Terms & Conditions
The Tennis Wall Subscription Terms and Conditions for The Tennis Wall, (TTW) Learning System
1.1 These are the terms and conditions on which you may access and use the digital product(s) you have subscribed to on the TTW.com website or via TTW’s other digital resources and the related digital content and/or services (including interactive features) we make available as part of such digital product(s) (we to refer these collectively as “TTW Materials”). These terms and conditions apply regardless of the device and delivery platform you use to access the TTW Materials. By subscribing to and accessing TTW Materials, you agree to these terms and conditions as made available in the English language. If you do not agree with these terms and conditions (or any updated version of them due to take effect after you have subscribed) you should not access or use TTW Materials and, if your subscription has already started, then you should cancel it in accordance with your cancellation rights set out below in section 2.7.
1.2 References in these terms and conditions to “TTW” (or “we”, “us” or “our”) are to The Tennis Wall (William Glaves 14510 Magic River Drive, Cypress, Texas 77429). If you need to contact us please email firstname.lastname@example.org in the first instance.
1.3 When subscribing to our digital product(s) you must provide us with accurate and complete information (including payment details and related contact and other information) and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us (and references in these terms and conditions to “you” and “your” shall be construed accordingly). All information received by us about or related to you as a result of, or connected with, your subscription or your access to and use of TTW Materials will be used by TTW in accordance with our Privacy and Cookies Policy.
1.4 We may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services, products or business. We will provide notice of any significant changes in accordance with section 5.6 and, accordingly, you should routinely check section 5.6 to see if any have been made. You agree that your continued access and use of TTW Materials will be subject to any updated terms and conditions from the date upon which they are due to take effect.
2. Your Subscription
2.1 Contract with TTW. By submitting your payment and other subscription details you are making an offer to TTW to buy a digital subscription and you are requesting and agreeing that we may start your subscription immediately upon our acceptance of it (which means that you are not then entitled to a refund if you change your mind after we have provided you with access to your subscription). Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription (by sending you a confirmation email to the address you have given us) and provide you with access to the relevant TTW Materials for your subscription. TTW reserves the right to reject any offer in its absolute discretion.
2.2 Payment details. When you are subscribing, you must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that you are entitled to purchase the subscription and to use such payment information and details in order to pay for it (and for us to take such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your geographical location. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorization subsequently expires or is cancelled, we may immediately cancel or suspend your access to TTW Materials.
2.3 Price. The price you pay for your monthly or annual subscription (and the currency in which you pay) will be stated on the relevant web page of the TTW.com website or other TTW online resource from which you begin the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making the relevant TTW Materials for your subscription available to you, you agree to pay the subscription payments notified to you at the time you purchase your subscription. We will notify you in advance of any increase in the price of your subscription and you may of course exercise your cancellation rights (see section 2.7 below) if you do not wish to pay the new price.
2.4 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription (in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription). If you do neither of these things then we shall be entitled to cancel or suspend your subscription.
2.5A Renewals: monthly subscriptions. If your subscription is monthly it will continue unless and until you provide us with not less than 14 days’ notice prior to the end of the current monthly period that you wish to cancel your subscription, in which case your subscription will expire at the end of that monthly period. We will notify you at least 28 days in advance of any change to the price of your monthly subscription that will apply upon your next monthly renewal.
2.6B Renewals: annual subscriptions. If your subscription is annual then it will not automatically renew. We will try to contact you (using the contact details stated in your user account) at least 28 days in advance of your then current subscription expiring to invite you to renew your subscription, and in that notice we will include the price for a subscription that will apply for the following year. If you do not renew your subscription it will expire at the end of your current subscription period and you will be deemed to have cancelled your subscription.
2.7A Cancellation: by you. Unless specifically provided for in any other provision of these terms and conditions, your subscription may only be cancelled by you with effect from the expiry of your then current subscription period, and you must do this in accordance with the part of section 2.6 that applies to your subscription. You may provide us with more notice than is required to cancel your subscription, but it will not take effect until the end of your current subscription period. You can cancel your subscription by contacting us at email@example.com stating that you wish to cancel your subscription and including in your email your name and subscription reference number(s).
2.8B Cancellation: by TTW. TTW reserves the right to suspend or cancel your subscription where this is expressly stated in these terms and conditions and otherwise: (a) with or without notice and without further obligation to you if you breach these terms and conditions; (b) where we are prevented from providing TTW Materials to you by circumstances beyond our control; and/or (c) where we cease to provide (or to be able to provide) TTW Materials to which you have subscribed (including where we cease publishing the relevant TTW Materials or no longer own such TTW Materials or have the right to make them available), or we cease to provide subscription services. Except where we terminate as a result of your breach of these terms and conditions we will, unless there are exceptional circumstances, refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
2.9 Your subscription is personal. Your subscription is personal to you and you may not share with, or give, license or transfer to, any other person any of your rights or entitlements under these terms and conditions (including to access and/or use TTW Materials under your user account using your password and/or user code). You agree to take responsibility for all access to and use of all TTW Materials that occurs under your user account and to prevent unauthorized use of it. Without further obligation to you, we may cancel or suspend your access to TTW Materials if you share your user account details. If you believe that your user account is being used by anyone else you should inform us immediately via firstname.lastname@example.org. We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using TTW Materials for your own personal use.
3. TTW Materials
3.1 We reserve the right to make changes to TTW Materials and to the way these are made available to you, including (but not limited to) for clinical or legal reasons or because they do not comply with our editorial or other requirements or standards or because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms.
3.2 For editorial reasons TTW Materials may contain links (either directly or through frames) that take you to a third party’s website. Links are provided for your convenience and do not imply endorsement or approval by us of any third party’s website or any of the content posted there (including user-generated content), or any goods or services that may be made available by any such third party. We have no control over the operation or content of such third party websites and accept no responsibility for the content of such third party websites nor for any loss or damage that may arise from you accessing or using them.
3.4 While TTW will (i) use reasonable skill and care in developing TTW Materials and in providing you with access to TTW Materials as part of your subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, TTW Materials are provided and made available to you via your subscription on an “as is” or “as available” basis. We do not make any promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all TTW Materials are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements.
4. Our Liability to You
4.1 TTW accepts no responsibility if you incur any loss or damage as a result of using TTW Materials outside the scope of these terms and conditions. Nor do we accept any responsibility in respect of any third party products or services that we refer or link to in any TTW Materials.
4.2 TTW will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and TTW’s total financial liability to you is limited to 75% of the price you have paid for your subscription.
4.3 TTW is not responsible for and is not liable to you if you suffer or incur any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to TTW Materials that are part of your subscription for a consecutive period of more than 7 days (if your subscription is a monthly one) or 28 days (if your subscription is an annual one) you may cancel your subscription and we will refund any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
4.4 TTW’s liability will not be limited or excluded in the case of death or personal injury directly caused by TTW’s negligence; nor is our liability otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited.
5.1 Transferring our rights and obligations. We may transfer our rights and obligations under these terms and conditions to another organization upon notice to you.
5.2 Severability. Each of the provisions set out in these terms and conditions operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).
5.3 No waiver. If either party fails to exercise any right or remedy under these terms and conditions then such failure does not amount to a waiver of that right or remedy.
5.4 Entire Agreement. These terms and conditions constitute the complete agreement between you and TTW relating to your use of TTW Materials made available to you as part of your subscription.
5.5 Changes to these terms and conditions. These terms and conditions were published on 30 March 2016.TTW Learning Digital Subscription Terms & Conditions v. 1.0 3/30/16