Terms of Use and Privacy Policy

PART A – WEBSITE TERMS AND CONDITIONS

1. About these Terms

These Website Terms and Conditions apply to your access to and use of our website, online store, court hire services, coaching programs, lessons, squads, competitions, events, facility access, and related goods and services supplied by Marconi Tennis Academy, including through any physical pro shop, online store, booking platform, social media channel, or digital communication operated by us.

By using our website, making a booking, purchasing goods, enrolling in a program, entering a competition, hiring a court, attending our venue, or allowing a child to participate in our programs, you agree to these Terms.

If you are enrolling or booking on behalf of a child or another person, you confirm that you are authorised to do so and you accept these Terms on their behalf.

Separate booking rules, competition conditions, waiver forms, event rules, and venue signage may also apply. To the extent of any inconsistency, the more specific document will prevail to the extent of the inconsistency.

2. Who We Are

In these Terms, “Marconi Tennis Academy”, “we”, “us”, and “our” means the business operating the tennis academy, its owners, directors, officers, employees, coaches, contractors, volunteers, agents, affiliated entities, and venue representatives involved in providing the relevant goods or services.

“You” and “your” means any website user, customer, parent, guardian, participant, spectator, purchaser, court hirer, competition entrant, or other person who accesses our services or premises.

3. Eligibility and Minors

You must be at least 18 years old to create an account, place an order, make a booking, or accept these Terms, unless you are doing so through a parent or legal guardian.

A parent or legal guardian must complete bookings and consents for participants under 18 years of age and remains responsible for:

(a) ensuring the information provided to us is accurate and current;

(b) the child’s conduct, safety awareness, and compliance with our instructions and rules;

(c) informing us of medical conditions, injuries, allergies, behavioural issues, support needs, emergency contacts, and any limitation relevant to participation.

4. Bookings, Enrolments, Orders, and Payments

All bookings, enrolments, court hire reservations, competition entries, and product orders are subject to availability and acceptance by us.

We may refuse or cancel a booking, enrolment, or order where:

(a) payment is not successfully processed;

(b) the requested service or item is unavailable;

(d) information supplied by you is incomplete, misleading, or incorrect;

(e) we reasonably suspect fraud, misuse, resale activity, or other improper conduct.

Prices are shown in Australian dollars unless stated otherwise and may change before a booking or order is confirmed.

Payment may be required in full at the time of booking or purchase unless we agree otherwise in writing.

You must ensure your payment details, contact details, delivery address, and participant information are accurate and current.

5. Coaching, Programs, and Participation

We provide tennis coaching, private lessons, squads, camps, competitions, court hire, events, fitness-related activity, and associated academy services.

Participation is subject to:

(a) compliance with all directions given by our coaches, staff, officials, and venue representatives;

(b) the participant being medically fit and appropriately prepared for the relevant activity;

(d) respectful, safe, and sportsmanlike conduct.

We may group participants by age, experience, standard, safety needs, attendance levels, or operational requirements, and may move participants between groups or coaches where reasonably required.

We do not guarantee a particular coach, timeslot, class composition, training outcome, ranking, match result, scholarship outcome, improvement level, or competition result.

Junior Group, Squad and Hotshot Programs

Enrollment in junior group, squad, and Hotshot programs is confirmed only when the participant is registered, payment arrangements acceptable to us are in place, and the participant is listed on the class roll in our system. Enrolment constitutes the purchase of a packaged term of lessons.

