any purpose, commercial or otherwise, without acknowledgment or
compensation to you.
5. PROMOTION Any and all offers or promotions advertised on this Service
are null and void where prohibited and are subject to the posting of
any official rules to such offers or promotions.
6. COPYRIGHT & TRADEMARK Our Service and the text, graphics, images, photographs,
videos, illustrations, trademarks, trade names, service marks, logos, slogans
and other content contained therein (collectively, the “OZ TENNIS TEAM Content”)
are owned by or licensed to Oz Tennis Team and are protected under both Malaysia,
United States [vVS(42] and foreign laws. Except as
explicitly stated in these Terms, Oz Tennis Team and our licensors reserve all
rights in and to the Service and the Oz Tennis Team Content. You are hereby
granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable
license to access and use the Service and Oz Tennis Team Content for your own
personal use however, such license is subject to these Terms and does not
include any right to (a) sell, resell or commercially use the Service or Oz
Tennis Team Content (b) copy, reproduce, distribute, publicly perform or
publicly display Oz Tennis Team Content, except as expressly permitted by us or
our licensors (c) modify the Oz Tennis Team Content, remove any proprietary
rights notices or markings, or otherwise make any derivative uses of the
Service or Oz Tennis Team Content (d) use any data mining, robots or similar
data gathering or extraction methods and (e) use the Service or Oz Tennis Team
Content other than for their intended purposes. Any use of the Service or Oz
Tennis Team Content other than as specifically authorized herein, without our
prior written permission, is strictly prohibited and will terminate the license
granted herein.
7. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS When you visit Oz Tennis Team premises or attend Oz Tennis
Team Programs, you may enter an area where photography and audio and video
recordings may occur. By entering the Oz Tennis Team premises or attending Oz
Tennis Team Programs, you consent to such photography and audio and video
recording and you release Oz Tennis Team for any liability connected therewith.
You acknowledge that you have no expectation of privacy while on the Oz Tennis
Team premises.
8. COPYRIGHT COMPLAINTS We have a policy of limiting access to the Service and
terminating, in appropriate circumstances, the accounts of users who are deemed
to be repeat infringers. We also may, at our sole discretion, limit access to
the Service and our Service or terminate the accounts of any users who infringe
the intellectual property rights of others, whether or not there is any repeat
infringement. If you believe that anything on the Service infringes any
copyright that you own or control, you may notify Oz Tennis Team Designated
Agent as follows: Designated Tania Scivetti Address: M-2-20 (1st Floor), Plaza Damas 60, Jalan Sri
Hartamas,
Sri Hartamas, 50480 Kuala Lumpur, Malaysia Telephone Number: +60362032811 Fax Number: +603.2181.2810 E-Mail Address: office@scivettilegal.com Please note that if you knowingly misrepresent that any
activity or material on our Service is infringing, you may be liable to Oz
Tennis Team for certain costs and damages.
9. INDEMNIFICATION You will indemnify, defend, and hold harmless Oz Tennis Team
and each of our respective officers, directors, agents, partners and employees
(individually and collectively, the “ Oz Tennis Team parties”)
from and against any loss, liability, claim, demand, damages, expenses or costs
(including attorney’s fees) arising out of or related to (a) your access to or
use of our Service (b) your User Content (c) your violation of these Terms
or (d) your violation, misappropriation or infringement of any rights of
another (including intellectual property rights or privacy rights). This
indemnity is in addition to, and not in lieu of, any other indemnities set
forth in a written agreement between you and Oz Tennis Team or the other Oz
Tennis Team Parties.
10. DISCLAIMERS We do not control, endorse or take responsibility for any
third-party content available on or linked to by our Service, including User
Content.
Your use of our Service is at your sole risk. Our Service is
provided “as is” and “as available” without warranties of any kind, either
express or implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title, and non-infringement.
In addition, Oz Tennis Team does not represent or warrant that our Service is
accurate, complete, reliable, current or error-free. While Oz Tennis Team
attempts to make your access to and use of our Service safe, we cannot and do
not represent or warrant that our Service or servers are free of viruses or
other harmful components. You assume the entire risk as to the quality and
performance of the Service.
