Terms of Service

Terms of Service

Terms of Service Definitions

These Terms of Service (‘Terms’) provide you with an opportunity to purchase various products and services ('Products') that have been offered for sale by City Community Tennis Pty Limited (ACN 600 602 364) t/a City Community Tennis (‘CCT’) either directly or via www.citycommunitytennis.com.au (‘Website’).

Purchasing the Products and/or using, browsing and/or reading the Website, signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must not purchase the Products and must cease usage of the Website.

By accessing the Website and or registering on the Website you will be a user of the Website (‘User’).

By purchasing Products directly from CCT or via the Website, you will be obtaining the purchase services (‘Purchase Services’).

CCT reserves the right to review and change any of the Terms by updating this page at its sole discretion. When CCT updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you make a purchase from CCT and/or access the Website, we recommend you keep a copy of the Terms for your records.

Additional terms and conditions may apply to particular Products (‘Additional Terms’). Additional Terms may include, for example and without limitation, details, particulars, specifications, quantities, entitlements, time periods and inclusions specified in Product descriptions and/or within or during the promotion of Products.

If Additional Terms and conditions of use apply, they will:

• be made available to you at or prior to you agreeing to purchase Products, typically via the Website
• be incorporated into and form part of these Terms; and
• prevail over these Terms only to the extent of any inconsistency.

Use of the Website and the Purchase of Services

In order to access certain Purchase Services via the Website, you may be required to first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself, including without limitation:

• a name
• an email address
• a mobile phone telephone number
• a password
• financial payment information
• date of birth

You warrant that any information you give to CCT in the course of completing the registration process will always be accurate, correct and up to date. You may not Purchase Services and may not accept the Terms if:

• you are not of legal age to form a binding contract with CCT; or
• you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services

Your obligations as a User

As a User, you agree to comply with the following:

You will use the Purchase Services only for purposes that are permitted by:

• the Terms;
• any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;

Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify CCT of any unauthorised use of your password or email address or any breach of security of which you have become aware;

Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of CCT providing the Purchase Services;

You will not use the Purchase Services, Products or Website for any illegal and/or unauthorised use which includes collecting email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by CCT for any illegal or unauthorised use of the Website; and

You acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

As a User, you agree to:

• use of the tennis courts for the sole purpose of playing tennis for personal use
• follow the rules for singles play (2 players on a court) or doubles play (maximum of 4 players on a court) 
• vacate the court when your booking ends and to be aware of the time as there may be other players waiting to come onto the court
• seek permission and authorisation if you are a commercial tennis coach, film company or other commercial hire company prior to booking
• book a maximum of two hours per day on one court and will not book an adjacent court at the same time period, for example Court 1 and Court 2 from 10 to 11am

As a User you agree not to:

• smoke, vape or drink alcohol at any facility managed by CCT including all areas of the tennis courts buildings, bathrooms and surrounds
• bring and use portable music systems on tennis courts
• bring dogs onto the tennis courts
• ride bicycles, scooters or skateboards on the tennis courts
• create additional (alias) player accounts/profiles to book courts

Purchase of Products 

In purchasing Products from CCT, you agree to the payment of the purchase price listed on the Website for the Product or notified to you in writing ('Purchase Price').

The Purchase Price is GST inclusive unless otherwise stated and non-refundable. The Purchase Price must be paid in advance of any Products or Purchase Services being supplied to you, unless agreed otherwise in writing with CCT.  Payment of the Purchase Price must be made directly to CCT via the Website or at point of sale at the Head Office. Following payment of the Purchase Price being confirmed by CCT, you will be issued with a receipt to confirm that the payment has been received and CCT may record your purchase details for future use. The User shall be liable for all reasonable costs incurred in the collection of any invoices that are 90 days or more overdue.

City Community Tennis reserves the right to cancel any Services Purchased due to weather, tennis court maintenance or for any other reason relating to our business operations and will provide you with a credit to your player account or endeavour to provide you with advance notice and/or an alternate booking date. Please refer to our Cancellation Policy.

Membership Services 

The provisions of this clause apply (in addition to the other Terms) to the purchase of Products which are promoted as or otherwise constitute subscriptions to become a member of CCT (‘Memberships’). Holders of Memberships will become members (‘Members’).

Memberships will be subject to Additional Terms described on the Website or otherwise notified to you prior to joining, which typically include the term, benefits and Purchase Price applicable to the Membership.

Memberships will commence on the date of purchase or the commencement date notified to you upon purchase (if any), whichever is later, and will continue for the term described in the Additional Details. All Membership benefits, rights and entitlements will cease automatically upon the expiry of termination of the Membership.

