Terms & Conditions
Last updated 1 Oct 2022
Please read these terms and conditions carefully. By using the TAKTIK TENNIS™ Products or Services you agree to these Terms and Conditions. If you do not accept these terms, do not purchase, access or use the TAKTIK TENNIS™ products or services.
TAKTIK PRODUCTS Pty Ltd (hereinafter “TAKTIK TENNIS™”, “we”, “us”, or “our”) designs and sells an interactive tetherball game (the Product) together with iOS and Android applications used to enhance the game experience (the APP)
The terms and conditions:
In the agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you.
“Content” means any content in any form published on Our Website by us or any third party with our consent.
“Products” means any of the goods we offer for sale on Our Website including TAKTIK TENNIS™ and accessories
“Our Website” means any website of ours and includes all web pages controlled by us.
“Post” means display, exhibit, publish, distribute, transmit and /or disclose information, Content and / or other material onto Our Website and the phrases “Posted” and “Posting” shall be interpreted accordingly.
“App” means an iOS or Android application used to enhance the game experience of TAKTIK TENNIS™
“Services” software, subscriptions and websites (collectively with the Products and the App.
In this agreement unless the context otherwise requires:
2.1 a reference to a person is a reference to one or more individuals whether or not formally in partnership or to a corporation, government body or other association or organisation.
2.2 these terms and conditions apply to all supplies of Products and Services by us to any customer. They prevail over any terms proposed by you.
2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4 except where stated otherwise any obligation of any person arising from this agreement may be performed by any other person.
2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8 in any indemnity a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party, such cost calculated $200 per hour.
2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Products and Services and so far as the context allows, to you as a visitor to Our Website.
2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
3. Changes to these terms
3.1 Please be aware that we may change these Terms and Conditions in the future. We may modify these Terms at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on Our Website or notice board. Your continued use of our Products and Services following notification of changes or modifications will constitute your acceptance of such changes or modifications. Please check back from time to time to review our Terms of Service.
4. Use of products and services
4.1 Assumption of risk
If you use the Services including Products, or and TAKTIK TENNIS™ content (defined below), you do so solely at your own risk and you are agreeing that you have carefully read and agreed to these Terms. You further acknowledge and agree that you understand the safety hazards, risks, dangers and potential for injury associated with use of our Products and Services. You further acknowledge and agree that you will only use TAKTIK TENNIS™ Products and Services in accordance with their recommended uses, heed any warnings and safety precautions listed on our websites, App and /or instructions within the applicable user manual or accompanying product card, and will always exercise sound judgement when using the Products and Services.
4.2 By using the TATIK TENNIS™ Products and Services, including Products or any TAKTIK TENNIS™ content, or physically participating in the activities recommended by those Services, you agree to assume the risks associated with such activities. To the extent permitted by applicable law, you forever release, waive and discharge us, our subsidiaries, owners, agents, representatives and employees from any and all liability for loss or damage and for every claim or cause of actions of any kind including, but not limited to, bodily injury, death or property damage arising out of your use of Products and Services.
4.3 If you permit your minor child or legal ward (collectively your Child) to use the Product and App, you hereby agree to these Terms and Conditions on behalf of yourself and your Child and you understand and agree that you will be responsible for all uses of the product and App by your child whether or not such uses were authorised by you.
5. Our Contract with You
5.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
5.2 Each party acknowledges that in entering into this agreement he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
5.3 If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
5.4 Because we rely on our suppliers we do not guarantee that Products and Services advertised on Our Website are available. We may change these terms from time to time. The Terms that apply to you are those posted here on Our Website on the day you order Products and Services.
5.5 The price of Products and Services may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Products and Services.
5.6 If in future you buy Products and Services from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
5.7 We do not sell the Products and Services in all countries. We may refuse to deliver the Products and Services if you live in a country we do not serve.