Term fees are calculated by multiplying the applicable weekly class fee by the number of weeks in the relevant term or program period.
Full payment is required before the first class unless we agree otherwise in writing. A late payment fee of $20 may be charged where fees remain unpaid after the first scheduled lesson of the term.
Term fees apply to the packaged term of lessons and are payable in full even where public holidays fall within the term structure, subject always to any non-excludable rights you may have under law.
Group make-up vouchers may be issued for lessons missed due to public holidays, illness supported by a doctor’s certificate, or lessons cancelled by us because of weather or unsafe conditions.
Group make-up vouchers remain valid for 100 days from the date of the missed class and may be redeemed only while the student is actively enrolled and all applicable term fees for the current term have been paid in full.
Make-up vouchers carried forward from a previous term may be used only where the student is booked into and has paid in full for the current term. For example, where a student is enrolled and paid in full for 10 group lessons in the current term and has 2 approved make-up vouchers from the previous term, those 2 lessons may be added to the current term, giving a total of 12 lessons.
Students may accrue a maximum of 5 group make-up vouchers per term. Any additional missed lessons above that cap are not redeemable unless we determine otherwise in writing.
Make-up vouchers are personal to the enrolled student unless we approve a transfer in writing. They cannot be redeemed for cash, credits, or refunds.
Where the status app states lessons are OFF, the affected lesson will be eligible for a make-up lesson or other remedy we nominate. If the status app states lessons are ON and the participant does not attend, the lesson is forfeited and no make-up is available unless required by law or approved by us in writing.
No refunds are provided after the second lesson of the term for change of mind; however, remaining lessons may be transferred to another person with our approval. This does not limit any rights that cannot lawfully be excluded under the Australian Consumer Law.
Active Kids or similar government vouchers may be accepted where available and valid, subject to program eligibility and any government rules.
Enrolment does not automatically renew for the next term unless we expressly state otherwise. Trial group lessons are available only to first-time attendees and are subject to availability.

Private and Semi-Private Lessons

Private and semi-private lesson places are confirmed only when the participant is registered, payment arrangements acceptable to us are in place, and the booking is recorded in our system.

Fees must be paid in full before the first lesson unless we agree otherwise in writing. A $20 administration fee may apply where payment is made after the first scheduled lesson of the term.
Private and semi-private lesson fees are generally structured around the NSW school term, with rates that may vary by lesson length, coach allocation, or package type.
Available pricing structures may include pay-as-you-go single lessons and discounted full-term packages, such as a 10-lesson term package, as published by us from time to time.
Cancellations or rescheduling requests for private or semi-private lessons must be made with more than 24 hours’ notice. Where sufficient notice is not given, the lesson fee may be forfeited.
Private make-up lessons must generally be redeemed before the start of the following term, including during the school holiday period where availability permits.
Private make-up lessons from a previous term may be used only where the student is booked into and has paid in full for the current term’s private lesson package. For example, where a student has paid for 10 private lessons in the current term and has 2 approved make-up lessons from the previous term, those 2 lessons may be added to the current term, giving a total of 12 lessons.
Private make-up lessons cannot be redeemed for cash, refunds, or account credits.
A medical certificate may be required for illness-related absences to qualify for a private make-up lesson.
Private make-up lessons for missed sessions may be taken during the school holidays before the next term, subject to coach and court availability.
Advance payments for private and semi-private lessons are non-refundable for change of mind, but lessons may be transferred to another person with our approval. This does not limit any rights you may have under the Australian Consumer Law.
Where the status app states lessons are OFF, the affected lesson will be eligible for a make-up lesson or other remedy we nominate. If the status app states lessons are ON and the participant does not attend, the lesson is forfeited and no make-up is available unless required by law or approved by us in writing.
Active Kids or similar government vouchers may be accepted where available and valid, subject to program eligibility and any government rules.

Program Acknowledgements and Communications

By enrolling in our programs, signing an enrolment form, or allowing a participant to attend, you acknowledge that you have read and accepted our applicable policies, terms and conditions, booking rules, and coaching policies as updated from time to time.

Our programs are supervised by coaches and staff, but participation remains subject to the risk warning, assumption of risk provisions, and liability limitations set out in these Terms to the maximum extent permitted by law.

We may contact you by post, email, phone, or SMS regarding bookings, lesson updates, weather decisions, safety notices, invoices, academy information, and marketing communications where permitted by law. You may opt out of marketing communications at any time by using the unsubscribe facility or by contacting the pro shop. Operational and safety communications may still be sent where reasonably necessary to administer your bookings or participation.

6. Health, Medical, and Fitness Disclosure

You must tell us before participation, and promptly update us, if a participant has any injury, illness, allergy, medical condition, disability, medication requirement, physical limitation, behavioural issue, or other matter that may affect safety or participation.