Memberships and the rights, privileges and benefits connected to Memberships cannot be sold, exchanged, transferred or assigned without CCT’s prior written consent which may be withheld or given with conditions.

Memberships may be subject to rules, policies, guidelines or codes of conduct, which may be introduced, implemented and/or varied by CCT from time to time (‘Member Rules’). CCT reserves the right to change, modify or update the Member Rules at any time. Any such changes will be made with reasonable notice by posting the updated Member Rules on the Website or otherwise notifying Members.

All Members must comply with all Member Rules at all times. Failure to comply with any Rules may result in suspension or termination of a Membership.

The Purchase Price for all Memberships must be paid in advance. To the extent permitted by law, the Membership Purchase Price is non-refundable.

UTS Tennis membership has additional special discounts on court hire (weekdays daytime) and programming (adult group classes, match play, doubles play and club ladder events) this is subsidised by UTS Sport. Membership is only available to current UTS students and staff and is not available to UTS Alumni (former students and staff). Student and staff membership is audited by UTS Sport. Do not become a UTS Tennis member if not a current UTS student or staff member.

Facility Hire and Community Room Classes

The provisions of this clause apply (in addition to the other Terms) to the purchase of Products which are promoted as or otherwise constitute the hiring or similar reservation-based temporary usage or occupation of tennis courts, halls, rooms or other premises, structures, facilities or buildings owned, operated or controlled by CCT (‘Facility Hires’).

Facility Hires will be subject to Additional Terms described on the Website or otherwise notified to you prior to joining, which typically include the term, benefits, rights, restrictions, capacities and Purchase Price applicable to the Facility Hire.

Facility Hires may be subject to rules, policies (including Work Health and Safety policies), guidelines or codes of conduct introduced, implemented and/or varied by CCT from time to time (‘Facility Rules’). CCT reserves the right to change, modify or update the Facility Rules at any time. Any such changes will be made with reasonable notice by posting the updated Facility Rules on the Website or by otherwise notifying affected parties.

You must comply with all Facility Rules at all times. Failure to comply with any Facility Rules may result in the cancellation of your right to access the relevant facility and/or you being prohibited from purchasing Facility Hires in the future.

If CCT receives a written request from you to cancel a Facility Hire no less than one (1) week from the date the relevant Facility Hire is to occur, CCT will credit you with an amount equal to the Purchase Price which can be used for future purchases of Products from CCT. Otherwise, no refund or credit will be provided upon any cancellation of a Facility Hire under any circumstances, unless required by law.

Additional Terms may require you to pay a security deposit to CCT, in which case the following provisions apply:

• CCT will return the remaining balance of the security deposit to you upon the expiration or termination of the Facility Hire, provided that CCT is entitled to retain any interest earned on the security deposit
• Upon default by you of any of your obligations under these Terms and/or any Facility Rules, then without prejudice to any other rights CCT has or may have, CCT may apply so much of the security deposit as is necessary to cure the default and to reinstate CCT to its position immediately prior to the default occurring

You must acquire, maintain and provide us with copies of policies of insurance to indemnify CCT and the City of Sydney against any loss, liability or risk that may arise out of or in relation to your Facility Hire, including without limitation, at least $20 million public liability insurance and, where you intend to supply goods or services in connection with your Facility Hire, product liability insurance. You must supply CCT a Certificate of Currency evidencing sufficient coverage to CCT’s satisfaction and noting both Council of the City of Sydney and CCT’s interest as the premises owner and operator respectively.

All Facility Hires are for personal consumer use only. Commercial use of any kind, including, without limitation, use in connection with the operation of any tennis coaching or related business, filming, special events or promotions, is strictly prohibited, unless CCT provides its prior written consent, which it may withhold without reason or provide on conditions.

CCT reserves the right to cancel, vary or amend any reservation or booking associated with any Facility Hire, in which case CCT will endeavour to provide notice as soon as reasonably practicable and will provide a refund of any Purchase Price paid. You release and forever indemnify CCT in respect of any direct or consequential loss or damage suffered or incurred as a result of in connection with any cancellation or amendment.

You release and indemnify CCT and the City of Sydney against any loss, damage, cost or expense (including legal costs incurred in recovering any amount from you on an indemnity basis) (and including negligence)  it suffers as a result of any damage, destruction or devaluation in any way caused by, or contributed or connected to, directly or indirectly, your Facility Hire.