6. Suspension and termination
TAKTIK TENNIS™ may immediately terminate or suspend your App account without notice if:
6.1 You provide false or inaccurate information.
6.2 You violate these Terms, or any other TAKTIK TENNIS™ rules or agreements then in effect.
6.3 You engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws).
6.4 If you engage in conduct that is threatening, abusive or harassing to TAKTIK TENNIS™ employees, agents or other TAKTIK TENNIS™ users, including, for example making threats to physically harm or damage property.
7. Payment and pricing
7.1 By placing an order for Products and Services or any other services you agree that:
7.2 Any credit information supplied by you is true and complete;
7.3 You will pay the applicable price listed as well as any applicable shipping and handling charges and taxes.
7.4 Products and services purchased by you are for personal or gift use and not for commercial use.
7.5 Prices listed are stated in USD, GBP or EUR and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you before you place an order. You are responsible for paying such charges and taxes.
7.6 You are responsible for purchasing Products and Services which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
7.7 You agree to indemnify and hold TAKTIK TENNIS™ harmless from and against any liabilities, interest, penalties or fees assessed against TAKTIK TENNIS™ arising from your failure to pay such charges or taxes. All products and Services prices are subject to change at any time.
7.8 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian dollars will be borne by you.
8. Account requirements
8.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Products and Services.
8.2 Our Products and Services are available for purchase via credit card by adults 18 years of age and older via our website. TAKTIK TENNIS™ also allows limited use of the APP by children under 13, but only with the consent and supervision of the child’s parent or guardian after a parent or guardian has set up an App account with the parent’s or guardian’s personal information- not the child’s.
8.4 You are responsible for all activity that occurs in association with your app account. TAKTIK TENNIS™ is not liable for any loss or damage caused by your failure to maintain the confidentiality of your account credentials. Please contact us if you discover or suspect any security breach related to the Services or your account.
8.5 You may only connect to the App using a Product that is manufactured, distributed, or sold by TAKTIK TENNIS™ itself or through its authorised resellers or agents. You may not connect to the App with:
8.5.1 Any product or device that is not manufactured, distributed or sold by TAKTIK TENNIS™ itself or through its authorised resellers or agents (such as a knock off or counterfeit version of our products);
8.5.2 Any product or device that otherwise intends to resemble or purports to be a TAKTIK TENNIS™ Product;
8.5.3 Any unauthorised application or third-party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the Services.
8.6 Full use of the Services is dependent upon your use of a mobile device and in some cases, Internet access. The maintenance and security of such equipment may influence the performance of the Services and it is your responsibility to ensure the equipment’s functionality. You are responsible for all cellular, data and internet access charges. Please check with your mobile phone carrier and Internet provider for information on possible data usage charges.
9 Sharing your content on our services
9.1 TAKTIK TENNIS™ may enable you to post, upload, store, share, send or display photos, images, video, data, text, music, training regimens, comments and other information and content (“Your Content”) to and via the Services. You retain all rights to Your Content that you post to the services. By making Your Content available on or through the Services you hereby grant TAKTIK TENNIS™ a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, public perform, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section are only for the limited purposes of offering and improving the Services.
9.2 You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in the Terms.
9.3 You represent, warrant and agree that Your Content, the use and provision of Your Content on the Services and your use of the Services will not:
9.3.1 Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
9.3.2 Violate or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
9.3.3 Be fraudulent, false, misleading, or deceptive;
9.3.4 Be defamatory, obscene, pornographic, vulgar or offensive;
9.3.5 Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
9.3.6 Be violent ,or threatening or promote violence or actions that are threatening to any person or entity;
9.3.7 Promote illegal or harmful activities or substances.
9.4 You further represent, warrant and agree not to
9.4.1 Upload any content that contains software viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
9.4.2 Use or attempt to use another user’s account without authorisation, or impersonate any person or entity;
9.4.3 Harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications;
9.4.4 Post, advertise or promote products or services commercially or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake or that furthers or promotes criminal activity;
9.4.5 Use the Services in any manner that in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services or which may expose us or our users to any harm or liability of any type.
9.4.6 TAKTIK TENNIS™ may in its sole discretion, alter, remove, or refuse to display any of your Content, and may forbid you from posting, uploading, storing, sharing, sending or displaying Your Content to and via the services.
