Terms and Conditions

Welcome to the touchtennis.com website terms and conditions for use. These terms and conditions apply to the use of this website at touchtennis.com By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.

Using this website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms, do not use this website.

The touchtennis website is operated by:

Touchtennis Pro Ltd
304 High Road
Benfleet
SS7 5HB
United Kingdom

1. Introduction

1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. Ordering From Us

2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.

2.2 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order, the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

2.3 We may refuse to accept an order: (a) where goods are not available; (b) where we cannot obtain authorisation for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. Pricing

3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

3.3 Our prices are reviewed periodically.

4. Cancellation and Returns Policy

4.1 If you wish to cancel your order:

(a) you can notify us by email to info@touchtennis.com before we have dispatched the goods to you; or

(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.

4.2 You can return goods you have ordered from us for any reason at any time within 14 days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.

4.3 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

4.4 The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: - in the event that the product has been used or to any products that we have made or customised specifically for you

The provisions of this clause 4.4 do not affect your statutory rights.

5. Licence

5.1 You are not permitted to print and download extracts from this Website for your own use or any others.

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. Service Access

6.1 While we endeavor to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. Visitor Material and Conduct

7.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licenses and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the Website (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. Links To and From Other Websites

8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the touchtennis logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(c) you do not in any way imply that we are endorsing any products or services other than our own;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any touchtennis trade marks displayed on this Website without our express written permission;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations. We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage or any of our group companies that may suffer or incur as a result of your breach of clause 8.2.

9. Registration

9.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. Disclaimer

10.1 While we endeavor to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

10.2 The material on this Website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11. Liability

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

12. Governing Law and Jurisdiction

12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.


13. Delivery

14.1 Delivery

Due to new restrictions on size of parcels, we regret we are no longer able to deliver to PO BOX addresses.

The delivery charge to most UK addresses is £4.99 

All items under £50.00 are sent by Royal Mail 2nd Class signed for unless otherwise stated at checkout.

All items over £50.00 are sent by MyHermes and may be tracked when the information is emailed to the buyer.

Items are normally despatched within 1 working day from the time of order. 

 

14. Privacy Policy

 

 

1. Introduction and about us

This privacy notice explains how touchtennis Pro Ltd collectively referred to in this privacy notice as "TPL" (or "we", "our", "us) – collects, uses and shares your personal data as the global governing body for touchtennis. 

 

How we use your personal data depends on whether you interact with us as a touchtennis Member, a player, a coach or official, a volunteer, a ticket buyer or other customer, as a user of our website (www.touchtennis.com) or in some other way.  This privacy notice gives a general overview of how TPL processes personal data but you may receive more detailed information about data protection (including separate privacy notices) depending on the different ways you interact with us.

TPL is the primary ‘data controller’ of your personal data for the purposes set out below.  TPL is subject to the General Data Protection Regulation (the "GDPR") with effect from 25 May 2018.

 

2. The categories of personal data we collect

 

TPL collects and processes a range of information about you. This includes, for virtually all individuals, your name and contact information (such as your home and/or business address (as applicable), email address and telephone number, records of communications and interactions we have had with you by various means, basic biographical information including your date of birth and gender (where relevant) and financial information including bank account details (used for accepting payments from you or making them to you, as applicable).

 

In addition, we will collect the following categories of personal data depending on how you interact with us:

For touchtennis Members:

        Membership details (including start date / expiry date and venues currently or previously linked to);

        Rankings and ratings;

        Competitions entered;

        Responses to surveys.

For customers including ticket buyers:

        Delivery address for products or services, including purchased tickets;

        Payment information and details of returns or refunds, where relevant; and/or

        Dietary requirements, access requirements and proof of ID, where relevant for attending TPL events.

For players:

        Performance, match-play and training-related data;

        Rankings and ratings;

        Dietary requirements and other information relevant for training or competition arrangements;

For coaches and officials:

        Accreditations, qualifications and training;

        Evaluations and assessments of players and matches;

        DBS information (criminal records checks), where applicable; and/or

        Disciplinary and safeguarding information, where relevant.

For volunteers:

        Records of activity such as volunteer role(s), length of service, awards and number of hours;

        Application or registration details for the purposes of volunteering;

        Reference checks;

        Disciplinary and safeguarding information, where relevant; and/or

        Availability information.

