AcePlan Terms and Conditions – Coach Edition
Welcome to AcePlan. These terms of use explain how our platform works for coaches – please read them carefully since they explain the legal relationship you enter into with us when you use our services.
Please note that these terms create an agreement between you and us only. Our platform allows you to share information with the players you work with, but your legal relationship with those players is separate from the arrangements between you and us, and is not governed by these terms. In some circumstances, you may have an arrangement with the venue where you operate under which the venue will cover your fees on your behalf for your use of the platform. Again, your legal relationship with the venue is separate from the arrangements between you and us, and is not governed by these terms.
Our agreement with you
1. What is in these terms and conditions?
1.1 These terms and conditions (which we will refer to as the terms) tell you the rules for using the AcePlan platform at [aceplantennis.app] (our platform) and accessing the services we make available through our platform (our services). The terms apply whether you access our platform via an internet browser or through the app (as made available from time to time).
1.2 By using our platform, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our platform.
1.3 By setting up an account and accessing the platform and the services, you confirm to us that:
1.3.1 you are at least 18 years old; and
1.3.2 you are legally capable of entering into a contract with us.
1.4 Our platform is directed to people residing in the United Kingdom. The content available on or through our platform may not be appropriate for use or available in other locations.
2. Who we are and how you can contact us
2.1 AcePlan is a platform operated by AcePlan Player Development Ltd (we, us or our). We are a limited company registered in England and Wales under company number 15037509 and have our registered office at 19 River View, Bishop’s Stortford CM23 3FS.
2.2 To contact us, please get in touch by:
2.2.1 email to: support@aceplantennis.com; or
2.2.2 post to: 19 River View, Bishop’s Stortford CM23 3FS.
3. What other terms apply?
3.1 Your use of our platform is also subject to our Privacy Policy, which is available on our website at: aceplantennis.com, and which details how we collect, use and look after your personal data when you visit and use our platform, or otherwise communicate with us.
3.2 By using the platform, you acknowledge that payment services are provided by the authorised third-party payment services provider we have selected (our payment services partner), and are provided subject to and in accordance with their standard terms (please see clause 17).
4. Keeping up to date with the terms
4.1 We may change our platform and these terms from time to time – for example, to reflect changes to the services available. We recommend that you keep a record of these terms for future reference.
4.2 If we change these terms, we will publish the new version through the platform. Every time you use our platform, please check these terms to ensure you understand the terms that apply at that time.
4.3 If you would like any assistance with understanding these terms, please read the FAQs available on our website, or contact us for more information at: support@aceplantennis.com.
Overview of our platform
5. Using our platform
5.1 We provide online player development software for tennis coaches and tennis players, as well as other goods and services that we may develop and make available on an ongoing basis.
5.2 In respect of the platform:
5.2.1 we provide the platform ‘as-is’ and ‘as available’ and without express or implied warranties of any kind;
5.2.2 we make no representations that the platform is fit for a particular purpose or is of satisfactory quality;
5.2.3 you acknowledge that there may be minor bugs or errors in it; and
5.2.4 we do not endorse or assume responsibility for any third party applications, links or other product or service which might be available or advertised through the app, our website or the services.
The platform
6. Signing up to the platform
6.1 By clicking ‘accept’ to these terms on the website, you agree to be bound by the terms of this agreement.
6.2 On registration, you will provide us with the personal information via the coach registration form on the website, which includes the following:
6.2.1 your first name and last name;
6.2.2 your email address;
6.2.3 the venue with which you want to be associated on the platform; and
6.2.4 the venue’s logo (if you have all required permissions to use and provide this to us).
Please read and check this information carefully and correct any errors prior to submitting it.
6.3 On receipt of your information we will create your coach area on the platform. You will receive an email to set up a password. Within this email we will confirm your registration has been accepted (confirmation email). We expect to send the confirmation email within 72 hours of your subscription, but if you do not receive the confirmation email within this period, please contact us at support@aceplantennis.com.
