Effective Date: 15/06/2025

These Terms of Use constitute a legally binding agreement between you and TennisMate.com.au, a service provided by Lollies Sports Mate Systems Pty Ltd (ABN: 26 628 891 207), governing your access to and use of our tennis coaching management platform.

TennisMate.com.au is specifically developed to support tennis coaches in managing their coaching activities and related operations. These Terms set out both our responsibilities as the service provider and your responsibilities as a user of the Service. We strongly encourage you to read them in full before proceeding.

By accessing or registering to use the Service, you confirm that you have read, understood, and accepted these Terms, and that you have the requisite authority to agree to these Terms on behalf of yourself or any third party or organisation you represent. Your use of the Service from the time access is granted constitutes acceptance of these Terms in full.

These Terms of Use (“Terms”) govern your access to and use of the TennisMate platform, including all related websites, applications, features, and services provided by Lollies Sports Mate Systems Pty Ltd and its affiliates (collectively, “TennisMate”, “we”, “us” or “our”). This includes, without limitation, the websites located at www.tennismate.com.au and app.tennismate.com.au (together, the “Website”) and all business management tools, technologies, and related services made available through them (“TennisMate Services”).

By accessing or using the TennisMate Services, you whether as an individual user or as a representative of a legal entity, acknowledge that you have read, understood, and agree to be bound by these Terms. You also represent that you have the legal authority to accept these Terms on behalf of yourself and / or any entity you represent, and that all persons accessing the TennisMate Services through your account are likewise bound by these Terms.

Subject to these Terms and your applicable subscription or account type, TennisMate grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the TennisMate Services for your internal business purposes only.

If you do not agree to these Terms, you must not access or use the TennisMate Services. All rights not expressly granted to you under these Terms are reserved by TennisMate.

Definitions

"Agreement"

means these Terms of Use.

"Access Fee"

means the monthly fee (excluding any taxes and duties) payable by You in accordance with the Fee Schedule.

"Confidential Information"

includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.

"Data"

means any data inputted by You or with Your authority into the Website.

"Fee Schedule"

means the information relating to subscriptions and billing set out on the TennisMate subscriptions and billing pages on the Website, or any other page(s) on the Website notified by TennisMate, which may be updated or amended by TennisMate from time to time.

"Intellectual Property Right"

means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.

"Service"

means the online tennis coaching management services made available (as may be changed or updated from time to time by TennisMate) via the Website.

"Website"

means the Internet site at the domain www.tennismate.com.au or any other site operated by TennisMate.

"TennisMate"

means Lollies Sports Mate Systems Pty Ltd.

"Invited User"

means any person or entity, other than the Subscriber, that uses the Service with the authorisation of the Subscriber from time to time.

"Subscriber"

means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.

"You"

means the Subscriber, and where the context permits, an Invited User. "Your" has a corresponding meaning.

Service Access & Licensing

Licensing terms

All software, services, and related products provided by Lollies Sports Mate Systems Pty Ltd (“TennisMate”) are licensed, not sold, and are granted exclusively to the named primary account holder at the time of registration (“Licensee”). The licence is personal, non-exclusive, non-transferable, and revocable, and is granted solely for the Licensee’s internal business use.

Licences are issued only in the name of an individual or legal entity directly registering for the TennisMate Services. Licences may not be sold, assigned, transferred, sublicensed, or otherwise made available to any third party, including but not limited to subsidiaries, affiliated entities, trusts, or unrelated business entities, without the prior written consent of TennisMate.

Any unauthorised assignment, transfer, or use of the licence shall constitute a material breach of these Terms. In such circumstances, TennisMate reserves the right to immediately terminate the licence and access to the Services, and may impose applicable cancellation or administrative fees.

TennisMate retains all rights, title, and interest in and to the licensed materials, and no rights are granted to the Licensee other than those expressly set out in these Terms.

Use of the software and access rights

Subject to your compliance with these Terms and any applicable subscription conditions, TennisMate grants you a limited, non-exclusive, non-transferable, and revocable licence to access and use the TennisMate Services via the Website, in accordance with the user roles and access levels assigned under your subscription plan.

Access to the Services is granted solely for your internal business purposes and is governed by the terms of this Agreement. You acknowledge and agree that, unless otherwise agreed in writing or required by law:

The Subscriber (i.e., the primary account holder) has sole authority to designate individuals as Invited Users and to assign specific user roles and permission levels within the TennisMate Services;

The Subscriber is fully responsible for all use of the Services by Invited Users and for ensuring that such users comply with these Terms;

The Subscriber retains the right to modify, restrict, or revoke an Invited User’s access or user role at any time, for any reason, without prior notice. Upon such modification or revocation, the affected person will either cease to be an Invited User or have their access adjusted accordingly;

In the event of any dispute between a Subscriber and an Invited User regarding access rights or data visibility within the Services, the Subscriber’s determination shall prevail, and TennisMate shall not be liable for enforcing or adjudicating such disputes.

Security of access credentials

You are solely responsible for maintaining the confidentiality and security of all login credentials, including usernames and passwords, associated with your access to the Services. You must take all reasonable precautions to protect such information and must immediately notify Lollies Sports Mate Systems Pty Ltd (“TennisMate”) of any known or suspected unauthorised use of your credentials or any other security breach. Upon notification, TennisMate may reset your access credentials and implement any additional security measures it deems reasonably necessary to protect its systems and your account.

