CONDITIONS OF USE – ONLINE SYSTEMS
BACKGROUND
1. Tennis SA Incorporated (TSA) provides access to this website and the material contained within (Online Systems) for the benefit of those with an interest in the Memorial Drive Tennis Centre – Centre Court Complex venue, which is operated by TSA. These Online Systems are generally operated by TSA on servers in Australia, but may be operated by third parties contracted by TSA from time to time, using servers both in Australia and overseas.
2. YOUR USE OF ONLINE SYSTEMS PROVIDED BY TSA IS SUBJECT TO THESE CONDITIONS.
CONDUCT
3. TSA wants everyone who uses the Online Systems to have a safe and enjoyable experience and TSA needs your help to ensure this is the case. As such, in using the Online Systems you agree that you will not:
a. post content that is:
i. hate speech or racially offensive;
ii. threatening;
iii. pornographic, profane or contains nudity or graphic or gratuitous violence;
iv. is likely to or intended to incite violence;
b. use an Online System for any improper or unlawful purpose, including:
i. stalking, harassing, bullying or discriminating against other users;
ii. misleading or deceptive conduct, defamation, libel or a breach of confidence.
c. impersonate any other person or entity while using the Online Systems;
d. upload viruses or other malicious code designed to damage the Online Systems;
e. do anything that could disable, overburden, or impair the proper working or appearance of an Online System;
f. copy or reverse-engineer any Online System;
g. collect content from any Online System using automated means (such as harvesting bots, robots, spiders, or scrapers); or
h. post unauthorised commercial communications (such as ‘spam’ or advertisements) on Online Systems.
4. TSA may delete any content from any Online System at any time (in its sole and absolute discretion).
INTELLECTUAL PROPERTY
5. Copyright in all components of the Online Systems is owned or licensed by TSA unless otherwise indicated.
6. You must not copy, modify or transmit any material from the Online Systems without TSA’s consent. In particular, you must not incorporate any material from any part of an Online System in any commercial work or publication, and no material from an Online System may be distributed or copied for any commercial purpose. You may save, print or reproduce copy from the Online Systems solely for your personal (non-commercial) education or information.
7. The Online Systems contain trade marks which may be registered or otherwise protected by law. These include the TSA logo, the Venue logo[BS1] , the Tennis Australia logo and the logos of tennis tournaments. You are not permitted to copy or use these trade marks.
8. Where you are invited to submit any contribution to an Online System (including text, photographs, graphics, video or audio) you agree, by submitting your contribution, to:
a. warrant to TSA that your contribution is your own original work, it is not defamatory, it does not infringe any law, and that you have the right to make it available to TSA; and
b. grant TSA a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, distribute, and exercise all copyright and publicity rights with respect to your contribution worldwide. If you do not want to grant to TSA the rights set out above, you should not submit your contribution to any Online System.
9. You are not permitted to publish links to Online Systems on your own websites or systems without TSA’s express permission.
PERSONAL INFORMATION
10. TSA respects your privacy. The personal information you submit while using an Online System will be collected, used and disclosed in accordance with any privacy statement disclosed to you and the Tennis Privacy Policy (http://www.tennis.com.au/privacy), which contains information about how you may access and seek correction of your personal information, how you can complain about a breach of your privacy, and how the complaint will be dealt with.
11. In certain limited situations, the information that you submit while using an Online System may be made publicly available in accordance with the Tennis Privacy Policy. For example:
a. if you are a coach member of Tennis Australia, your business and contact details may be advertised to prospective participants at www.tennis.com.au; or
b. if you are a tennis player with TSA, your name, age/year of birth or location may appear on tennis rankings, tournament schedules, competition schedules and results pages.
12. It is your responsibility to keep your personal details, including contact information, accurate and up-to-date so TSA can most effectively communicate with you and operate the Online Systems for your benefit.
