PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING THIS APP
Your use of this app (together with any of our websites, products, APIs, documentation, data feeds, and software related to it) (the App) and any text, images, videos, services or other content provided to you through the App (the Content) is governed by these terms and conditions (Terms). By downloading or using the App, you agree to these Terms which will bind you.
THE DEUCE APP
The App is owned and operated by Deuce Tennis Limited (Deuce or We), a company incorporated in England and Wales, company number 08491830, with registered address at 4 Rawmec Business Park, Plumpton Road, Hoddesdon, Herts, England EN11 0EE.
You can find further details about us on the App and contact us using the Chat functionality or at firstname.lastname@example.org. .
By downloading or using the App, you accept these Terms in full.
If you do not wish to be bound by the Terms you should not access or use the App.
If you download the App, your use of the App is also subject to any rules or policies applied by any appstore provider or operator from whose site (Appstore) you downloaded the App (Appstore Rules). You must comply with any Appstore Rules.
We may make minor modifications to the Terms from time to time without individual notice to you. You will be deemed to have accepted any modifications if you continue to use the App after the modified Terms have been posted. Non-minor modifications will be notified to you.
You are assumed to have obtained permission from the owners of the mobile telephone or handheld devices on which the App is downloaded (Devices) in accordance with these Terms if they are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices.
You may be subject to and are responsible for any and all mobile network charges which arise due to your access and use of the App.
Deuce is not intended for use by persons under the age of 18. When signing up for the App we will verify the users age, to assess if you are over or under 18.
If you are under 18, please do not create a Deuce account. If you are under 18 and attempt to circumvent our policy, or assist another person in such endeavours, we will thoroughly investigate any such matters, and if required report the matter to the relevant regulator.
YOUR USE OF THE APP AND RESTRICTIONS
You may download, stream or access via your web browser a copy of the App onto your Devices and view, use and display the App and the Content on the Devices for your personal purposes only. Commercial use is prohibited
Except as expressly set out in these Terms or as permitted by any local law, you agree:
Not to copy the App or the Content except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
Not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or the Content;
Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or the Content or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program; and
Not to provide or otherwise make available the App or the Content in whole or in part (including object and source code), in any form to any person without prior written consent from us.
What does this mean? You can view and use the App and its content for personal use in the ways in which the standard App interface allows you to. You are not allowed to modify it, copy it or pass it on to anyone else.
We may automatically check your version of the App, which is necessary to provide the Content, and automatically download and install software updates to update, enhance and further develop the App. If you have downloaded the App from an Appstore, from time to time updates to the App and the Content may be issued through the Appstore or we may otherwise modify the App and the Content. Depending on the update or modification, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms. If you are not happy with any change in functionality following an update or modification, you have the right to cancel at the end of your current billing cycle as set out in paragraph 13. During the period of making any update or modification, we may suspend your access to the App for a reasonable period of time.
Wherever you are asked to provide information in connection with the App, you agree to provide true, accurate, current and complete details. You are not obliged to provide Deuce with any optional information requested.
You are responsible for keeping your password for your App account safe. We recommend you use “strong” passwords to protect your account from unauthorised use. Recommendations on how to create a “strong” password can be found by visiting the NIST guidelines: https://www.nist.gov/blogs/taking-measure/easy-ways-build-better-pw0rd
In using the App, you agree to comply with our acceptable use policies in force from time to time, and in any event agree not to:
impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (e.g. names/addresses) without their prior consent;
publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
damage, interfere with or disrupt access to the App or the Content or do anything which might impair its functionality;
use the App in any way to send unsolicited (commercial or otherwise) e-mail or any material for marketing or publicity purposes, or any similar abuse of either;
make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, trojan horses, worms, or any other harmful software;
obtain or attempt to obtain unauthorised access, through whatever means, to the App or the Content; or
use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
OWNERSHIP AND RIGHTS
We and our licensors own the App and the Content (excluding Your Content) and the technology relating to the App. Rights to use the App and access the Content are licensed (not sold) to you, and you have no rights in, or to, the App and the Content (excluding Your Content) other than the right to use and access it in accordance with these Terms.
