Terms and Conditions
Terms of Agreement between RISE TENNIS (ABN 40 524 846 546) and the user of this Website ("You/Your").
Your use of this Website is subject to these legally binding Terms and Conditions. It is important that you read them carefully before proceeding. These Terms and Conditions shall be deemed to be accepted by the Participant or Parent/Carer once the box is ticked on the Booking Form/Payment Page. It is required to access this Website for lesson registration, court hire and/or product purchase.
1. PARTICIPANT AND PARENT/CARER OBLIGATIONS:
1.1 The Participant, Parent/Carer acknowledges that there is a certain degree of assumed risk while participating in RISE TENNIS activities and/or facility hire/usage, and will not hold RISE TENNIS responsible for any accidents or injuries, including, but not limited to physical injury sustained while participating and/or court hire/usage.
1.2 All information provided on the Booking Form must be complete and accurate. Any changes must be sent by the Participant, Parent/Carer to RISE TENNIS immediately.
1.3 It is the Participant/Parent/Carer's responsibility to inform RISE TENNIS of any special needs or medical conditions when booking or hiring a court.
1.4 The Participant must not attend lessons whilst suffering from any ailment, serious illness or contagious disease that will place themselves or others at risk.
1.5 A RISE TENNIS representative may obtain medical assistance, treatment and/or transport for you or your child as deemed reasonably necessary. You consent to any such medical treatment and/or transportation for you or your child. You acknowledge and agree that you will be responsible for any costs associated with any such medical treatment and/or transportation.
1.6 RISE TENNIS shall have the sole right to exclude the Participant and/or Parent/Carer either permanently or for such period as Rise Tennis shall (in its entire discretion) determine if necessary for the safety and well being of other Participants or Parents/Carers.
1.7 The Participant and/or Parent/Carer accepts sole responsibility for the general conduct of the Participant during the lesson and whilst on the Premises.
1.8 Participants must wear appropriate attire for all RISE TENNIS activities and/or use of the courts, including a hat and supportive, non-marking shoes.
2. LIMITATIONS OF LIABILITY:
2.1 The Participant, Parent/Carer agrees that any claim made against RISE TENNIS will be made in writing within 7 days of the incident taking place and failure to report in writing within this time will negate any such claim.
2.2 The Participant, Parent/Carer agree to release RISE TENNIS and its coaches, coaches assistants, employees, agents and/or representatives from all liability in respect of any loss or damage they or their child may suffer. The Participant, Parent/Carer also agree to release, defend, hold harmless and indemnify RISE TENNIS and its coaches, coaches assistants, employees, agents and/or representatives from and against any actions, proceedings, demands, claims, expenses (including legal expenses), damages and liabilities arising from or incurred as a result of participation in any RISE TENNIS activity or RISE court usage.
2.3 The Participant, Parent/Carer agrees that any product purchased from the RISE TENNIS store is to be used at their own risk. RISE TENNIS will not accept responsibility for any personal injury which may occur due to improper use. As a consequence, RISE TENNIS recommends that all equipment is used under the supervision of a Parent/Carer.
3.1 Access to the tennis courts will be only via online court hire booking system and outside of school hours.
3.2 Use of the hired tennis court is strictly for hirer/participant and members of their household and/or hitting partners. Children under the age of 16 must be supervised by a responsible adult at all times. The gate must be locked upon entry and again uppn exiting the courts.
3.3 RISE TENNIS reserves the right to cease court hire immediately as a result of misuse, damage to property, dangerous or inappropriate conduct. It is a condition of hiring a court that the hirer, family and/or hitting partners undertake the use of the facilities in a safe and cautious manner at all times and acknowledge that use is at their own risk.
3.4 Prohibited items on the court include, but are not limited to: Pets, bicycles, scooters, skateboards, roller blades, glass or sharp objects and chewing gum. Smoking is strictly prohibited.
3.5 Court hire is for social tennis and training. Professional lessons may only be provided by RISE TENNIS coaches.
3.6 Participants must remove all of their rubbish when court hire is complete. Please report any issues to RISE TENNIS via [email protected]
3.7 Early morning and late evening participants must be mindful of the local residents who live nearby. Please be courteous to others.
4. CUSTOMERS - PLACING AN ORDER AND PAYMENT:
4.1 By completing a Purchase Order, You are making an offer to purchase the Lessons or Product at the price set out in the Website, subject to any subsequent notification of price by RISE TENNIS to You in accordance with clause 4.5.
4.2 Payment must be made at the time of submitting the Purchase Order. Payment can be made by most major credit cards (including a surcharge) or direct deposit. You warrant that You are an authorised user of the credit card used to complete payment in accordance with this clause. Payment can also be made using Direct Deposit. You warrant that You are an authorised user of the Direct Deposit account.
4.3 All Purchase Orders placed through this Website are subject to confirmation and acceptance by RISE TENNIS. We will email you with confirmation of the receipt of Your Purchase Order, and then Acceptance by RISE TENNIS will be upon Your receipt of the email confirming the Lessons or Product. RISE TENNIS may reject Your Purchase Order, and refund any payment made by You.