11. LIMITATION OF LIABILITY Oz Tennis Team and the other Oz Tennis Team Parties will not
be liable to you under any theory of liability—whether based in contract, tort,
negligence, strict liability, warranty, or otherwise—for any indirect,
consequential, exemplary, incidental, special or punitive damages or lost
profits, even if Oz Tennis Team or the other Oz Tennis Team Parties have been
advised of the possibility of such damages.
The total liability of Oz Tennis Team and the other Oz
Tennis Team Parties for any claim arising out of or relating to these Terms,
our Service, or any Oz Tennis Team Program, regardless of the form of the
action, is limited to the amount paid, if any, by you to access or use our
Service or for the Oz Tennis Team Program.
The limitations set forth in this Section will not limit or
exclude liability for the gross negligence, fraud or intentional misconduct of
Oz Tennis Team or the other Oz Tennis Team Parties or for any other matters in
which liability cannot be excluded or limited under applicable law.
Additionally, some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations or exclusions may
not apply to you.
12. RELEASE 12.1 To the fullest extent permitted by applicable law, you
release Oz Tennis Team and the other Oz Tennis Team Parties from
responsibility, liability, claims, demands and/or damages (actual and
consequential) of every kind and nature, known and unknown (including, but not
limited to, claims of negligence), arising out of or related to disputes between
users and the acts or omissions of third parties. You expressly waive any
rights you may have, as well as any other statute or common law principles that
would otherwise limit the coverage of this release to include only those claims
which you may know or suspect to exist in your favour at the time of agreeing
to this release. 12.2 Upon purchasing a package or making a payment on
our website, I hereby agree that Oz Tennis Team and Scivetti Tennis and Sports
Management Sdn Bhd and their employees or consultants are released absolutely
from all liability and responsibility for injury, damages, illness, accident,
death howsoever arising which may occur to myself/my child/my children/my ward
at any time during the tennis lesson or program. I agree to indemnify and keep
indemnified Oz Tennis Team and Scivetti Tennis and Sports Management Sdn Bhd
and their employees or consultants from and against all liability, damages and
costs of defending such claims whatsoever in respect thereof.
13. TRANSFER AND PROCESSING OF DATA By accessing or using the Service, you consent to the
processing, transfer and storage of information about you in and to Malaysia
and other countries, where you may not have the same rights and protections as
you do under local law.
14. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service and Oz
Tennis Team Programs will be governed by, construed and enforced in accordance
with the laws of Malaysia and the choice of law shall be the laws of Malaysia.
15. CHANGES TO THESE TERMS We may make changes to these Terms from time to time. If we
make changes, we will post the amended Terms to our Service and update the
“Last Updated” date above. Unless we say otherwise in our notice, the amended
Terms will be effective immediately and your continued access to and use of our
Service after we provide notice will confirm your acceptance of the changes. If
you do not agree to the amended Terms, you must stop accessing and using our
Service.
16. TERMINATION We reserve the right, without notice and in our sole
discretion, to terminate your right to access or use the Service. We are not
responsible for any loss or harm related to your inability to access or use our
Service.
17. SEVERABILITY If any provision or part of a provision of these Terms is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from these Terms and does not affect the validity and
enforceability of any remaining provisions.
18. MISCELLANEOUS These Terms, together with any applicable Program Terms,
constitute the entire agreement between you and Oz Tennis Team relating to your
access to and use of our Service. The failure of Oz Tennis Team to exercise or
enforce any right or provision of these Terms will not operate as a waiver of
such right or provision. The section titles in these Terms are for convenience
only and have no legal or contractual effect. Except as otherwise provided
herein, these Terms are intended solely for the benefit of the parties and are
not intended to confer third party beneficiary rights upon any other person or
entity.
KICK SERVE KEEP YOUR CHIN UP AND USE WRIST SNAP
Davis Cup winner, US Open and Wimbledon finalist Mark Philippoussis