The rights in the Content you post or make available on the App (Your Content) remains with you. By posting or otherwise making available Your Content, you grant:
to Deuce, a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, adapt, modify, transmit, publish, and otherwise share Your Content via any method or medium; and
to other users of the App, a worldwide, non-exclusive, royalty-free licence to view Your Content through the App, and to use, copy, reproduce, adapt, modify, transmit, publish, and otherwise share Your Content via any method or medium to the extent permitted by these Terms.
Please note that any photographs or footage we take of you participating in activities made available via the App is owned by us and is not Your Content. You specifically consent to Deuce taking such photographs or footage and using them as Content for the purposes of operating and promoting the App and its services.
What does this mean? You own the comments or content you post or make available on the app (including profile pictures) but we can use them and make them available to others and so can other users.
OUR USE OF YOUR PERSONAL DETAILS AND MONITORING
Deuce reserves the right to monitor and track your visits to the App and will monitor Your Content to ensure you comply with these Terms.
You should only post or make available Content that you are comfortable sharing with others in accordance with these Terms.
Content is the responsibility of the person who originally posted it or made it available on the App. We are not responsible for Your Content, and any use of or reliance on any Content posted or made available by other users is at your own risk.
You represent and warrant that you have and will continue to have all necessary rights which are required for you to post or make available Your Content on the App and for Deuce to use Your Content for the purpose of the provision of its services in the manner contemplated by these Terms.
To the extent required by law, you agree that Your Content will not contain any third party copyright content, or content that is subject to other third party rights (including rights of confidence or privacy), unless you have a formal licence from the applicable rights holder.
What does this mean? You must either have created content yourself or you must have the permission of the person who created it to post it on the App.
We do not endorse or support any opinions expressed on the App or in the Content, nor do we guarantee the reliability, truthfulness, or accuracy of any Content. Although we take steps to monitor the Content from time to time you may be exposed to Content which is, for example, offensive, inaccurate or misleading.
We reserve the right at all times to remove Your Content from the App, if in our sole discretion, we consider that you are abusing the App or are otherwise acting in breach of these Terms.
PREMIUM SERVICE / FREE TRIALS
Where you pay to use the App or access the Content, you access the Premium Service.
Use of the Premium Service will incur a fee as set by us from time to time. We may change the fee on 30 days notice to you.
The Premium Service fee together with any applicable taxes is payable by you on a monthly basis in advance. It will be charged on the day of each month which corresponds to the date on which you started your membership.
The Premium Service fee will be charged automatically through the payment method provided by you at the time of signing up to, accessing or downloading the App (as may be modified by you from time to time). You authorise us to continue charging the Premium Service fee to this payment method until you have cancelled in accordance with these Terms. If your payment method fails, you remain responsible for uncollected amounts which we may invoice to you separately.
The issuer of your chosen payment method may charge certain fees, such as foreign transaction or processing fees. It is your responsibility to check whether these fees apply and any applicable fees will not reduce the Premium Service fee payable to us.
We may offer free trials from time to time. If you sign up to a free trial, we will make it clear to you at the time of doing so the length of the trial and whether the trial will roll automatically into the Premium Service at the conclusion of the trial if you do not cancel. In that case, the Premium Service fee will be payable as set out above.
The App facilitates interactions between you and other users, both virtual and physical. We are not directly involved in those interactions, other than as a facilitator. You must therefore take responsibility for those dealings and use your judgment and common sense. We do not assume responsibility for the outcome of any interactions with other users.
Should you have any concerns about other users or service providers following any interaction, please report it to us immediately using email@example.com.We will endeavour to take appropriate action to investigate any concern.