4.4 The Purchase Order must be paid in full within seven days of entry into the Agreement. All transactions are settled in Australian Dollars (AUD). If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still order by credit card - your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details. The final charge to your card is made in Australian Dollars and the ultimate conversion rate is determined by your bank or credit provider. Therefore we are not able to take responsibility if the final amount charged to your card.
4.5 RISE TENNIS may vary prices. If RISE TENNIS requests payment for increased prices, You may cancel the order by giving notice to RISE TENNIS, which must be received within seven days of the announcement of the increase.
4.6 This Website is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using the latest version of an SSL compliant browser (e.g. Internet Explorer, Firefox, Safari, Google Chrome). A padlock will appear to the left of the URL when the site is secure.
4.8 The cookies that are placed on your computer when you visit the Website are known as session cookies. These session cookies originate from our web server, and cannot be accessed by any web server other than ours. Session cookies are temporary cookies which are necessary for the proper functioning of the Website. They automatically expire approximately 20 minutes after you have ceased viewing pages on our Website, and therefore cannot be used to recognise you on subsequent visits to the Website.
4.9 RISE TENNIS does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept by Stripe Payment Systems for order verification and identification purposes only. While every endeavour is made to ensure every Website experience with us is a good one, in the event a credit card is used without the holder's authorisation, the card holder must notify their credit card provider in accordance with their reporting rules and procedures.
4.10 RISE TENNIS reserves the right to limit the quantities of product sold as it sees fit. It is a condition of this Agreement that you do not resell the Products to a third party.
4.11 The Website is owned and operated by RISE TENNIS. This Agreement supersedes all prior agreements and may be revised by RISE TENNIS from time to time.
5. YOUR USE OF THE WEBSITE:
5.1 You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
5.2 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, RISE TENNIS’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
6. YOUR ACCEPTANCE OF THESE TERMS AND CHANGES TO THE TERMS:
6.2 From time to time, this Agreement will be reviewed and may be revised. RISE TENNIS reserves the right to change this Agreement at any time. Any such changes will be posted on the Website (links on home page). Your subsequent transactions will be effected in accordance with the terms in place at the time of your most recent registration and acceptance of the RISE TENNIS terms and conditions.
7. MEDIA RELEASE:
7.1 You hereby grant permission to RISE TENNIS and it's representatives, to take and use photographs and/or digital images and/or video footage of You and/or Your child for use in media releases, media articles including newspapers, radio, television, printed publications and/or educational materials. This may also include electronic publications and communications such as RISE TENNIS social media and website.
7.2 You agree that Your or Your child's name and identity may be revealed in descriptive text or commentary in connection with the image(s). You authorise the use of these images without compensation to You. All negatives, prints, digital reproductions and shall be the property of RISE TENNIS.
8. WEBSITE AVAILABILITY:
8.1 From time to time down-time, either scheduled or unscheduled, may occur. RISE TENNIS will work within reason to ensure this amount of down-time is limited.
8.2 RISE TENNIS will not be held liable for the consequences of any down-time.
9. INTELLECTUAL PROPERTY:
9.1 Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
9.2 Unless otherwise noted, all materials on this Website are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by RISE TENNIS.
9.3 RISE TENNIS’s trade marks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by RISE TENNIS.
9.4 All rights not expressly granted are reserved.
9.5 This Website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under RISE TENNIS’s direct control and RISE TENNIS accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this Website). You acknowledge that RISE TENNIS is entitled to require you to remove any link from another website to this Website which you install without obtaining RISE TENNIS’s prior written consent.
10.1 You acknowledge that the Products require special maintenance. RISE TENNIS will not be liable for any damage caused by any failure by You to maintain the Product properly.
10.2 Please note that the colours of Products may vary slightly from those displayed by Your computer monitor.
10.3 Please note that the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified ("Non-excludable Rights"). Notwithstanding any other term in this Agreement, RISE TENNIS does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.
11. LIMITATION OF LIABILITY/WEBSITE:
11.1 To the fullest extent permitted by law, RISE TENNIS’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of RISE TENNIS, to:
a. in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
b. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
11.2 RISE TENNIS’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if RISE TENNIS has been notified of the possibility of such loss or damage.
11.3 You agree that RISE TENNIS’s liability, if any, to You at law will be reduced by the extent, if any, to which You contributed to the loss.
12. FORCE MAJEURE:
12.1 RISE TENNIS will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond RISE TENNIS’s reasonable control.
13.1 RISE TENNIS reserves the right to terminate this Agreement at any time.
13.2 Subject to clause 13.3, RISE TENNIS shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
13.3 If the Lesson or Product has not been delivered to You prior to any termination of this Agreement by RISE TENNIS, RISE TENNIS will refund to You any payment You have made prior to the termination.
14. RISE TENNIS SUN PROTECTION POLICY:
14.1 RISE TENNIS's Sun Protection Policy aims to ensure all participants, coaches and officials are protected from the harmful effects of the sun throughout the year, and that RISE TENNIS provides a sporting environment that supports sun safety awareness and practices.
