Please read these general terms and conditions ("Terms and Conditions") carefully as they affect your rights and liabilities under the law and set out the terms under which Virtual Tennis Coach Limited makes this website available and upon which it sells its products. Downloads from this website are also governed by the Download Terms Any reference to the singular includes the plural and vice versa.
1. Agreement to Terms and Conditions
1.1 This website and the service is owned and operated by Virtual Tennis Coach Limited. References to "we", "us" and "our" are references to Virtual Tennis Coach Limited, a company registered in England and Wales with company number 06453031 and whose registered office is at 16 Henke Court, Atlantic Wharf, Cardiff CF10 4EB.
1.2 Your use of this website is at all times subject to these Terms and Conditions and all applicable laws. By accessing our website you agree to these Terms and Conditions.
1.3 These Terms and Conditions are subject to change at any time. The terms and conditions applicable to your access to and use of this website will be the version that is current and displayed on this website as at each date you access the website. It is your responsibility to check the terms and conditions on each occasion that you access the website.
2. Website use
2.1 Subject to your agreement to these Terms and Conditions, you may view this website using your web browser and electronically copy and print hard copies of parts of this website for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of any material from this website (whether downloaded or not) is strictly prohibited. Certain content may be downloaded from this website and is subject to our Download Terms.
2.2 You agree not to upload, post, e-mail or otherwise sent or transmit any material that contains software viruses or any other computer codes, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website or use the website for any illegal or immoral purpose.
2.4 As with any online interaction and electronic communication, there is an inherent risk involved in transmitting and receiving information via the internet. We do not guarantee that the system is free from hackers or viruses, or that information provided by users to us will not be stolen or otherwise surreptitiously obtained. We are not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors or omissions arising out of your use of this website or with respect to any of the materials contained in this website.
2.5 Neither we nor any third party provider of content for the website warrants that the website or its content will be uninterrupted or error free, free from viruses or security breaches. The website content is not guaranteed to be accurate, timely or verified. The website and the website content are presented and distributed on an "as is" and "as available" basis.
3. Intellectual Property
3.1 All copyright in all materials (including software and content whether downloaded or not) contained on this website, or in any of the products sold on this website, is owned by us, our affiliates and/or licensors, unless indicated otherwise. You agree and acknowledge that you shall not acquire any copyright ownership rights by downloading or purchasing anything from this website. The material may not be used, except as provided for in these Terms and Conditions, without our prior written permission.
3.2 All trade or service marks whether registered or unregistered, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any license or right to use, alter or remove such material.
3.3 You agree that in respect of any information that you send or otherwise communicate via our website or by correspondence directly to us, you grant us a non-exclusive royalty-free license to display, use, reproduce or modify that information on any websites owned or operated by us and any other platform including on mobile phones or television. We may use such information, without compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to marketing, developing, improving or otherwise modifying our website or our business.
4. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
5.1 The prices payable for goods that you order are set out in our web site.
5.2 You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
6. Right for you to cancel your contract
6.1 You may cancel your contract with us for the goods you order at any time up to the end of the seventh working day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
6.2 You cannot cancel your contract if you have taken any audio or video recording or computer software out of the sealed package in which it was delivered to you.
6.3 To cancel your contract you must notify us in writing.
6.4 If you have received the goods before you cancel your contract then, unless under clause 6.2 you do not have a right to cancel, you must as soon as possible send the goods back to our contact address at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our address stated for returns at your own cost and risk as soon as possible.
6.5 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you no such credit to your account will be made by us. If you do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
7. Cancellation by us
7.1 We reserve the right to cancel the contract between us if:
7.1.1 we have insufficient stock to deliver the goods you have ordered;
7.1.2 we do not deliver to your area (being outside the UK);
7.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
7.2 If we cancel your contract we will notify you by e-mail and will credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Delivery of goods to you
8.1 We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
8.2 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order.
8.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, destruction or damage.
9.1 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days (excluding Saturdays, Sundays and public holidays in England and Wales) of the delivery of the goods in question.