IF THERE IS A PROBLEM WITH THE APP / OUR RESPONSIBILITY TO YOU
If you have any questions or complaints about the App or Content, please contact us using firstname.lastname@example.org.
You have different rights depending on whether you use the Premium Service or access the App for free.
Where you access it for free:
you do so at your own risk and we do not take any responsibility for loss or damage suffered by you, save as set out in paragraph 10.5.5;
if you are dissatisfied with any portion of the App or the Content, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App; and
Deuce makes no representations or warranties of any kind about the suitability, reliability, compatibility, timeliness, and accuracy of the App or the Content for any purpose. Deuce expressly disclaims all warranties and conditions with regard to the App or the Content, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.
What does this mean? The service is provided “as-is”. You use it at your own risk.
Where you use the Premium Service:
Deuce makes no representations or warranties of any kind about the suitability, reliability, compatibility, timeliness, and accuracy of the App or the Content for any purpose. Deuce expressly disclaims all warranties and conditions with regard to the App or the Content, save for those which cannot be excluded by law (for example, as to satisfactory quality under the Consumer Rights Act);
We are responsible to you for foreseeable loss and damage caused by us. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process; and.
Your rights are as follows:
Summary of your key legal rights
|This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.|
|The App itself – only where you use the Premium Service (rights do not apply for non-paying users of the App) The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If it is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, and the fault is sufficiently serious that it means the digital content provided is not as described, fit for purpose or of satisfactory quality, you can get some or all of your money back. Our policy is that we will refund you any fees paid for the period in which it has been faulty. If you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation. Our policy is that we will fix the fault or compensate you up to the amount set out in paragraph 10.5.3, but we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.|
|Services provided by us through the App (where you use the Premium Service only) – other than third party services (see paragraph 12) The Consumer Rights Act 2015 says: You can ask us to repeat a service if it is not carried out with reasonable care and skill. If it cannot be repeated, you are entitled to some money back. Our policy is that we will refund you the monthly subscription fee paid for the month in which the defective service was provided, less a reasonable proportion to reflect the services you have received with reasonable care and skill in that month. For example: if you receive two training sessions in a month, one of which is provided with reasonable care and skill, one of which is not, we would refund half your monthly subscription fee for that month. If you receive only one training session in a month and that session is not provided with reasonable care and skill, we will refund your monthly subscription fee in full for that month.|
|You also have cancellation rights as set out in paragraph 13.|
In all cases (whether you use the Premium Service or not):
we are not responsible for any loss or damage that is not foreseeable;
we are not liable for business losses. We only supply the App for domestic and private use. If you use the App for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity;
our maximum aggregate liability in connection with the provision of the App and the Content whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to the greater of one hundred pounds sterling (£100) and the amount you have paid directly to Deuce for your use of the App;
you acknowledge that Deuce is not providing medical advice via the App. Should you have a pre-existing medical condition you should consult with a medical professional before engaging in any physical activity.
any physical activities in which you engage as a result of your use of the App are carried out at your own risk. There is an inherent risk of personal injury or even death arising from those physical activities and you expressly acknowledge that (subject to paragraph 10.5.6 Deuce shall not be liable for anything that happens to you or any other loss or damage suffered as a result of such activities; and
Deuce does not disclaim liability for death or injury caused by its own negligence, or for any other liability which cannot be excluded by law.
YOUR PHYSICAL WELL-BEING
Please use your own judgement as to whether you are in sufficient health to participate in any activities provided via the App. We rely on your good sense. In particular, you must disclose to us any medical conditions or injuries which may affect your ability to participate in any activities or put you at risk. We may take any action we consider appropriate based on this information, including limiting or prohibiting your use of the App or its services.
We also draw your attention to paragraph 10.5.5 above about the risk and responsibility for anything that happens to you.
SECURITY, VIRUS PROTECTION AND COMPATIBILITY
While reasonable precautions have been taken to detect computer viruses and ensure security, Deuce** **cannot guarantee absolutely that the App is virus-free and secure from third party “hackers”.