You agree to indemnify us against all costs, claims and expenses arising directly or indirectly from:
10.1 Your failure to comply with the law of any country.
10.2 Your breach of this agreement.
10.3 Any act, neglect or default by any agent, employee, licensee or customers of yours.
10.4 A contractual claim arising from your use of the Product and Services.
10.5 A breach of the intellectual property rights of any person.
11. Intellectual Property
11.1 We will defend the intellectual property rights in connection with our Products, Services and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data and software).
11.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content in whole or in part.
11.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
11.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.
12. Security of your credit card
We take care to make Our Website safe for you to use.
12.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
12.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.
13. Restrictions on what you may Post to Our Website
TAKTIK TENNIS™ may enable you to post, upload, store, share, send or display photos, images
Video, data, text, music, comments and other information and content (Your Content) toand via the services.
You represent, warrant and agree that you will not use or allow anyone else to use Our Website to Post Content which may:
13.1 Be malicious or defamatory.
13.2 Consist in commercial audio, video or music files.
13.3 Be illegal, obscene, offensive, threatening or violent.
13.4 Be sexually explicit or pornographic.
13.5 Be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age, or affiliation with any person.
13.6 Give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business.
13.7 Solicit passwords or personal information from anyone.
13.8 Be used to sell any goods or services or for any other commercial use.
13.9 Include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate.
13.10 Link to any of the material specified above, in this paragraph.
13.11 Send age-inappropriate communications or Content to anyone under the age of 18.
13.12 Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
13.13 Upload any content that contains software viruses or is designed to interrupt, destroy or limit the functionality of any equipment or services, or that contains other harmful, disruptive or destructive files or content.
13.14 TAKTIK TENNIS™ may in its sole discretion, alter, remove, or refuse to display any of your Content and may forbid you from posting, uploading, storing, sending or displaying Your Content to and via the Services.
14. Your Posting: restricted content
In connection with the restrictions set out above, a Posting must not contain:
14.1 hyperlinks, other than those specifically authorised by us.
14.2 keywords or words repeated, which are irrelevant to the Content Posted.
14.3 the name, logo or trademark of any organisation other than yours.
14.4 inaccurate, false or misleading information.
15. How we handle your Content
15.2 If you Post Content to any public area of Our Website it becomes available in the Public domain. We have no control over who sees it or what anyone does with it.
15.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
15.4 We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
15.5 We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
15.6 You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
15.7 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
15.8 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
15.9 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
15.10 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
15.11 Please notify us of any security breach or unauthorised use of your account.
16. Removal of offensive Content
16.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
16.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
16.3 If you are offended by any Content, the following procedure applies:
16.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
16.3.2 We shall remove the offending Content as soon as we are reasonably able.
16.3.3 After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
16.4 We may re-instate the Content about which you have complained or not.
16.5 In respect of any complaint made by you or any other person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
16.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
17. Security of Our Website
If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
17.1 Modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
17.2 Link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser.
17.3 Download any part of Our Website, without our express written consent.
17.4 Collect or use any product listings, descriptions, or prices.
17.5 Collect or use any information obtained from or about Our Website or the Content except as intended by this agreement.
17.6 Aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for you to use Our Website.
17.7 Share with a third party any login credentials to Our Website.
17.8 Despite the above terms, we now grant licence to you to:
17.8.1 Create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
17.8.2 You may copy the text of any page for your personal use in connection with the purpose of Our Website.
18. Miscellaneous matters
18.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
18.2 Where we provide Products and Services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Products and Services for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those Products or that Service.
18.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed and reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
18.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
18.6 Any communication to be served on either party by the other shall be delivered by hand or sent by express post or by e-mail.
18.6.1 It shall be deemed to have been delivered:
18.6.2 If delivered by hand: on the day of delivery;
18.6.3 If sent by post to the correct address: within 72 hours of posting;
18.6.4 If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
18.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
18.8 So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
18.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
18.10 In The event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
18.11 The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria and you agree that any dispute arising from it shall be litigated only in that State.
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