The mobile application (the “App”) is made available by Racketware, a company limited by guarantee and registered in England and Wales with number 06889192 and with registered address Fieldview House, Chinnor Road, Towersey, Thame, Oxon, OX93QY (“Racketware”, “us”, “we” or “our”).
App and Related Terms
Depending on the version of the App you have downloaded, these App Terms incorporate Apple’s or Google Android’s terms and conditions and privacy policies (“Platform Terms”). If there is any conflict between these App Terms and the Platform Terms then these App Terms will prevail.
We may from time to time vary these App Terms. Please check these App Terms regularly to ensure you are aware of any variations made by us. If you continue to use this App, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the App.
Use of the App
Racketware hereby grants you a non-exclusive, non-transferable, revocable licence to use the App for your personal, non-commercial use and only on an Apple or Android device (“Device”) as permitted by the applicable Platform Terms and in accordance with these App Terms (“User Licence”). All other rights in the App are reserved by Racketware.
In the event of your breach of these App Terms we will be entitled to terminate the User Licence immediately.
You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App. You acknowledge that you may be charged by the Mobile Provider for data services while using certain features of the App or any such third party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the Device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.
The Racketware name and logo, and other Racketware trademarks, service marks, graphics and logos used in connection with the App are trademarks of Racketware (collectively “Racketware Trademarks”). Other trademarks, service marks, graphics and logos used in connection with the App are the trademarks of their respective owners (collectively “Third Party Trademarks”). The Racketware Trademarks and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Racketware or the applicable trademark holder. The App and the content featured in the App are protected by copyright, trademark, patent and other intellectual property and proprietary rights which are reserved to Racketware and its licensors.
You may not undertake any of the following actions:
- make and distribute copies of the App
- attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the App, including all algorithms and data present in the App
- create derivative works of the App of any kind whatsoever
- violate the security of the App through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You agree not to use the App in any way that:
- is unlawful, illegal or unauthorised;
- is defamatory of any other person;
- is obscene or offensive;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any copyright, database right or trade mark of any other person;
- is likely to harass, upset, embarrass, alarm or annoy any other person;
- is likely to disrupt our service in any way; or
- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You agree to indemnify Racketware for any breach of these App Terms. Racketware reserves the right to control the defence and settlement of any third party claim for which you indemnify Racketware under these App Terms and you will assist us in exercising such rights.
Racketware provides the App on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Racketware does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. All data provided by the app is produced on a best-effort basis and such this data, and other content on the App, may be of limited accuracy and Racketware makes no commitment to improve it. You accept that your specific on court behaviour may be such that the accuracy of the data obtained is limited.
To the fullest extent permitted by applicable law, Racketware hereby excludes all promises, whether express or implied, including any promises that the App is fit for purpose, of satisfactory quality, non-infringing, is free of defects, is able to operate on an uninterrupted basis, that the use of the App by you is in compliance with laws or that any information that you transmit in connection with this App will be successfully, accurately or securely transmitted.
Reliance on Information
The App is intended to provide general information only and, as such, should not be considered as a substitute for personal coaching. You should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in the App.
Exclusion of Racketware’s Liability
Nothing in these App Terms shall exclude or in any way limit Racketware’s liability for death or personal injury caused by its negligence or for fraud or any other liability to the extent the same may not be excluded or limited as a matter of law.
To the fullest extent permitted under applicable law, in no event shall Racketware be liable to you with respect to use of the App and/or be liable to you for any direct, indirect, special or consequential damages including, without limitation, damages for loss of goodwill, lost profits, or loss, theft or corruption of your information, the inability to use the App, Device failure or malfunction.
Racketware shall not be liable even if it has been advised of the possibility of such damages, including without limitation damages caused by error, omission, interruption, defect, failure of performance, unauthorised use, delay in operation or transmission, line failure, computer virus, worm, Trojan horse or other harm.
In the event that applicable law does not allow the exclusion of certain promises and/or the exclusion of liability for direct, indirect, consequential or other damages, in no event shall Racketware’s liability arising under or in connection with these App Terms and your use of the App exceed £30.
These App Terms shall be governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the courts of England and Wales to resolve any dispute between them arising under or in connection with these App Terms.
If any provision (or part of a provision) of these App Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
If you have any questions regarding our App, you can email us at email@example.com.