14.2 RISE TENNIS is committed to the duty of care to provide a safe environment for everyone involved in RISE TENNIS activities. Providing a safe environment includes protecting people from the harmful effects of UV radiation.
14.3 Wherever possible, RISE TENNIS will use a combination of sun protection measures for all outdoor activities from September until the end of April and whenever UV levels reach 3 and above (use www.cancercouncil.com.au/sunsmart to view local UV levels) including, but not limited to, the following:
a. Scheduling of outdoor activities:
Schedule outdoor events and/or training times outside peak UV times of 10am–2pm.
Consider all sun protection measures when planning outdoor events and/or training.
Investigate the feasibility of having evening training sessions, games and events.
Hold training sessions and competitions at venues that provide adequate shade.
Encourage participants, coaches and officials to use the shade available, and encourage people to bring their own umbrellas and shade tents.
Ensure that officials, coaches and participants are provided with or encouraged to wear sun-safe hats that protect the face, neck and ears.
Recommended sun-safe hats include legionnaire, board-brimmed and bucket hats.
Encourage those who do not bring hats to play in an area protected from the sun and enforce a ‘no hat, play in the shade’ rule for juniors.
Participants, coaches and officials will be provided regular opportunities for hydration and are encouraged to bring a water bottle to all RISE
TENNIS activities. If a participant, coach or official does not have a water bottle, use of a water fountain will be encouraged regularly.
Ensure that officials, coaches and participants are provided with or encouraged to wear sun-safe clothing that covers as much skin as possible.
Incorporate clothing that is cool, loose fitting and made of densely woven fabric for UV protection.
Sunscreen is available that is at least SPF 30+, broad-spectrum and water-resistant for participants, coaches and officials.
Encourage sunscreen to be applied at least 20 minutes before going outdoors, and is reapplied every 2 hours when outdoors, or after perspiring.
Encourage coaches, officials and participants to wear close-fitting, wrap-around sunglasses that cover as much of the eye area as possible.
h. Role Modelling:
Encourage all officials and coaches to act as positive role models for younger participants in all aspects of sun safe behaviour including the use
of a combination of sun protection measures.
15.1 The application of the United Nations Convention on Contracts for the International Sale of Goods (known as the Vienna Sales Convention 1980) is excluded.
15.2 This Agreement is not subject to any terms or conditions proposed by You unless those terms or conditions are expressly accepted by RISE TENNIS in writing.
15.3 Failure of either party to enforce any right it has under these Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
15.4 The Agreement will be made on RISE TENNIS‘s acceptance of Your offer and will be, and is, governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Queensland, Australia in any dispute or any matter in any way related to, or connected with, this agreement or any transaction contemplated by this agreement.
15.5 Each party agrees not to object to the venue or to claim that the courts exercising jurisdiction in the state of Queensland, Australia are an inconvenient forum for any dispute or any matter in any way related to, or connected with, this Agreement or any transaction contemplated by this Agreement.
15.6 If any provision of the Agreement is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining provisions of the Agreement will remain in full force and effect.
15.7 RISE TENNIS may be notified by email at [email protected] or post to 34 Beverley Hill Street, Moorooka, Queensland, Australia, 4105
- "Agreement" means the terms and conditions which may be amended from time to time.
- "RISE TENNIS" means RISE INDUSTRIES PTY LTD (ACN 601 890 313) as Trustee for Rise Trust (ABN 40 524 846 546).
- "Lessons or Products" means the lessons or product that is specified on the Purchase Order as the product You wish to purchase pursuant to the Agreement.
- "Purchase Order" means the online purchase order form to be completed by You in relation to Your purchase of the Lesson or Product.
- "Website" means internet website with the URL www.rise.com.au and associated websites.
- "You" means the user of the Website (and "Your" has the corresponding meaning).
- "Booking Form" means the form relating to the registration of the Participant for a Term(s) as set out in the website.
- "Carer" means the person who is responsible for the Participant's welfare.
- "Coach" means the individual engaged by Rise Tennis to coach. Whilst every effort will be taken to maintain the consistency of the Coaches during the term, Rise Tennis retains the right to change the coaching staff where necessary.
- "Fees" means the value chargeable to attend lessons for a Term, as specified on the Booking Form.
- "Parent" means a parent or legal guardian of the Participant who will be responsible for the payment of the Fees and who is the contracting party to this agreement and who shall (if the Carer is not the Parent) be responsible for compliance with these Terms and Conditions.
- "Participant" means the person who is attending or who is booked in to a Rise Tennis lesson. Their details are specified by themselves or the Parent/Carer on the Booking Form.
- "Activity" means any of the following with Rise Tennis - group lessons, private lessons, camps, training/squad sessions, competitions, fixtures, match play, fitness sessions, rehabiliation or court hire.
- "Premises" means the location where the Rise Tennis lessons take place.
- "Term" means the agreed dates on the Booking Form and as described under "Tennis Lessons - Book Today!" on the Website.
- "Terms & Conditions" means the terms and conditions set out in this document.
Terms and Conditions - updated: 25 May 2018 by RISE.