Scope

These General Terms and Conditions apply to the use of the TennisGate training portal – which can be accessed at www.tennisgate.com – and to all transactions which customers enter into with TennisGate LTD Niederlassung Deutschland (hereinafter referred to as “TennisGate”; more details can be found under 2. Person of the vendor) in relation to commercial goods. Commercial goods in this connection comprise, without being restricted thereto, video training courses on permanent data storage media or online video training courses, as individual products or as a subscription, as well as licences to use online training courses via the TennisGate training portal or on the basis of separately agreed licensing agreements. The General Terms and Conditions of TennisGate shall apply exclusively in the version which is currently applicable. TennisGate shall have the right to modify the current General Terms and Conditions at any time and in particular to adapt them to reflect amended legal or commercial conditions. The amendment shall become effective with the following order placed by the customer via the TennisGate training portal. TennisGate does not recognise any other differing terms and conditions. Differing terms and conditions may only become part of the contract in exceptional circumstances if TennisGate acknowledges them by way of an explicit written confirmation.

Supplier

The supplier and vendor is …

TennisGate LTD
Niederlassung Deutschland
im Friedengrund 8
Villingen-Schwenningen, 78050
Germany

Phone: +49 (761) 61254135
Email: info@tennisgate.com
Web: tennisgate.com/de

Tax number: 22072/02508
Freiburg Register Court HRB 702613

Use at your own risk

TennisGate is certainly not intended as a substitute for personal instruction and support from experts. TennisGate is designed to complement this and support their work in a purposeful way. In general, you use the website www.tennisgate.com and its subdomains at your own risk. TennisGate would particularly like to emphasise that all training content on the website and in the products sold by TennisGate are intended for people who are healthy and certifiably fit for sports. TennisGate does not accept liability for personal damages which arise from undertaking TennisGate exercises.

Copyright

The content and design of www.tennisgate.com is the intellectual property of TennisGate LTD Deutsche Niederlassung (publisher). All content of the representational website, include the subdomains, are copyright protected. This includes, but is not limited to, images, audio, videos and texts. Any reproduction or rendering of the entire content or parts of it in any form require explicit written permission. This information is only intended for personal use. All use which goes above and beyond this, particularly its storage in databases, its copying and any form of commercial use as well as its transmission to third parties – both in parts or in revised form – is strictly prohibited without the written approval of TennisGate LTD. Links to www.tennisgate.com are welcomed. Embedding or integrating our content into third party frames is only permitted with the written approval of TennisGate LTD and only if its origins are clearly described.

Prices

The purchase price agreed for the ordered products and licences is deemed to be the one detailed in the current information on our website or in our brochures, price lists etc. If there are any typing, printing and/or arithmetical errors, we shall be entitled to withdraw the price. All prices are shown inclusive of the current level of German value added tax (19%) and all other levies and surcharges (gross prices). Any import or export charges (for example customs charges) that may be levied must be paid by the customer.

Conclusion of contract

The placement of an order by the customer shall be regarded as a binding offer to conclude a purchase contract in respect of the online training course. The purchase contract shall come into effect either by TennisGate explicitly accepting the order or actually effecting it by providing access to the ordered online training and this shall take place within 14 days of TennisGate receiving the order. After the expiry of this period, there shall no longer be any obligation upon the customer and the purchase contract shall be deemed not to have materialised.

The offer to conclude a purchase contract shall be submitted by the purchaser when, during the order process, the step which is identified as “Pay now” is successfully carried out.

Delivery and access authorisation

With the membership subscription, the subscriber acquires as the licensee the right to use all of the content which the relevant subscription package from TennisGate comprises. For this purpose, TennisGate shall provide the advertised content on a server which can be accessed online. The video content can be accessed by the subscriber here by means of a Flash-enabled internet browser of the subscriber’s choice. This access is protected by a combination of user ID and password and is monitored automatically by TennisGate to ensure compliance with the licensing and contractual terms and conditions. The scope of service of the membership includes online access via streaming/progressive download via our media server. The content which is contained in the membership can be changed at any time if this is necessary for a compelling reason and the subscriber is not objectively penalised more than was the case when the contract was concluded. Such a reason shall be deemed to exist in particular if TennisGate is no longer allowed to provide content for reasons of copyright or if technical changes arise.

The contractual terms of the respective training subscriptions can be gleaned from the catalogue of services on the website. In their member area, customers have full transparency in respect of the current status of their ongoing subscription. Initially, the membership  runs for the minimum usage period purchased by the user. Subsequently, the membership extends by extension periods of the same duration if it is not cancelled by the user or by TennisGate within the allotted time.

TennisGate shall provide access to the online training subscription which has been ordered without any unnecessary delay, but in any event within a period of 3 days. If there are difficulties in executing an order on time for special reasons, the delivery deadline may exceed 3 days in individual cases. If the online training subscription is not available at the time of purchase, the customer shall be notified of this as soon as this information comes to light. In this case, TennisGate shall be entitled to withdraw from the contract. Any claims of the customer on account of the impossibility of performing the contract are excluded.

No claims for a reduction in price may be asserted at a later date on account of the online training subscription not being available temporarily for a brief period of time.

TennisGate shall undertake to ensure that the content, which are the subject of the purchased service, remain available for the period which is concluded. This shall not affect any amendments to the content and articles which are inalienable for legal reasons.

Unless something is explicitly specified or agreed with TennisGate to the contrary, the purchaser shall acquire access authorisation enabling the training subscription to be utilised at the same time.