You acknowledge that:

(a) tennis and related physical activity can involve strenuous exertion;

(b) our programs are not a substitute for medical advice, diagnosis, treatment, or rehabilitation;

(c) you are responsible for obtaining medical advice where appropriate and for determining whether participation is suitable.

We may restrict, suspend, or refuse participation where we reasonably consider it necessary for health, safety, welfare, insurance, or operational reasons.

7. Risk Warning and Assumption of Risk

You acknowledge that participation in tennis, fitness activity, competitions, court hire, match play, training drills, use of courts, use of equipment, movement around sports facilities, and attendance at a tennis venue involve inherent and obvious risks. These risks include, without limitation:

(a) slips, trips, falls, and collisions;

(b) being struck by balls, racquets, equipment, or other participants;

(c) muscular injury, sprains, strains, fractures, dehydration, heat-related illness, aggravation of existing conditions, and other physical injury;

(d) risks arising from weather, court surfaces, lighting conditions, venue conditions, or the acts or omissions of other participants or third parties;

(e) risks associated with spectators, parking areas, walkways, pro shop areas, kiosk areas, amenities, and general movement around the venue.

You voluntarily assume these risks to the fullest extent permitted by law.

You acknowledge that not all risks can be eliminated and that injury, property damage, illness, or loss may occur despite reasonable care.

8. Recreational Services Warning and Liability Exclusion

To the extent permitted by law, our coaching, court hire, match play, programs, competitions, camps, fitness activity, and related participation services are supplied as recreational services.

To the extent permitted by section 139A of the Competition and Consumer Act 2010 (Cth), and to the extent otherwise permitted by law, we exclude, restrict, and modify liability for death or personal injury arising from the supply of recreational services.

Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or condition that cannot lawfully be excluded, restricted, or modified, including rights under the Australian Consumer Law in relation to goods and services where such rights cannot be excluded.

9. Medical Assistance and Emergencies

If we reasonably believe urgent medical attention is required, you authorise us to contact emergency services, seek first aid, arrange medical treatment, and contact the emergency contact details you have provided.

You are responsible for medical, ambulance, hospital, and related costs incurred on behalf of the participant, except to the extent caused by our breach of law and not otherwise excluded by these Terms.

10. Supervision and Collection of Children

Parents and guardians must comply with our sign-in, sign-out, drop-off, and collection procedures.

Unless we expressly agree otherwise in writing, our responsibility for supervising a child starts when the child is checked in to the relevant program area at the scheduled start time and ends when the session finishes and the child is collected or otherwise permitted to leave in accordance with the applicable arrangements.

Parents and guardians must not leave children unattended outside supervised program times.

11. Court Hire and Venue Use

All court hire users and visitors must comply with venue rules, safety requirements, booking conditions, signage, and reasonable directions from staff.

Court access is limited to the booked time and authorised areas only.

You must not:

(a) allow unauthorised users onto the court under your booking;

(b) misuse equipment or facilities;

(d) bring glass, hazardous items, or prohibited substances onto court or restricted areas where not permitted.

You are responsible for any loss or damage caused by you, your invitees, or participants under your booking, except to the extent caused by fair wear and tear or our own fault.

12. Competitions, Events, and Academy Activities

Additional rules may apply to tournaments, match play, ladders, social competitions, camps, open days, promotions, and special events.

We may amend draws, schedules, formats, venues, officials, or event conditions where reasonably required by weather, numbers, safety, venue constraints, or operational needs.

We may refuse entry, remove a participant, or disqualify an entrant for unsafe conduct, abuse, cheating, non-payment, rule breaches, unsportsmanlike behaviour, or failure to follow reasonable directions.

13. Weather, Safety, and Operational Changes

Programs, court hire, competitions, and events may be postponed, suspended, modified, relocated, or cancelled due to weather, unsafe conditions, low attendance, coach illness, venue issues, force majeure events, government requirements, or other circumstances outside our reasonable control.

Where a session or booking is affected, any credit, make-up session, rebooking right, or refund will be determined in accordance with the specific booking terms, event rules, or refund policy applicable to that product or service and subject to your non-excludable rights under law.

14. Behaviour and Right to Refuse Service

We may refuse service, suspend access, remove a participant, cancel a booking, or terminate an account where we reasonably consider it necessary to protect safety, welfare, property, reputation, staff wellbeing, or the proper operation of the academy.