For website users:

        Login ID information, including usernames; and/or

        Information provided through our website, including in messages and forms, for example forms for updating communication and marketing preferences.

 

3. How we collect personal data

We may collect your personal information in a number of ways, principally:

Directly from you, for example when you apply for touchtennis Membership, purchase our products or services including tickets, attend TPL events, enter a competition, join a performance programme as a player, provide coaching or officiating services, and make enquiries on our website, and when you interact with us during your participation in touchtennis in various other ways;

 

From someone else acting on your behalf, for example when a ticket buyer names you as their guest at an TPL event, when a coach or official provides performance or results data to TPL on behalf of a player, or when TPL staff who are working with you in your capacity as a player, coach or official record information about you, for example when coordinating competitions;

On rare occasions, we may receive information about you from others who are not acting on your behalf (for example, where someone makes a complaint about you which we then investigate);

By creating it ourselves, for example when we produce match reports from watching players compete at events; and/or

When you make enquiries on our website, or when you interact with us (for example, where you volunteer to assist with a competition, tournament or league organised by us, sign up for our volunteer communications, enquire about a volunteering opportunity), or through the club annual registration process and when your details are passed to us for the purposes of volunteer recognition.

We also collect certain personal data by automated means, including about visitors to the National touchtennis Centre and other TPL premises using CCTV monitoring.

4. Our basis for processing personal data and the purposes for which we use it

Performance of contracts.  TPL will process your personal data where this is necessary for the performance of a contract with you, or to take steps at your request before entering into such a contract. For example, we need to process personal data in order to comply with the terms and conditions of membership with touchtennis Members, other terms and conditions relating to the purchase of products or services including tickets, funding and player support agreements with players, services contracts with coaches and officials, volunteer agreements and the terms and conditions applicable to the use of our website.

Compliance with our legal obligations.  In some cases, TPL needs to process your personal data in order to comply with its legal obligations. For example, we need to process personal data in order to comply with health and safety legislation, carry out DBS (criminal records) checks on coaches, officials and volunteer roles (where relevant) for safeguarding purposes, report certain tax information about our financial arrangements with third parties to HM Revenue & Customs and assist with investigations by police and/or other competent authorities.

Legitimate interests.  In other cases, TPL has 'legitimate interests' in processing personal information about individuals we interact with. We have many such interests, including commercial interests and those with a wider public benefit.  In essence, our principal legitimate interests are in pursuing our mission to get more people playing touchtennis more often and administering touchtennis in a way that promotes and safeguards the integrity of the sport.  For example, we need to process personal data in pursuit of our legitimate interests in order to: 

organise competitions and major events, and process and publish results, ratings and rankings data from competitions, including disciplinary data, records of code violations, and other personal data which is necessary for TPL to be a central repository of match results across touchtennis;

market TPL's products and services (including tickets, performance and participation programmes, coaching courses and events), and promote touchtennis around the world more generally;

ensure the security of TPL events and premises, including by recording individuals' photographs as part of event accreditation processes and capturing individuals' images using CCTV monitoring;

operate a customer services team, conduct surveys and seek advice from advisers with the aim of improving TPL and touchtennis as a whole;

keep appropriate records of coaches, officials and volunteers;

administer our performance programme (for example, monitor player progress or make player selection decisions);

structure TPL with a 'head office' at the National touchtennis Centre and various Regional Offices throughout Great Britain, storing most personal data centrally and making use of certain software and/or cloud storage providers for the purposes of efficient, fast and secure access to personal data; and

research and statistical analysis (for example into volunteering practices and patterns).

 

Where TPL relies on legitimate interests as the legal basis for processing personal data, it has considered whether or not those interests are overridden by the interests or fundamental rights or freedoms of the individuals whose data are being processed and concluded that the processing is, on balance, fair.

 

Consent:  TPL may also process your personal data on the basis of consent you give, for example to send you certain direct marketing communications.

Processing special categories of data.  Where we process sensitive personal data, other legal bases for processing may apply, including where our processing is necessary for the establishment, exercise or defence of legal claims (for example, to protect and/or defend our property or rights, or those of other touchtennis stakeholders), for reasons of substantial public interest (for example, to conduct research about player performance), for provision of medical care and treatment, for the purposes of equal opportunities monitoring or where you have otherwise given us your explicit consent.