The access data may not be passed on and the access may not be transferred to another party. TennisGate has made provision for special team licences for this purpose. The customer must ensure that its access data does not unintentionally end up in the hands of third parties.

If TennisGate should have reason to suppose that the online material is being used in an improper way that is not permitted, TennisGate shall have the right, after making contact with the customer, to take appropriate measures. These measures shall include, among other things, but not exclusively, changing the password of the user account in question, temporarily disabling access or deleting the user account in question and/or excluding the user from the TennisGate membership.

Warranty and liability

The liability for any defects in the online training shall be based on the statutory warranty regulations. However, TennisGate shall initially at any rate be entitled to exchange or replace the feature which is lacking. A claim for a reduction in price may only be asserted after an appropriate period of time to make improvements has elapsed without success. TennisGate cannot be held liable for any claims which go beyond this, in particular for claims for compensation of any kind (consequential damage resulting from defects), including lost profit, loss due to delay etc.

TennisGate shall also not be liable for the content of the online training, in particular the formal accuracy and lawfulness and the accuracy and lawfulness of the content of the statements, text, pictures, audio or video clips, source texts, instructions etc. which are contained therein.

In general, the website www.tennisgate.com and its subpages are used at the user’s own risk. TennisGate wishes to point out in particular that all training content on the website and in the products which are sold by TennisGate is intended for people who are healthy and demonstrably fit enough to do sport. TennisGate shall not be liable for personal injury and damage to property which are caused by the performance of the TennisGate exercises.

This liability disclaimer shall also apply – within the scope of what is legally permitted – to any liability under the German Civil Code and to claims against employees, contractors, bodies or vicarious agents of TennisGate.

TennisGate accepts no liability for any technical faults which occur in the operation of the online portal. TennisGate also reserves the right to stop operating the portal at any time; however, this shall not prejudice the due processing of contracts which have already been concluded. Despite taking the utmost care and using the latest technology, TennisGate cannot offer any guarantee that it will be possible to access its servers at all times. The temporary failure or temporary inaccessibility of these servers shall therefore not entitle the subscriber to withdraw from the contract or make claims for compensation.

 

Data protection and advertising

The customer consents to TennisGate collecting, storing and processing, in an automated fashion, personal details such as first name, last name, postcode, address, telephone number, fax number, e-mail address, internet address, date of birth, and bank details for purposes of concluding and processing the contractual relationship.

A newsletter containing the latest product information, interviews with experts and practical tips can be subscribed to by the customer on the website regardless of whether the customer makes a purchase. The newsletter is published at irregular intervals, roughly once a month. The customer shall have the option at any time to unsubscribe from the newsletter by clicking on a link in the newsletter itself, or via the “my TennisGate” section on the website.

 

Third-party rights (copyrights)

The customer acknowledges that rights of third parties, in particular copyrights and other intellectual property rights, exist in relation to the purchase item. The customer shall undertake to use the purchase item only within the scope of what is permitted under the contract and/or by law and to strictly comply with any licensing conditions that may apply. This applies in particular to texts and linguistic works, including software, databases as well as images, video and/or audio clips.

The above point applies to rights of TennisGate to its website and the content on it such as texts, graphics, logos, trademarks, titles, programs, pricing arrangements, databases and other services accordingly.

Place of performance, applicable law, partial nullity and place of jurisdiction

The place of performance is Villingen-Schwenningen in Germany; German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

In the event that individual provisions in these T&Cs contradict mandatory statutory regulations or are invalid, the remaining provisions shall still be effective. If one provision in these terms and conditions should be or become invalid, the General Terms and Conditions shall otherwise remain valid. The invalid provision is to be reworded or expanded or replaced so that the commercial intention which was being pursued here is achieved as far as possible.

The court in Villingen-Schwenningen, Germany which exercises commercial jurisdiction shall be responsible for handling any disputes arising from this contract.

Notes on online payment and online products

  • All data which is obtained from the customer/cardholder is treated with the strictest confidence
  • The transaction is processed and the data is entered in a browser window which is secured by SSL encryption.
  • On your bill you will see the payment charged to “TennisGate LTD” and the payment processor Stripe or PayPal.
  • Enquiries regarding online payment will be responded to as quickly as possible, but no later than within two working days.
  • Keep transaction data and notifications in a place which is easily accessible.
  • When an online product is purchased, the purchase contract shall be effected immediately by activating the user account for the online product which has been purchased. The customer gives consent to the invoice being transferred in electronic form to the e-mail address which is specified by the customer.

Right of cancellation and withdrawal

The service shall be deemed to have been provided when access is provided to the TennisGate memberhsip content and withdrawal from the contract is not possible after this time. The right of cancellation shall lapse, in accordance with the statutory provisions, with services which are not a financial service, if the contractor has started to execute the service with the explicit consent of the consumer before the end of the cancellation period or the consumer has arranged this itself. In the case of contracts relating to individual online training subscriptions where the subscriber receives access to the content enabled as soon as the registration process is complete, the subscriber’s right of cancellation shall therefore lapse at this actual point in time.

The customer shall have the opportunity to test the suitability of their equipment or internet connection for the online product before making a purchase using the freely available example products and videos. Incompatibility with one or more of the customer’s systems shall therefore not constitute a reason for withdrawal.

If TennisGate sells or facilitates the sale of goods from third-party suppliers, their T&Cs shall apply.

– Version updated May 2016