9.2 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
9.2.1 to make good any shortage or non-delivery;
9.2.2 to replace or repair any goods that are damaged or defective; or
9.2.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
9.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 9.2.3 above.
9.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
9.5 We do not accept any responsibility or liability whatsoever for any loss or damage, injury or illness howsoever caused by the performance of any activity or exercise demonstrated or otherwise featured or explained in any material contained in this website or in any product purchased from this website.
9.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded or in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Disclaimer of warranties
10.1 This website and its contents are provided "as is" and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of discs, delivery of any content contained in the website, any costs, losses, expenses or damages arising from the use of the content provided on the website, or any conduct by users of the website. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
10.2 In no event shall we, our shareholders, directors, officers or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at 16 Henke Court, Atlantic Wharf, Cardiff CF10 4EB and all notices from us to you will be displayed on our web site from time to time.
12. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
15. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
16. Governing law
The contract between us shall be governed by and interpreted in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.
17. Entire agreement
Please read these product terms and conditions (the "Download Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which Virtual Tennis Coach Limited makes the download service (the "Service") available to you. These Download Terms apply to the Service in addition to the general Terms and Conditions. References to "we", "us" and "our" are references to Virtual Tennis Coach Limited. Any reference to the singular includes the plural and vice versa.
SMALL download file - suitable for viewing on ipod / iphone (MPEG-4 Video File)
LARGE download file - suitable for viewing on Mac / PC (Quick Time Movie)
|Get QuickTime FREE Download|
|Our movies play in QuickTime, download it here for free|
1. The Service
1.1 Digital video files (the "Downloads") will be made available for you to download once your payment has been authorised. There will be no contract of any kind between you and us unless and until you make payment for the Downloads. At any point before then, we may decline to supply the Downloads to you without giving any reason.
1.2 Please note that you are responsible for downloading the files and providing equipment to do so. You are also responsible for providing equipment and software to use the Downloads.
2.1 The video files which are offered for download are protected by national and international copyright law. The download of video files is permitted for your personal, non-commercial purposes only.
2.2 Your use of the Downloads is conditional upon your prior acceptance of these Download Terms.
2.3 You shall not be entitled to export, burn or copy the Downloads.
2.4 Except for your usage rights outlined above, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads are prohibited and will constitute an infringement of copyright.
3. Cancellation and Defective Downloads
Once you have paid for the Downloads, we make the Downloads available to you through the Service. You are not able to cancel any purchase of Downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are defective. If you are unable to complete the Download process or wish us to provide a replacement for a file that is defective please contact us by using the contact details below and, where this is due to our default, we will replace or refund the Download.
4. Material in the Downloads
You understand that some Downloads may include content that you may consider to be offensive or otherwise objectionable. Although we will attempt to make such content clear where possible, you agree that we shall have no liability to you for content within the Downloads that may be found to be offensive or otherwise objectionable.
5.1 The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you of the error before the item concerned is downloaded. All prices are expressed inclusive of any VAT payable unless otherwise stated but all other sales or other taxes applicable to any Download shall be chargeable in addition to the purchase price quoted for the Download.
5.2 You can pay by any MasterCard, Visa, Maestro, Solo or American Express credit card. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of the order. You will be charged for items at this time.
5.3 We accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Netscape. This means you cannot inadvertently place an order through an unsecured connection.
Our liability to you in connection with any order will not exceed the total price charged for the relevant Downloads.
7.1 These Download Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
7.2 If any of these Download Terms is held by any court to be invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Download Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
7.3 We reserve the right to modify, suspend or discontinue the Service (or any part of it) without notice to you and shall not be liable to you if we exercise such right. You acknowledge that you may no longer be able to replace the Downloads if we discontinue the Service and you agree that we shall have no liability to you in that event. Where commercially practicable, we will try to give you reasonable notice of any discontinuation of the Service.
8. Customer Services
8.1 If you have an order query, please e-mail us at: email@example.com
8.2 The Service is operated by Virtual Tennis Coach Limited (registered in England and Wales with company number 06453031), 16 Henke Court, Atlantic Wharf, Cardiff CF10 4EB.
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