This includes cases involving aggression, harassment, bullying, discrimination, abusive communication, repeated late collection, non-payment, unsafe conduct, property damage, or significant disruption.

Where appropriate, we may do so without refund, subject to any non-excludable rights under law.

15. Pro Shop Purchases and Online Store

Product descriptions, images, colours, sizes, and availability are provided as accurately as reasonably possible, but minor variations may occur.

We may limit quantities, refuse orders, or cancel orders where stock is unavailable, pricing errors occur, or fraud or misuse is suspected. If an order is cancelled after payment, we will refund the amount paid for the unavailable or cancelled item unless another lawful remedy is agreed.

Risk in goods passes to you on delivery or collection, as applicable. Title passes only once payment has been received in full.

16. Shipping, Click and Collect, and Delivery

Delivery timeframes are estimates only unless expressly stated otherwise.

You are responsible for ensuring delivery and collection details are correct and that goods can be safely received.

We are not liable for delay caused by carriers, incorrect details provided by you, weather events, supply chain issues, or matters outside our reasonable control, except to the extent required by law.

17. Returns, Exchanges, and Consumer Guarantees

Our goods and services come with consumer guarantees that cannot be excluded under the Australian Consumer Law.

Nothing in these Terms limits your rights to a repair, replacement, refund, compensation, or resupply where the law gives you those rights.

For change-of-mind returns, we may offer an exchange, store credit, or other remedy in accordance with any returns policy we publish, provided that policy does not limit your non-excludable rights under law.

Returned items for change of mind must generally be unused, in saleable condition, with proof of purchase and original packaging, unless the law requires otherwise.

18. Intellectual Property and Website Use

All content on our website and in our materials, including text, graphics, logos, branding, videos, photographs, class materials, drills, training plans, downloads, software, and design elements, is owned by us or licensed to us unless otherwise stated.

You must not copy, reproduce, adapt, distribute, publish, scrape, reverse engineer, or exploit our content without prior written permission, except as permitted by law.

19. User Content and Reviews

If you submit reviews, testimonials, comments, photographs, videos, or other content to us or tag us on social media, you grant us a non-exclusive, worldwide, royalty-free, transferable licence to use, reproduce, publish, adapt, and communicate that content for marketing, promotional, educational, and business purposes, unless you notify us otherwise in writing.

You warrant that you have the right to provide that content and that its use by us will not infringe the rights of any person.

20. Photographs, Video, and CCTV

We may photograph, film, or record activities at our venue and may operate CCTV for safety, security, incident management, and business purposes.

By attending our venue or programs, you acknowledge that your image or likeness, or that of your child, may be incidentally captured.

Where we intend to use identifiable player images or footage prominently for promotional purposes, we may seek additional consent, particularly for children.

Our collection and handling of footage and personal information is also governed by our Privacy Policy.

21. Personal Property

You bring all personal property to our premises and programs at your own risk.

To the extent permitted by law, we are not responsible for lost, stolen, or damaged personal property, including racquets, bags, clothing, electronics, vehicles, or other belongings, unless caused by our negligence and liability is not otherwise lawfully excluded.

22. Accounts, Security, and Electronic Communications

You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.

You consent to receiving electronic communications from us, including booking confirmations, reminders, invoices, notices, policy updates, and marketing communications where permitted by law.

You can opt out of marketing communications at any time using the unsubscribe function or by contacting us.

23. Third-Party Platforms and Links

Our website and services may use third-party booking systems, payment gateways, analytics providers, social media platforms, or other tools.

We are not responsible for the terms, privacy practices, outages, or conduct of third-party platforms, except to the extent required by law.

Your use of those third-party services may be subject to the provider’s own terms and policies.

24. Indemnity

To the extent permitted by law, you indemnify us against claims, losses, damages, liabilities, costs, and expenses reasonably incurred arising from:

(a) your breach of these Terms;

(b) your unlawful, negligent, or wilful misconduct;

(d) your infringement of another person’s rights.

This indemnity does not apply to the extent a claim is caused by our negligence, unlawful conduct, or breach of a non-excludable obligation.

