Terms and Conditions
1. AGREEMENT
By browsing the Website, or placing an Order, you unconditionally and irrevocably agree to these Terms and Conditions as set out below.
These Terms and Conditions apply to you, the Website user and your usage of the AustralianTennisInstitute.com.au Website and associated social media platform, Student Learning Portal, software, networks and processes, including the purchase of goods or services through the Website.
2. DEFINITIONS
In this Agreement:
Agreement means the terms and conditions contained in this document, including any relevant terms of any order placed by you the User through the Website (if applicable).
Customer means the person named on an AustralianTennisInstitute.com.au invoice or sales document.
Goods means the course, membership registration and/or products listed in an Order.
Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future, including rights of any kind in:
(a) inventions, discoveries and novel designs, whether or not registered or registrable as patents, innovation patents or designs, including developments or improvements of equipment, technology, processes, methods or techniques;
(b) literary works, dramatic works, musical works, artistic works, cinematograph films, television broadcasts, sound broadcasts, published editions of works and any other subject matter in which copyright (including future copyright and rights in the nature of or analogous to copyright) may, or may upon creation of the subject matter, subsist anywhere in the world;
(c) registered and unregistered trade marks and service marks, including goodwill in the business concerned in the relevant goods and/or services;
(d) trade, business or company names; and
(e) internet domain names, whether created or in existence before or after the Execution Date and includes any thing, whether tangible or intangible, which incorporates, embodies or is based on any of the things referred to in clauses (a) to (f) inclusive of this definition.
ATI and/or AustralianTennisInstitute.com.au means the business operated by Institute of Tennis Australia (ABN 18668824191).
Material means any information (including but not limited to data, source codes, and drawings) or images in any form (whether visible or not) stored on or in use with the Website and course material hosted in the Student Learning Portal via Thinkific.
Products means any items listed on the Website (for sale or otherwise) and course material hosted in the Student Learning Portal via Thinkific. Website means the internet site located at the URL AustralianTennisInstitute.com.au and operated by AustralianTennisInstitute.com.au.
3. INTERPRETATION
In this Agreement:
(a) headings are for convenience only and do not affect interpretation;
(b) and unless the context indicates a contrary intention:
(c) a reference to ATI or AustralianTennisInstitute.com.au includes an individual, the estate of an individual, a corporation, a government authority, an association or a joint venture (whether incorporated or unincorporated), a partnership and a trust;
d) a reference to ATI or AustralianTennisInstitute.com.au includes the executors, administrators, successors, and permitted assigns, including persons taking by way of novation;
(e) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(f) a reference to $ is to the lawful currency of the Commonwealth of Australia;
(g) a reference to a statute includes its delegated legislation and a reference to a Statute or delegated legislation or a provision of either includes consolidations, amendments, re-enactments and replacements;
(h) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(i) where the day on or by which any sum is payable or any act, matter or thing is to be done is a day other than a Business Day, that sum must be paid and that act, matter or thing must be done on the immediately succeeding Business Day; and
(k) includes in any form is not a word of limitation.
4. SITE USE
The Website may contain links to other web sites. Such links are provided for convenience only and may not remain current or be maintained. AustralianTennisInstitute.com.au is not responsible for the content or privacy practices associated with linked web sites. You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that your process for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system. AustralianTennisInstitute.com.au takes no responsibility for any such damage which may arise in connection with your use of the Website.
5. PRICING
All prices quoted on the Website are in Australian dollars unless otherwise specified.
All prices displayed on the Website are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.
You agree to pay any additional duties and taxes that your country or state may wish to impose on your order based on the imputed or actual value of the Goods. You understand and acknowledge that these relevant duties and taxes may not be disclosed on the Order confirmation and are charges imposed by the relevant customs or quarantine government department of your country and not AustralianTennisInstitute.com.au.
6. COACH MEMBERSHIP PROGRAM & CODE OF CONDUCT
You understand and agree that:
You are bound by all relevant ATI policies, including the Terms and Conditions of ATI Membership, the ATI Coaches Code of Conduct, and ATI Member Protection Policy as described herein.
In order to protect the integrity and safety of tennis, you will adhere to ATI’s Member Protection Policy which requires that all Coach Members obtain and maintain a Working with Children Check (or the relevant state equivalent) within the first 6 months of Membership, proof of which must be emailed to ATI Office (info@AustralianTennisInstitute.com.au).
ATI may reject, cancel or suspend my Application for Membership and/or Professional Qualification if you are unsuccessful in obtaining a First Aid Certificate and Working with Children Check (WWCC) (or state-based equivalent) and/or do not provide proof of such achievement to ATI Head Office via email (info@AustralianTennisInstitute.com.au).
ATI may reject, cancel or suspend my Application for Membership and/or Professional Qualification if you are found to be in violation of the ATI Coaches Code of Conduct.
As a professional ATI Coach, you must continue to act in the best interests of the industry and the sport of Tennis. You will conduct yourself and your coaching business in a professional and lawful manner, and will not bring the ATI nor the game of Tennis into disrepute.
Payment of the total fees due will be paid irrespective of whether or not you complete the online course/RPL Application, and you accept the ATI Refund Policy. If paying by Credit Card, you authorise credit card deduction for the appropriate amount as indicated on checkout or Application.
ATI’s Coach Training Resources, Logo, IP, and merchandise are for your own personal use only and not for on-sale, nor reproduction, nor can they be passed on to any other individual or organisation by you.
The ATI has no connection with Tennis Australia (TA) which is a competitor in tennis coach education and ATI does not recognise TA’s courses, nor is there any converse endorsement.
ATI Member Code of Conduct (Adapted from the Tennis Australia Code of Conduct 2017):
As a registered member of the Australian Tennis Institute, you understand and agree to:
Behave in a professional manner – be a good role model. Always project a favourable image of tennis and coaching at all times.
Ensure that your qualifications and those of your employees/contractors are not misrepresented.
Recognise your responsibility to the sport, to other coaches, players, parents, officials and its stakeholders. Avoid undue or unwarranted criticism of colleagues, players and stakeholders. Behave and operate with integrity at all times.
Treat students with respect, fairness, honesty and consistency at all times regardless of their background, beliefs or physical ability.
Understand and abide by the rules of confidentiality (i.e. for confidential and personal information of your employees, colleagues, students, players and other persons with whom you interact).
Honour all promises and commitments, both verbal and written.
Be positive and considerate when providing feedback. Avoid using negative feedback.
Encourage a climate of mutual support and respect for each other among your students, both on and off the court and regardless of their level of play.
Recognise individual differences in students and always consider the student’s long-term best interests.
Set challenges for each student which are both achievable and motivating.
Encourage players to participate in active play through appropriate pathways available, relative to their ability and level of play.
Use appropriate training methods which will benefit the students taking care to avoid those which could be harmful. Consider age, experience, ability and physical and psychological conditions. Adhere to the Tennis Australia Athlete Development Matrix.
Recognise students’ rights to consult with other coaches and advisors (e.g. sport scientists, doctors, physiotherapists etc). Be cooperative.
Encourage and facilitate students’ independence and responsibility for their own behaviour, performance, decisions and actions.
Aim for excellence based upon realistic goals and give due consideration for the student’s growth and development.
Recognise the ‘power’ that you as a coach develop with your students in the coaching relationship and avoid any behaviour that would encourage a closer, inappropriate relationship with students that could compromise your professionalism.
Actively discourage use of performance-enhancing drugs, the use of alcohol and tobacco and any illegal substance.
Do not exploit any coaching relationship to further personal, political or business interests at the expense of the best interest of your students.
Accept that players will move on. Do not be obstructive during this transition but try to be helpful if that is the student’s request.
Accept and respect the role of officials whose job it is to ensure that competitions are conducted fairly and according to established rules.
Have a working knowledge of and abide by the rules of tennis, regulations and standards, and encourage students to do likewise. Accept both the letter and the spirit of the rules.
Assess and monitor the safety of your coaching venue.
Place the safety and welfare of athletes above all else. Maintain a duty of care towards students/athletes under your supervision.
Be open to other people’s opinion and willing to continually learn and develop.
Be aware that our sport is bigger than all of us. Tennis and players will be there when we are not, but while we are involved, our ethical standards, values and behaviours matter a great deal as they influence others.
Be respectful and courteous when a working relationship (e.g. between employer, and employee or sub-contractor) ends. Do not misuse the privileges obtained as an employee or contractor.
7. ORDERS
You may place an Order by following the instructions on the Website. Your Order will be submitted by completing payment details and clicking the ‘confirm’ button.
Orders will be deemed to have been received by AustralianTennisInstitute.com.au at the time AustralianTennisInstitute.com.au sends an Order confirmation to your nominated e-mail address.
AustralianTennisInstitute.com.au will primarily communicate with customers via e-mail. It is the customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
Each Order (once confirmed) represents a separate agreement between AustralianTennisInstitute.com.au and you.
AustralianTennisInstitute.com.au reserves the right to not accept or to cancel Orders that request commercial quantities of Goods.
AustralianTennisInstitute.com.au, at its sole discretion, may cancel your Order at any time prior to dispatch of the Goods.
In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full as soon as is reasonably practicable. You will be provided with e-mail acknowledgement of the cancellation and refund.
AustralianTennisInstitute.com.au accepts no responsibility for Orders that are declined or not accepted due to disruptions with internet connections.
8. PAYMENT
You may provide your nominated debit card or credit card during the purchase process described on the Website.
Payment for Orders will be processed immediately upon confirmation of your Order.
If your nominated payment method triggers internal suspicious transaction protocols, AustralianTennisInstitute.com.au may contact you to confirm additional details or rescind the transaction.
9. DELIVERY AND OWNERSHIP OF THE GOODS
AustralianTennisInstitute.com.au will use its reasonable endeavours to ensure that all Goods are delivered in a prompt and timely manner. However, from time to time, it is possible that external third party programs and softwares and other factors beyond the control of AustralianTennisInstitute.com.au may result in delays. AustralianTennisInstitute.com.au is not liable for any loss or damage, whether direct, indirect or consequential, suffered by any one as a result of any such delays.
10. LEGAL
I SINCERELY declare:
I do not have any criminal charge pending before the courts.
I do not have any criminal convictions or findings of guilt for, or related to, violence, child abuse, serious sexual offences or offences related to
children.
I have not had any disciplinary proceedings brought against me by an employer, sporting organisation or similar body involving child abuse, sexual misconduct or harassment, acts of violence, intimidation or other forms of harassment.
I will notify the President or appointed person within ATI engaging me immediately upon becoming aware that any of the matters set out in clauses [1 to 3] above have changed for whatever reason.
11. REFUND POLICY
I understand and agree that:
The ATI Registration fee is a non-refundable, non-transferable fee.
The ATI Tennis Coach Insurance product and joining fee is non-refundable and non-transferable.
Notification of request for a Course refund is required in writing, and should be emailed to (info@australiantennisinstitute.com.au) and will be refunded only under the following circumstances:
It is within 14 days of your purchase date (this is the date stated on your email order confirmation)
You have NOT yet created your account within our Student Learning Portal via Thinkific.
Once your account has been created within our Student Learning Portal via Thinkific, or it is past the 14-day period post-purchase, no refunds or transfers are permitted, whether or not course material has been accessed or viewed.
12. INTELLECTUAL PROPERTY
All Intellectual Property in any Material on the Website is the property of AustralianTennisInstitute.com.au. Unless expressly authorised under these Terms and Conditions or otherwise, you may not reproduce adapt, modify, display, perform or distribute any Material or any part of any Material.
Nothing contained in this Website is to be interpreted as a recommendation to use any information on this Website in a manner which infringes the Intellectual Property rights of any person, company or entity. We make no representations or warranties that your use of the information on this Website will not infringe such Intellectual Property rights.
13. DISCLAIMER
We make no representations or warranties of any kind, express or implied, in relation to any information, content, materials or products included in this Website or to its availability, functionality or performance, except as otherwise provided under this Agreement or any applicable law.
We do not, nor do our officers, employees, agents and other representatives accept responsibility for any loss or damage, howsoever caused (including through negligence or matters outside our control), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on, or accessed through, this Website. To the maximum extent permitted by law, we disclaim any such representations or warranties as to the completeness, accuracy, merchantability or fitness for purpose of this Website or the information that it contains.
The use of the information on this Website is at your own risk. To the extent permitted by law, we exclude all liability of us, our officers, employees, agents and other representatives in respect of any injury, loss or damage arising out of, or related to, the use, or inability to use, the information on this website or provided through this website through email. This limitation of liability includes, but is not limited to, compensatory, direct, indirect or consequential damages, interruption of business, loss of data, income or profit, loss of, or damage to property, and third party claims. If any liability is not able to be excluded by law, we limit our liability to the re-supply of the relevant information or services.
You agree to indemnify us, our officers, employees, shareholders, agents and other persons involved in the creation of this Website from all damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out of or relate to your use of this Website, any information that you provide to us via this Website or any damage that you may cause to this Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy, trade mark infringement and breaches of the anti-trust legislation.
There may be risks associated with participating in activities mentioned on the Website for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any programs available at AustralianTennisInstitute.com.au if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.
You are using the courses on AustralianTennisInstitute.com.au at your own risk and AustralianTennisInstitute.com.au is not responsible for any injuries or health problems you may experience or even death as a result of using AustralianTennisInstitute.com.au.
It is to be made clear that AustralianTennisInstitute.com.au is not responsible for any injuries or health problems you may experience or even death as a result of using any products or services from AustralianTennisInstitute.com.au.
15. VIRUSES
Given the nature of the internet, we cannot guarantee that this Website is free from viruses, fault or other conditions which could damage or interfere with your computer systems, and we do not warrant that your access to this Website will be uninterrupted, error-free or that any defects will be corrected.
You assume the risk of any damage to your property as a result of using this Website, and to the maximum extent permitted by law; we disclaim all liability for any errors, omissions and faults.
You must take your own precautions to ensure that the process which you use for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked website.
16. SECURE DATA
Given the nature of the internet, we cannot guarantee that any data transmission is totally secure. Whilst we take precautions to protect information, we do not warrant and cannot ensure the security of any information you transmit to us. You therefore transmit to this Website at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve its security.
17. COOKIES
We may use cookies to gather data in relation to this Website and you consent to us doing so (although you may be able to disable cookies on your web browser).
18. GENERAL
AustralianTennisInstitute.com.au reserves the right to make changes to these Terms and Conditions without notice.
Any provision of these Terms and Conditions which is void or unenforceable may be severed without affecting the enforceability of other provisions.
A failure or delay by AustralianTennisInstitute.com.au to exercise a power or right under these Terms and Conditions does not operate as a waiver of that power or right, and the exercise of a power or right by AustralianTennisInstitute.com.au does not preclude its future ability to exercise that or any other power or right.
To the extent permitted by law, in relation to its subject matter, these Terms and Conditions: (a) embody the entire understanding between you and AustralianTennisInstitute.com.au, and constitutes the entire terms agreed between you and AustralianTennisInstitute.com.au; and (b) supersede any prior written or other agreement between you and AustralianTennisInstitute.com.au (if any).