6.4 We will enter into a legally binding contract with you when we send you the confirmation email.
7. Our ownership of the platform
7.1 All intellectual property rights in our platform and website are owned by us or our licensors. Intellectual property rights include rights such as copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all our intellectual property rights in the platform, the website and any material on the same, which means that we and they are the owners of the rights and free to use them as we see fit.
7.2 Nothing in these terms grants you any legal rights in our platform other than as are necessary to enable you to access the platform (please see clause 8).
7.3 You agree not to adjust, circumvent or delete (or attempt to do the same) any notices contained on the platform (including any intellectual property notices) and in particular in software embedded or contained within the platform.
7.4 AcePlan is our registered trade mark. Other trade marks and trade names may also be used by us on our website or platform. You must not use any of our trade marks without our prior written permission.
7.5 Any data and other material which you record to our platform in respect of a particular player must be available to the player for them to download and use while they remain a user of the platform on an indefinite basis, and may be retained and used by that player after they have ceased to be a user of the platform. On that basis, you grant a perpetual, irrevocable, royalty-free, non-exclusive licence to each player and to us to download, retain and use all such data and materials, and any intellectual property rights in such data and materials. For the avoidance of doubt, the player may share such data and materials with any other coach they work with from time to time.
7.6 You acknowledge that a player may request us to transfer the data and material in their player area to a different coach using our platform at any time. Where agreed between the player and the new coach, we will transfer all data and material stored within that player’s player area to the corresponding player area with the new coach.
8. Your rights to use the platform
8.1 You have no rights to own the platform or any content published on the platform (whether by you, us or another user) other than as set out in this clause 8. We grant you permission to access and use the platform and you must only use the platform and our services for the purpose of sharing data and feedback for player development and in accordance with these terms.
8.2 The licence to use our platform:
8.2.1 is personal to you, meaning that you cannot transfer it to another individual; and
8.2.2 is non-exclusive to you, meaning that we supply the same platform to other users;
8.3 Your access and use of our platform and services must be in accordance with these terms at all times.
8.4 You indemnify us against all damages, losses and expenses arising out of your use of the platform in breach of these terms.
9. Your obligations when using the platform
9.1 When using the platform, you must:
9.1.1 promptly approve or decline player registration requests;
9.1.2 keep your password and other account details confidential;
9.1.3 provide us with accurate and complete information;
9.1.4 ensure you have all appropriate permissions and consents in place before using the platform or providing us with information (for example, that you have permission to use the tennis venue’s logo at registration); and
9.1.5 do all you can to prevent any unauthorised access to, or use, of the platform, and if you become aware of any such unauthorised access or use, promptly notify us by email at support@aceplantennis.com.
9.2 You acknowledge that you are solely responsible for all costs and expenses you may incur in relation to your use of our website or platform.
10. Acceptable use
10.1 You may use the platform only for lawful purposes and in accordance with these terms. You may not use the platform:
10.1.1 in any way that breaches any applicable local, national or international law or regulation;
10.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
10.1.3 for the purpose of harming or attempting to harm any person in any way;
10.1.4 to send, knowingly receive, upload, download, use or re-use any material which is defamatory, obscene, offensive, hateful, inflammatory, promotes violence of discrimination on any grounds, infringes any intellectual property rights, promotes illegal activity or is likely to harass, upset, embarrass, alarm or annoy any other person or is otherwise illegal;
10.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
10.1.6 to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
10.1.7 attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the platform;
10.1.8 in order to build a product or service which competes with the platform.
10.2 You also agree not to:
10.2.1 access without authority, interfere with, damage or disrupt any part of the platform, any equipment or network on which the platform is stored, any software used in the provision of the platform and/or any equipment or network or software owned or used by any third party; or
10.2.2 license, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the platform available to any third party.
11. Rules about linking to our platform
11.1 You may post a hyperlink to our platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.3 You must not establish a link to our platform in any site that is not owned by you.
11.4 Our platform must not be framed on any other website or app.
11.5 We reserve the right to withdraw linking permission without notice.
11.6 The website or app to which you are linking must comply in all respects with the content standards set out in section 10(Acceptable Use).