25. Limitation of Liability

To the maximum extent permitted by law:

(a) we exclude liability for indirect, consequential, exemplary, special, or economic loss, including loss of profits, revenue, goodwill, opportunity, or data;

(b) where liability cannot be excluded but can be limited, our liability is limited to the minimum extent permitted by law;

(c) where a statutory guarantee applies to goods or services and the law permits limitation, our liability is limited, at our option, to resupply, repair, replacement, refund, or the cost of doing so.

This clause is subject always to your non-excludable rights under law and clause 8.

26. Suspension, Cancellation, and Termination

We may suspend or terminate your account, booking, enrolment, or access to services if you breach these Terms, fail to pay amounts due, create a safety risk, misuse our systems, or behave in a way that materially disrupts our operations.

Termination does not affect accrued rights, payment obligations, or provisions intended to survive termination.

27. Changes to These Terms

We may update these Terms from time to time.

Any updated Terms will apply from the date they are published on our website, except that changes will not retrospectively alter confirmed bookings or purchases unless required by law or expressly agreed.

Your continued use of our website or services after updated Terms are published constitutes acceptance of the updated Terms.

28. Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts competent to hear appeals from those courts.

29. Severability

If any provision of these Terms is unlawful, invalid, or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in full force and effect.

30. Contact Details

Questions, notices, and complaints about these Terms can be sent to us using the following details: Legal entity: Marconi Tennis Academy ABN: 95108880824; Address: 43 Cobbett Street, Wetherill Park 2164; Email: stewart@marconitennis.com.au; Phone: 0412571963; Website: https://marconitennis.com.au

PART B – PRIVACY POLICY

1. Purpose of this Privacy Policy

This Privacy Policy explains how Marconi Tennis Academy collects, holds, uses, discloses, and protects personal information in connection with our website, physical venue, pro shop, online store, coaching programs, court hire, competitions, events, customer service, and related business operations.

2. What Information We May Collect

We may collect personal information including:

(a) name, date of birth, gender, and contact details;

(b) parent or guardian details for junior participants;

(d) booking, attendance, lesson, competition, and participation records;

(e) account login details and customer identifiers;

(f) billing, payment, transaction, refund, and purchase records;

(g) product order, shipping, and delivery information;

(h) medical, allergy, injury, accessibility, incident, and risk information relevant to safe participation;

(i) communications with us, enquiries, complaints, reviews, survey responses, and support requests;

(j) photographs, video footage, CCTV footage, and event media;

(k) website usage information, IP address, cookie data, browser information, device information, and analytics data;

(l) any other information you provide to us directly or through third-party booking or payment platforms.

3. How We Collect Personal Information

We may collect personal information when you:

(a) visit our website or social media pages;

(b) create an account or subscribe to marketing communications;

(d) purchase products online or in person;

(e) complete forms, waivers, competition entries, or medical or emergency contact forms;

(f) contact us by email, phone, online forms, messaging, or social media;

(g) attend our premises or participate in our programs;

(h) interact with CCTV, photography, or event recording systems;

(i) deal with us through third-party platforms such as booking, payment, shipping, communication, or analytics providers.

4. Why We Collect, Hold, Use, and Disclose Information

We may collect, hold, use, and disclose personal information for purposes including:

(a) providing coaching, court hire, competitions, events, retail sales, and customer support;

(b) managing enrolments, schedules, attendance, grading, lesson allocation, and service delivery;

(d) responding to medical issues, incidents, complaints, disputes, and insurance matters;

(e) processing payments, deliveries, returns, credits, refunds, and accounting;

(f) communicating with participants, parents, guardians, and customers;

(g) administering memberships, promotions, prizes, and competitions;

(h) improving our services, systems, website, and customer experience;

(i) marketing our services and products where permitted by law;

(j) complying with legal, regulatory, child safety, insurance, and record-keeping obligations;

(k) protecting our lawful interests, premises, staff, customers, systems, and property.

If you do not provide information we reasonably request, we may be unable to provide some or all of our goods or services.

5. Sensitive Information, Including Health Information

Some information we collect may be sensitive information, including health information relevant to safe participation.