We decide the system and Device requirements for the App and Content to function. These requirements will be accessible on the App or our website for you to review before you decide whether to subscribe for the Premium Service. This means that we cannot guarantee compatibility with your systems or Devices and if there is no compatibility or limited functionality you should not subscribe to the Premium Service (or cancel it if you are already a subscriber and we change the system or Device requirements).
THIRD PARTY SITES AND PRODUCTS/SERVICES
The App and the Content may contain advertisements. Deuce** **is not responsible for and does not endorse the content of such advertisements, and does not accept any responsibility for any errors or inaccuracies in such advertising material. The types and extent of advertising on the App and in the Content are subject to change.
The App contains links to web sites operated by parties other than Deuce (Third Party Sites) and promotions of third party products or services. These links and promotions are provided for your convenience and interest. It is entirely your decision whether to pursue them. When you use a link to a Third Party Site, you will leave the App. Where you purchase third party products or services, you do so on the terms of the provider, not us. Deuce** **has no control over, and will accept no responsibility for or liability in respect of, material on any Third Party Site or products or services provided by a third party.
The inclusion of links to Third Party Sites or promotions of third party products or services does not imply any endorsement of the material on them or any association with their operators.
You remain responsible for any links to Third Party Sites embedded in or referred to in Your Content, and shall only include any such links in compliance with these Terms. You must obtain our permission before doing so if you stand to make any commercial gain from providing the link.
What does this mean? We may advertise third party websites and products/services on the App. We are not responsible for them and your rights are with the provider.
CANCELLATION BY YOU
If you have signed up for the Premium Service, you may cancel by visiting your [“Account”] page [INSERT PROCESS] or by contacting us through the details set out on the [Contact Us] page. If you signed up through the Appstore, you should cancel by downgrading through the relevant store.
Cancellation of the Premium Service means that you will remain a free member of the App with the associated level of access and use available from time to time (if any). Cancellation takes effect from the end of your current billing cycle.
You have the right to cancel the Premium Service and receive a full refund within 14 days of signing up to it, unless you have already received services through the App or have made use of the functionality provided by the App (for example, accessing or posting Content) in which case you should cancel through the process described in paragraph 13.1.
If you use a free version of the App, you can end your use of it and your contract with us at any time by uninstalling the App.
In addition to the above, you may be entitled to cancel your use of the App and receive a refund for payment for the Premium Services where we are in breach of these Terms or the App or Content is not provided in accordance with your consumer rights. Please get in touch using email@example.com in this situation.
TERMINATION BY US
We may restrict, suspend or terminate your access to the App:
immediately for any reason, where you do not use the Premium Service; or
where you use the Premium Service, at the end of your current billing cycle or immediately if (a) there is a regulatory or statutory change limiting the ability to provide access to the App or the Content or (b) Deuce considers in its sole discretion that you are abusing the App or are otherwise acting in breach of these Terms (including not making required payments).
On termination for any reason, all rights granted to you under these Terms shall cease.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms:
our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavours to find a solution by which our obligations under the Terms may be performed despite the Event Outside Our Control.
We may transfer our rights and obligations under these Terms to another person or entity. You are not entitled to transfer your rights or obligations.
A failure or delay by Deuce in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.
None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms constitute the entire agreement between you and Deuce as to your use of the App and access to the Content and shall supersede any prior agreement or representation in respect thereof.
Any and all notices to be given by either one of us to the other pursuant to or in connection with these Terms shall be deemed sufficiently given when forwarded by e-mail in each case addressed to you at the e-mail address you have given us or to us at the e-mail address or facsimile number displayed on the App.
English law governs these Terms. If there is a dispute between you and us, you have the choice to bring proceedings in the English courts or submit the dispute for online resolution to the European Commission Online Dispute Resolution Platform https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage