terms and conditions.

Subscriptions

  1. Subscription bookings are a minimum of 4 weeks if start date is during the school term and minimum of 8 weeks if start date is during the school holiday.

  2. To cancel a subscription, a minimum 14 days notice is required in writing to daniel@jonescotennis.com for subscription membership cancellation or fees may apply

  3. The student (or student’s parent) is responsible for booking and managing classes via the online booking system. They can reschedule and amend bookings via an online account or the link in the confirmation email.

  4. Accounts can be placed on hold or pushed back if a student will be away for an extended period (+2 weeks). You must inform Jones Co Tennis via email at hello@jonescotennis.com to arrange with 2 weeks notice.

  5. Membership terms and conditions are subject to change upon the discretion of Jones Co. Tennis

Casual & Term Bookings

  1. The student (or student’s parent) is responsible for booking and managing classes via the online booking system. They can reschedule and amend bookings via an online account or the link in the confirmation email.

  2. If a student is unable to attend a class for any reason, they are able to reschedule via the website to another class during the term. It is the responsibility of the student to find a suitable make up class. 

  3. If the class is canceled by the coach (including for wet weather or illness), a credit will be issued.

  4. Credits are to be used during the school term they are issued and it is on the credit holder to find a suitable make up class.

  5. It is the responsibility of the student to book in for a makeup class. The booking can be for any class at the students' age level, on any scheduled day, at any of our locations

  6. If a student needs to cancel the remaining term bookings due to unforeseen circumstances, you must inform Jones Co Tennis via email at hello@jonescotennis.com at your earliest convenience. A credit or refund can be issued at the discretion of Jones Co Tennis

  7. If payment is not received prior to the class, Jones Co Tennis reserves the right to cancel your future bookings

1. Terms and Conditions

1.1. These terms and conditions (‘Terms’) provide you with an opportunity to purchase various products and services ('Products') that have been offered for sale by Jones Co. Tennis (‘JCT’) either directly or via www.jonescotennis.com (‘Website’).

1.2. Please read these Terms carefully. By purchasing the Products and/or using, browsing and/or reading the Website, this 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.

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

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

1.5. JCT reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JCT 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 JCT and/or access the Website, we recommend you keep a copy of the Terms for your records.

1.6. 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.

1.7. If Additional Terms apply, they will:

(a) be made available to you at or prior to you agreeing to purchase Products, typically via the Website;

(b) be incorporated into and form part of these Terms; and

(c) prevail over these Terms only to the extent of any inconsistency.

2. Use of the Website and Purchase Services

2.1. 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) an email address

(b) a mailing address

(c) a telephone number

(d) a password

(e) financial payment information

(f) name

(g) date of birth

2.2. You warrant that any information you give to JCT in the course of completing the registration process will always be accurate, correct and up to date.

2.3. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with JCT; or

(b) 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.

3. Your obligations as a User

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

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

(i) the Terms;

(Ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) 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;

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

(d) 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 JCT providing the Purchase Services;

(e) 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;

(f) 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 JCT for any illegal or unauthorised use of the Website; and

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

4. Purchase of Products and Returns Policy

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

4.2. The Purchase Price is GST inclusive unless otherwise stated.

4.3. The Purchase Price must be paid in advance of any Products or Purchase Services being supplied to you, unless JCT agree otherwise in writing.

4.4. Payment of the Purchase Price must be made directly to JCT or, if available, may be made via the Website.

4.5. Following payment of the Purchase Price being confirmed by JCT, you will be issued with a receipt to confirm that the payment has been received and JCT may record your purchase details for future use.

4.6. The Client shall be liable for all reasonable costs incurred in the collection of invoices that are 90 days or more overdue

5. Specific Product Provisions

5.1. 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 JCT to you, including without limitation, tennis lessons, yoga classes and meditation sessions (‘Physical Services’).

(a) When you agree to these Terms and each time you obtain or use Physical Services, you warrant to JCT 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 JCT all relevant personal, health and fitness information both before and during your use of Physical Services as JCT’s reasonably require. Information you provide may require that you obtain medical guidance before JCT 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.

(b) Physical Services may be subject to rules, policies, guidelines or codes of conduct introduced, implemented and/or varied by JCT from time to time (‘Physical Service Rules’). JCT 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.

(c) 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.

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

(i) cancel the supply of Physical Services;

(ii) prohibit you from acquiring further Physical Services; and/or

(iii) take any other action JCT considers necessary.

(e) Physical Services may be supplied to you by employees of JCT 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.

(f) Any Physical Services provided to you by JCT, 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.

(g) You release and indemnify JCT 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.

6. General Disclaimer

6.1. Use of the Website, the Purchase Services, and any of the Products of JCT is at your own risk. Everything on Website, the Purchase Services, and the Products of JCT, 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 JCT make any express or implied representation or warranty about its Content or any Products or Purchase Services (including the Products or Purchase Services of JCT). This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) 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;

(b) 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);

(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

6.2. The provisions of clause 6.1 apply only to the maximum extent permitted by law.

7. Warranties

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

7.2. Subject to the terms of JCT’s Risk Waiver, JCT 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.

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

(a) we do not warrant or represent the suitability of the Website or a Product for any purpose; and

(b) 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.

(c) 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.

8. Limitation of Liability

8.1. To the extent permitted by law, JCT’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 JCT is the resupply of information, Products or Purchase Services to you.

8.2. You expressly understand and agree that JCT, 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.

8.3. JCT 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 JCT, by third parties or by any of the Purchase Services offered by JCT.

9. Termination

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

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

(a) notifying JCT at any time; and

(b) closing your accounts for all of the Purchase Services which you use, where JCT has made this option available to you.

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

9.3. JCT may at any time, terminate the Terms with you if:

(a) it provides notice in writing to you;

(b) you have breached any provision of the Terms or intend to breach any provision or suffer an Insolvency Event;

(c) JCT is required to do so by law;

(d) JCT 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

(e) the provision of the Purchase Services to you by JCT is, in the opinion of JCT, no longer commercially viable.

9.4. Subject to local applicable laws, JCT 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 JCT’s name or reputation or violates the rights of those of another party.

9.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you and JCT 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 JCT on demand any amounts owing to it under these Terms or otherwise, including in respect of Products that you have ordered from JCT despite whether or not they have been supplied.

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

(a) in relation to a natural person:

(i) that person being unable to pay his or her debts as and when they fall due;

(ii) an application and filing for bankruptcy being made in respect of that person; or

(iii) 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

(b) in relation to a body corporate:

(i) that body corporate being unable to pay its debts as and when they fall due;

(ii) a receiver, receiver and manager, administrator or liquidator being appointed over that body corporate’s assets or undertakings or any of them;

(iii) 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;

(iv) 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

(v) 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.

10. Indemnity and Compliance with Laws

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

(a) 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;

(b) 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

(c) any breach of the Terms.

10.2. 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 JCT 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 JCT, and/or participation in any JCT activity or event.

10.3. 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 JCT harmless in respect of loss or damage it suffers which is in any way connected to your breach of this clause 10.3.

11. Copyright and Intellectual Property

11.1. The Website, the Products, the Purchase Services and all of the related products of JCT 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 JCT or its contributors.

11.2. JCT 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:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of JCT; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) 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

(d) any other Intellectual Property Right owned by JCT.

11.3. You may not, without the prior written permission of JCT 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.

11.4. 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.

12. Privacy

JCT takes your privacy seriously and any personal information provided to JCT is subject to JCT’s Privacy Policy, which is available on the Website.

13. Assignment

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

14. Entire Agreement

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

15. 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.

16. 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.

17. Survival of indemnities

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

18. Force Majeure

18.1. JCT 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. JCT’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.

18.2. 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.

19. 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.

20. Cancellations

20.1 Private classes may be cancelled by the student with 24 hours notice to the booking. 

20.2 Private classes cancelled with 24 hours notice will receive a credit from JCT to use for a future booking with JCT or a refund if requested. 

20.3 Private classes cancelled without 24 hours notice will not be guaranteed a credit or refund due to our cancellation (subject clause 20.2). 

20.4 Hot shot classes are based on an 8 week term with a capped class and therefore classes missed by students will not be refunded, credited or ‘made up’. When we are able to provide more classes there will be an option to do a make-up class during these other classes depending on availability.

20.5 A refund or credit can be issued for the remainder of the classes missed as long as the coach is given 24 hours notice before the students next class. We will then open up the spot to the public and provide a refund or credit to the client for the amount equaling the remaining classes.