11.7 If you wish to link to or make any use of content on our app other than that set out above, please contact us at support@aceplantennis.com.
12. We are not responsible for viruses and you must not introduce them
12.1 We do not guarantee that the platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the platform. You should use your own virus protection software.
12.2 You must not misuse the platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the platform, the server on which the platform is stored or any server, computer or database connected to the platform. You must not attack the platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the platform will cease immediately.
13. We are not responsible for content uploaded by other users or websites we link to
13.1 Our platform includes data, information and materials uploaded by other users of the platform. The views expressed by other users on our platform do not represent our views or values.
13.2 Where our platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the content of those websites or resources
14. Our platform may not always be available
14.1 We do not guarantee that our platform, or the services and content available through our platform, will always be available, or that access will be uninterrupted.
14.2 We may suspend or withdraw, or restrict the availability of, all or any part of our platform (including access to information saved to your account and services such as delivery tracking facilities) for business and operational reasons. We will try to give you reasonable notice of any suspension, withdrawal or restriction.
15. Information on this platform
Although we make reasonable efforts to update the information on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our platform is accurate, complete or up to date. Any reliance that you may place on the information on the platform is at your own risk.
16. Cancelling your contract
16.1 If you wish to cancel your contract, you can do so at any time by notifying us of your intention to cancel by email at: support@aceplantennis.com.
16.2 Upon receipt of your cancellation request we will deactivate your coach area. You will receive a cancellation email to confirm that the agreement between us and your right to access and use the platform has been ceased.
Our responsibility to you
17. Our responsibility for loss or damage suffered by you
17.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
17.2 Subject to clause 19.1, we are not legally responsible for:
17.2.1 losses that were not foreseeable to you and us when the agreement was formed or that were not caused by a breach on our part;
or, if you are using the platform in the course of your business or profession, for:
17.2.2 loss of profits;
17.2.3 loss of sales or business;
17.2.4 loss of agreements or contracts;
17.2.5 loss of anticipated savings;
17.2.6 loss of use or corruption of software, data or information; or
17.2.7 loss of or damage to goodwill.
17.3 Subject to clause 19.1, we shall also have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control, including but not limited to: strikes, lockouts or other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
18. Your rights where the services or platform are faulty
18.1 If you are using the platform for purposes which are wholly or mainly outside your trade, business, craft or profession (that is, if you are a consumer) you have legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) in relation to the services, which are summarised below:
18.1.1 the services which we provide to you must be carried out with reasonable care and skill. If our services have not been carried out with reasonable care and skill, you can ask us to repeat or fix the services, or get some money back if we can’t fix it;
18.1.2 where the price has not been agreed upfront, the cost of the services must be reasonable; and
18.1.3 where no time period has been agreed upfront for the provision for the services, we must carry out the services within a reasonable time.
18.2 This is a summary of some of your key rights. For more detailed information on your rights, visit the Citizens Advice Website at www.citizensadvice.org.uk or call 0808 223 1133.
19. If something goes wrong
19.1 If you wish to report or complain about content uploaded by other users, please contact us at support@aceplantennis.com.
19.2 We will try to resolve any disputes with you quickly and efficiently.
19.3 If you are unhappy with our service to you or any other matter, please contact us as soon as possible.
19.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
19.4.1 notify you that we cannot settle the dispute with you; and
19.4.2 give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit their website at: https://webgate.ec.europa.eu/odr.
The agreement
20. How we may use your personal information
Your privacy and personal information are important to us. We will only use your personal information in accordance with our Privacy Policy, which is available on our website at: aceplantennis.com.
21. We may transfer our agreement with you to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.
22. Which country's laws apply to any disputes?
22.1 These terms of use, their subject matter and their formation, and the legal arrangements between requesters and travellers formed through use of our platform, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction save that if you are resident in another country, you may bring a claim in the courts of the destination country.
These terms were most recently updated in April 2024.