 

5. Who we may share your data with

Personal information collected and processed by TPL may be shared with the following recipients, or categories of recipients, where necessary:

Someone acting on your behalf, for example a parent or guardian who has purchased touchtennis Membership for you as their child;

Our employees and volunteers (as applicable), for the purposes of providing particular products or services to you;

Competition organisers and officials involved in competitions you are taking part in;

(Where you are a volunteer) with our employees and other volunteers, for the purposes of volunteer management and administration and any volunteering application or project; and to arrange your accreditation for an event;

Your local tennis club or county or national association, where relevant (for example, in order to resolve an issue raised by you that your club or county association has referred to TPL) as well as third party training course providers whose services you book via TPL;

        

Our contractors and suppliers, where they process personal data on our behalf (for example, IT Beachshore and hosted software providers and professional providers) which TPL uses to administer certain coaching courses, etc., as well as third parties we use to help us provide TPL participation programmes;

        

The Disclosure and Barring Service, and safeguarding committees and 'umbrella bodies' (for the purpose of carrying out criminal records checks on coaches and officials and others where relevant), HM Revenue & Customs (for tax reporting purposes), the police and/or other competent authorities, as applicable; and

Former employers and other providers of necessary background checks.

 

Typically, TPL will not transfer your personal data to countries outside the European Economic Area (EEA).  On the limited occasions when this does occur (for example, because your personal data is stored on an IT system hosted outside of the EEA), we ensure that any such transfer meets the requirements of GDPR, for example because it is necessary for the provision of our products or services to you or for the establishment, exercise or defence of legal claims; or is otherwise subject to prescribed safeguards such as 'model clauses' approved by the European Commission. You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us using the details below.

 

6. How long we will store your data

We may retain your personal data for as long as is necessary to fulfil the purposes set out in this privacy notice and/or TPL's reasonable requirements. On expiry of the relevant retention period, your personal data will be deleted, suppressed or anonymised, as applicable, save that we will retain comprehensive details of player rankings, ratings and results for archiving purposes in the public interest, or historical or statistical purposes, bearing in mind our role as the global governing body for touchtennis.

7. Your rights in relation to your personal data

Under the GDPR, you have the right to:

obtain access to, and copies of, the personal data that we hold about you;

require us to correct the personal data we hold about you if it is incorrect;

require us to erase your personal data in certain circumstances;

require us to restrict our data processing activities in certain circumstances;

receive from us the personal data we hold about you which you have provided to us, in a reasonable format specified by you, including for the purpose of your transmitting that personal data to another data controller;

to object, on grounds relating to your particular situation, to any of our particular processing activities where you feel this has a disproportionate impact on you; and

where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal.

If you would like to exercise any of these rights, please contact us in writing using the contact details below.  Please note that these rights are not absolute and we may be entitled (or required) to refuse requests where exceptions apply.

If you are not satisfied with how we are processing your personal data, you can complain to the Information Commissioner’s Office (ICO). You can also find out more about your rights under the GDPR (and other data protection legislation) from the Information Commissioner's Office website available at: www.ico.org.uk.

8. If you do not provide personal data

In some cases described above, the provision of personal data is a contractual requirement, and/or a statutory requirement if you wish to engage with TPL in a certain way (for example, where you wish to work as an TPL coach or official, and there is a statutory requirement for us to carry out a criminal records check on you, for safeguarding purposes).  In those and other cases, if you do not provide us with certain personal data, we may not be able to work with you or provide our products or services to you (as applicable), or it may adversely affect the provision of our services to you.

9. Cookies

Information may be sent to your computer in the form of an Internet "cookie" to allow TPL servers to monitor your requirements. The cookie is stored on your computer. TPL server may request that your computer return a cookie to it. These return cookies do not contain any information supplied by you.

This is necessary to allow TPL to measure the usability of the systems, which will help to improve the user experience of our websites. Your browser software should however enable you to block cookies if you wish to.

Contact us

If you have any queries about this privacy notice or how we process your personal data, you may contact us:

        by email: info@touchtennis.com 

        or by post: 

Data Protection, touchtennis Pro Ltd

Northcote Farm Cottage

Northcote Lane

Guildford GU5 0RB

 

Published May 2018

Website : beachshore