The provisions of this clause apply (in addition to the other Terms) to the purchase of Products which are promoted as or otherwise constitute services connected to physical instruction, training or therapy provided by CCT to you, including without limitation, tennis lessons, community room yoga classes and meditation sessions (‘Physical Services’).

When you agree to these Terms and each time you obtain or use Physical Services, you warrant to CCT that you do not know of any medical or other reason why you should not obtain or use the Physical Services. You agree to promptly provide CCT all relevant personal, health and fitness information both before and during your use of Physical Services as CCT’s reasonably require. Information you provide may require that you obtain medical guidance before CCT can supply Physical Services. You acknowledge that any pre-service screening is not a substitute for medical advice and does not guarantee against injury/death.

Physical Services may be subject to rules, policies, guidelines or codes of conduct introduced, implemented and/or varied by CCT from time to time (‘Physical Service Rules’). CCT reserves the right to change, modify or update the Physical Service Rules at any time. Any such changes will be made with reasonable notice by posting the updated Physical Service Rules on the Website or by otherwise notifying Physical Service users.

You must comply with all Physical Service Rules at all times. Failure to comply with any Physical Services Rules may result in the cancellation of Physical Services being supplied to you and/or you being prohibited from purchasing or using Physical Services in the future.

If you behave in a hazardous, inappropriate or illegal manner during your use or receipt of any Physical Services, CCT may:

• cancel the supply of Physical Services;
• prohibit you from acquiring further Physical Services; and/or
• take any other action CCT considers necessary.

Physical Services may be supplied to you by employees of CCT or by independent contractors (‘Suppliers’). Some suppliers may require you to enter into additional terms, conditions or agreements with them before agreeing to provide you with Physical Services. These Terms cannot be modified or excluded by any agreement you enter into with a Supplier.

Any Physical Services provided to you by CCT, its employees or in connection with these Terms are not a substitute for medical care and should not be construed as medical advice, treatment, examination or diagnosis.

You release and indemnify CCT and the City of Sydney against any loss, damage, cost or expense (including legal costs incurred in recovering any amount from you on an indemnity basis) (and including negligence) it suffers as a result of any damage, destruction or devaluation in any way caused by, or contributed or connected to, directly or indirectly with Physical Services obtained by you.

General Disclaimer

Use of the Website, the Purchase Services, and any of the Products of CCT is at your own risk. Everything on the Website, the Purchase Services, and the Products of CCT, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. 

None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of CCT make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of CCT). This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records
• the accuracy, suitability or currency of any information on the Website, the Purchase Service, any Products or any of its Content related products (including third party material and advertisements on the Website)
• costs incurred as a result of you using the Website, the Purchase Services or any of the Products
• the Content or operation in respect to links which are provided for the User's convenience
• any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
• any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct

The provisions of the above apply only to the maximum extent permitted by law.

Warranties

We may require you to sign a participant risk waiver before obtaining any Products from CCT (Risk Waiver).

Subject to the terms of CCT’s Risk Waiver, CCT accepts liability for all legal guarantees and warranties expressed or implied to the transactions under the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth), or any other legislation (such as the Fair Trading Acts (or equivalent legislation) in each State and Territory) the effect of which cannot be excluded.

Where we are permitted by law (and subject to clause 7.1):

• we do not warrant or represent the suitability of the Website or a Product for any purpose; and
• we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to the Website or the Product, and in particular, we are not liable for death or injury caused by our negligence or breach of any implied terms that any Products (including, without limitation, Physical Services) will be provided with reasonable care and skill at common law
• our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Limitation of Liability

To the extent permitted by law, CCT’s total liability arising out of or in connection with the Purchase Services, the Products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of CCT is the resupply of information, Products or Purchase Services to you.

You expressly understand and agree that CCT, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

CCT is not responsible or liable in any manner for any site content (including the Content) posted on the Website or in connection with the Products or Purchase Services, whether posted or caused by users of the website of CCT, by third parties or by any of the Purchase Services offered by CCT.

Termination

These Terms will continue to apply until terminated by either you or by CCT as set out below.

If you want to terminate the Terms, you may do so by:

• notifying CCT at any time; and
• closing your accounts for all of the Purchase Services which you use, where CCT has made this option available to you

Your notice should be sent, in writing, to CCT via the 'Contact Us' link on the Website.

CCT may at any time, terminate the Terms with you if:

• it provides notice in writing to you
• you have breached any provision of the Terms or intend to breach any provision or suffer an Insolvency Event
• CCT is required to do so by law
• CCT is transitioning to no longer providing the Purchase Services to users in the location in which you are resident or from which you use the service; or
• the provision of the Purchase Services to you by CCT is, in the opinion of CCT, no longer commercially viable.