We will only collect, use, and disclose sensitive information where:

(a) you have provided consent;

(b) the information is reasonably necessary for our functions or activities;

If you do not provide requested health or safety information, we may be unable to allow participation or may need to limit the services we provide.

6. Information About Children

Where a participant is under 18 years old, we usually collect information from a parent or legal guardian.

Parents and guardians must ensure that information they provide to us about a child is accurate and current and that they have authority to provide it.

We may communicate directly with junior participants where appropriate for coaching, attendance, welfare, or operational reasons, but we expect a parent or guardian to remain responsible for consent and decision-making unless the law provides otherwise.

7. Disclosure of Personal Information

We may disclose personal information to:

(a) coaches, staff, contractors, volunteers, officials, and administrators who need the information to perform their role;

(b) payment processors, banks, booking providers, website hosts, IT providers, software providers, email and SMS platforms, and other service providers;

(d) insurers, legal advisers, professional advisers, debt recovery providers, and dispute resolution bodies;

(e) medical providers, emergency services, or first aid personnel where reasonably necessary;

(f) competition organisers, governing bodies, clubs, associations, or sanctioning bodies where relevant to an event, ranking, draw, or participation process;

(g) regulators, law enforcement agencies, government authorities, or courts where required or authorised by law;

(h) any person where you have otherwise consented or where disclosure is reasonably necessary to protect safety, welfare, or our legal rights.

8. Overseas Disclosure

Some of our service providers may store or process personal information outside Australia, including through cloud-based systems.

Where this occurs, we will take reasonable steps to work with reputable providers and to protect information in a manner appropriate to the circumstances.

By dealing with us, you acknowledge that overseas handling may occur in connection with systems we use for booking, communications, payments, analytics, storage, or business administration.

9. Dealing With Us Anonymously or Using a Pseudonym

Where lawful and practicable, you may make a general enquiry without identifying yourself.

However, if you wish to book services, purchase products, create an account, enter a competition, receive coaching, arrange court hire, receive deliveries, or raise a customer service issue, we will usually need your personal information.

10. Website, Cookies, Analytics, and Marketing

Our website may use cookies, pixels, analytics tools, and similar technologies to:

(a) operate the website and shopping functions;

(b) remember user preferences;

(d) personalise website experience and marketing;

(e) improve our products and services.

You can often control cookies through your browser settings, although disabling cookies may affect website functionality.

Where required by law, we will obtain consent for certain marketing or tracking activities.

We may send marketing communications by email, SMS, phone, or similar channels where permitted by law. You may opt out at any time.

11. Storage and Security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification, and disclosure.

These steps may include access controls, password protection, secure platforms, staff restrictions, contractual controls with service providers, monitoring, and physical security measures.

However, no method of transmission or storage is completely secure and we cannot guarantee absolute security.

12. Retention and Destruction

We keep personal information for as long as reasonably necessary for the purposes described in this Policy, to resolve disputes, enforce agreements, maintain business and safety records, and comply with legal obligations.

When information is no longer reasonably required, we may destroy it or de-identify it where appropriate and lawful.

13. Access and Correction

You may request access to personal information we hold about you and request corrections if you believe it is inaccurate, out of date, incomplete, irrelevant, or misleading.

We may require verification of identity before responding.

In some circumstances, the law allows us to refuse access or correction requests, in whole or in part. If we do so, we will provide reasons where required by law.

14. Privacy Complaints

If you have a complaint about how we have handled personal information, please contact us in writing using the details below.

Please provide enough detail to allow us to investigate and respond.

We will review your complaint and respond within a reasonable time.

If you are not satisfied with our response, you may be able to complain to the Office of the Australian Information Commissioner.

15. Third-Party Sites and Services

Our website and communications may contain links to third-party websites, apps, payment providers, booking systems, and social media services.

We are not responsible for the privacy practices of those third parties and encourage you to review their privacy policies.

16. Changes to this Privacy Policy

We may update this Privacy Policy from time to time.

The current version will be published on our website and will take effect from the date of publication.

17. Contact Us

For privacy enquiries, access requests, correction requests, or complaints, contact:

Email: stewart@marconitennis.com.au;

Phone: 0412 571 963

;

Website: https://doohantennis.com.au.