ANTI-SPAM NOTICE
13. You must not use any personal information (including, but not limited to names, locations and any email addresses) that appears on an Online System to infer consent to the receipt of unsolicited commercial electronic messages or other communications from you or other third parties. Without limiting the foregoing, the personal information (including, but not limited to, email addresses) of any TSA personnel or any personnel of an Australian Tennis Organisation must not be used by you to send unsolicited commercial electronic messages.
SIGN-ON CREDENTIALS
14. You may be required to register or sign-on as a user to access certain areas of the Online Systems. You may need to provide an ID, username, password or other sign-on credentials and when doing so. You must ensure that you keep your sign-on credentials secret and that you do not disclose them to anyone – as you are responsible for all activities undertaken under your sign-on credentials.
15. It is your responsibility to notify TSA immediately of any unauthorised use of your sign-on credentials as soon as you become aware of it.
16. You must not transfer your sign-on credentials to anyone without first obtaining TSA’s permission.
17. TSA may merge your records if you have duplicate or superfluous sign-on credentials or other records on Online Systems.
18. If you are under 18 years old, you should obtain the consent of your parent or guardian before using or registering for an Online System.
ADMINISTRATORS
19. Some components of Online Systems are only available to TSA personnel, Australian Tennis Organisations’ personnel, or particular groups of TSA stakeholders (coaches, officials, schools). Certain persons are granted the ability to administer elements of Online Systems. If you are an administrator of an Online System, your role is to:
a. ensure that the information you record in an Online System is accurate and complete;
b. update information in Online Systems as and when you become aware that the information is out-of-date;
c. maintain the security of your administrator sign-on credentials;
d. comply with all aspects of these Conditions; and
e. if you are recording personal information in an Online System, ensure:
i. the relevant individual is notified that his/her personal information will be used in accordance with the Tennis Privacy Policy; and
ii. only use personal information in the Online System for the purpose it was provided (tennis activities and not for any other purpose).
NO LIABILITY FOR CONTENT
20. TSA may update any content on any Online System from time to time, without notice.
21. The Online Systems contain links to other websites or systems including social media channels. TSA provides these links as a courtesy and ready reference for engaging in tennis and not as an endorsement of any website or system, its operator or any goods or services promoted. TSA is not responsible for, and will not be liable in respect of, the content or operation of any other websites or system.
22. Subject to any applicable law which cannot be excluded:
a. you use the Online Systems at your own risk;
b. TSA provides you with access to the Online Systems without any express or implied warranties, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement;
c. TSA does not guarantee, or make any representations or warranties that the Online Systems will be always safe, secure, complete, available, and free of errors;
d. TSA excludes all warranties, whether express or implied, in relation to the Online System and any goods or services accessible or promoted via the Online Systems.
23. TSA excludes and will not, in any case, be liable for:
a. any direct loss or damage that you may suffer as a result of using the Online Systems;
b. any loss of profit, business opportunity, goodwill, anticipated savings or data, or for any special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of the Online Systems, even if TSA was aware or ought to have been aware of the possibility of such loss or damage;
however arising, whether in contract, tort, negligence, misrepresentation or otherwise.
BREACH
24. If you breach these Conditions, TSA may, in addition to any other remedy available to it, block your access to Online Systems and may deactivate any sign-on credentials you hold.
GENERAL
25. These Conditions may be updated by TSA from time to time. TSA will post, or link to, ant new Conditions on all the Online Systems. Your continued use of the Online Systems constitutes acceptance of the amended Conditions.
26. These Conditions are governed by the laws of the State of South Australia, Australia and you submit to the exclusive jurisdiction of the South Australia courts.
27. Any Condition that is either wholly or partly unenforceable will be severed to the extent necessary to make the remaining Conditions enforceable.
28. Any partial exercise, failure to exercise, or delay in exercising a power, right or remedy provided under these Conditions, or by law, does not operate as a waiver, or prevent or restrict any further or later exercise of that power, right, or remedy.
If you have a query regarding these Conditions, contact TSA by using the “Contact Us” details on the TA website: www.tennis.com.au.