Subject to local applicable laws, CCT reserves the right to discontinue or cancel your status as a User of the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts CCT’s name or reputation or violates the rights of those of another party.

When the Terms come to an end, all of the legal rights, obligations and liabilities that you and CCT have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely. You will be liable to immediately pay CCT on demand any amounts owing to it under these Terms or otherwise, including in respect of Products that you have ordered from CCT despite whether or not they have been supplied.

In these Terms ‘Insolvency Event’ means the happening of any one or more of the following events:

• in relation to a natural person
• that person being unable to pay his or her debts as and when they fall due
• an application and filing for bankruptcy being made in respect of that person; or
• a receiver, or receiver and manager, trustee for creditors or trustee in bankruptcy or analogous person being appointed over that person’s assets or undertakings or any of them; or
• in relation to a body corporate:
• that body corporate being unable to pay its debts as and when they fall due;
• a receiver, receiver and manager, administrator or liquidator being appointed over that body corporate’s assets or undertakings or any of them;
• an application for winding up or other process seeking orders which, if granted, would render that body corporate an externally-administered body corporate being filed and not being withdrawn within 20 Business Days;
• that body corporate being or becoming the subject of an order, or a resolution being passed, for the winding up or dissolution of that body corporate; or
• that body corporate entering into, or resolving to enter into, a deed of company arrangement or an arrangement, composition or compromise with, or proceedings being commenced to sanction such a deed of company arrangement or arrangement, composition or compromise, other than for the purposes of a bona fide scheme of solvent reconstruction or amalgamation.

Indemnity and Compliance with Laws

You agree to release and indemnify CCT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) (and including negligence) incurred, suffered or arising out of or in connection (directly or indirectly) with the Products, Purchase Services and any Content on the Website;
• any direct or indirect consequences of you accessing, using or transacting directly with us or on the Website or attempts to do so; and/or
• any breach of the Terms.

You acknowledge and agree that some or all of the Products are connected to or involve activities of a physical nature or involve elements of physical exertion. You indemnify and will keep indemnified CCT to the extent permitted by law in respect of any claim (including negligence) by any person arising as a result of or in connection with the Products, use of any premises, facility or item controlled, owned or operated by CCT, and/or participation in any CCT activity or event.

You agree to comply with all laws (including local council by-laws), regulations, policies, procedures and similar requirements of an authoritative nature when using or receiving any Products, including without limitation, any Facility Hires. You indemnify and hold CCT harmless in respect of loss or damage it suffers which is in any way connected to your breach of this clause.

Copyright and Intellectual Property

The Website, the Products, the Purchase Services and all of the related products of CCT are subject to Intellectual Property Rights. The material on the Website is protected by our Intellectual Property Rights. Unless otherwise indicated, all Intellectual Property Rights (including copyright) in the Products, Website content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by CCT or its contributors.

CCT retains all rights, title and interest in the Content. Nothing you do on or in relation to the Products or Website will transfer to you:

• the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of CCT; or
• the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
• a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process); or
• any other Intellectual Property Right owned by CCT.

You may not, without the prior written permission of CCT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.

In these Terms, ‘Intellectual Property Rights’ means all current and future registered and unregistered rights and all renewals and extension of those rights in respect of copyright, marks, trade secrets, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation 1967.

Privacy and Security

CCT takes your privacy and the security of any data we collect seriously. Any personal information provided to CCT in the course of a User’s Service Purchases is subject to the law and CCT’s Privacy Policy which can be viewed by clicking here. 

Assignment

You may not assign your rights under these Terms without CCT’s prior written consent. CCT may assign its rights under these Terms without your consent.

Entire Agreement

These Terms constitute the entire understanding between the parties and supersedes all prior agreements, understandings and communications, whether written or oral.

Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Products, Purchase Services or Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

Survival of indemnities

Any payment obligations, confidentiality provisions and indemnities survive termination of these Terms.

Force Majeure

CCT will not be liable for any loss incurred as a result of delay or failure to observe any of these terms and conditions due to an event of Force Majeure. CCT’s obligations under these Terms will be suspended and will resume as soon as the cause of the Force Majeure has ceased to have effect.

In this clause ‘Force Majeure’ means an act of God, fire, lightning, earthquake, explosions, flood, subsidence, insurrection or civil disorder or military operations or act of terrorism, expropriation, strikes, lock-outs or other industrial disputes of any kind not relating solely to the party affected, and any other event which is not within the reasonable control of the party affected but does not include any act or omission of the other party.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.