Acceptable use obligations

As a condition of your continued access to and use of the Services, you agree that you will not:

i. Attempt to undermine the security or integrity of TennisMate’s systems or networks, or those of any third-party hosting or infrastructure provider used in connection with the Services;

ii. Use the Services in any manner that could damage, disable, impair, or interfere with the functionality of the Services, Website, or any systems used to deliver them, or negatively affect other users’ access to and use of the Services;

iii. Attempt to gain unauthorised access to any data, materials, systems, or accounts other than those you have been expressly permitted to access;

iv. Upload, transmit, or input to the Services or Website any files or material that may cause harm to another user’s device or software, or that is unlawful, defamatory, offensive, or infringes any third party’s intellectual property or legal rights;

v. Modify, adapt, copy, reproduce, disassemble, decompile, reverse engineer, or otherwise attempt to derive source code from any part of the Services or Website, except as strictly necessary for their intended and authorised use under these Terms.

Any breach of the above access conditions may result in immediate suspension or termination of your access to the Services, and may also give rise to legal liability.

Acceptable use and content standards

All services provided by Lollies Sports Mate Systems Pty Ltd (“TennisMate”) must be used solely for lawful purposes and in compliance with the laws of the State of Western Australia, the Commonwealth of Australia, and any other applicable jurisdiction.

TennisMate reserves the right, at its sole discretion, to refuse, suspend, or terminate service where any content or activity is deemed to be unlawful, obscene, abusive, defamatory, threatening, or otherwise objectionable. Prohibited content may be removed from our servers at any time, with or without notice. Where required by law, breaches will be reported to the appropriate authorities.

You are fully responsible for all activities conducted through your account, including any unauthorised access resulting from compromised credentials. You must implement and maintain secure passwords. TennisMate reserves the right to audit password strength and may suspend access until a satisfactory password is implemented. Where a weak or insecure password is detected, you will be notified and required to update your login credentials within a reasonable timeframe.

Failure to comply with these requirements may result in the suspension or termination of your access to the Services.

No malicious or illegal use

You must not use the TennisMate Services for any unlawful, fraudulent, or unauthorised purpose. This includes, but is not limited to:
(a) violating intellectual property rights;
(b) transmitting defamatory, offensive, or harmful content;
(c) compromising system integrity, security, or availability;
(d) harvesting data or intercepting communications;
(e) disclosing or using other users’ information without consent; or
(f) accessing the Services through bots or automated means.

Any breach may result in immediate suspension or termination of your access and may be reported to relevant authorities.

Spam and unsolicited communications policy

Lollies Sports Mate Systems Pty Ltd (“TennisMate”) maintains a strict zero tolerance policy regarding the transmission of unsolicited emails, bulk electronic communications, or any form of spam through its Services.

Any use of the TennisMate Services for the purpose of sending unauthorised or unsolicited communications is strictly prohibited. Users found to be in violation of this policy may have their account suspended or permanently terminated, with or without prior notice, at TennisMate’s sole discretion.

TennisMate further reserves the right to modify, restrict, or disable any account, or related system component that fails to comply with this policy or any other applicable usage guidelines. In circumstances where urgent or unauthorised activity is detected, TennisMate may take immediate corrective action without prior notice to protect the integrity of its systems and users.

Service Access and Licensing

Account registration and contact information

You are solely responsible for providing accurate, current, and complete contact information, including a valid and monitored email address, at the time of account registration. This email address will serve as the primary means of communication between you and Lollies Sports Mate Systems Pty Ltd, including for matters involving account management, service updates, and potential abuse concerns.

You agree to provide true, accurate, current and complete account information, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. Failure to maintain valid contact information may result in suspension or termination of your account without notice.

For certain transactions deemed high-risk, we may require you to provide government-issued identification and verification of the payment method used (e.g. a scanned copy of the credit card). Failure to comply with these verification requirements may result in the cancellation of the of the transaction as potentially fraudulent.

Payment terms and billing

You agree to pay all applicable fees for the Services provided by Lollies Sports Mate Systems Pty Ltd (“TennisMate”) in advance of the service period to which the fees relate. All subscriptions are billed on a recurring basis, monthly or annually based on the selected plan, unless and until cancelled by you in accordance with these Terms.

Cancellations must be submitted by you through the TennisMate platform. If your cancellation is received after the 1st day of any calendar month, it will take effect at the end of the following billing cycle. Cancelled accounts will remain active until the commencement of the next billing period following the effective cancellation date.

TennisMate may, at its discretion, delete data associated with a cancelled account within thirty (30) days of cancellation. We do not guarantee continued storage or retrieval of data beyond this period.

TennisMate reserves the right to modify its pricing, including subscription fees and other charges, at any time. Where practicable, reasonable notice of such changes will be provided. Continued use of the Services following any pricing change constitutes your acceptance of the new fees.

TennisMate further reserves the right to suspend or cancel your account, with or without prior notice, for any reason, including non-payment or violation of these Terms.

Payment Processing via Stripe

1)      Stripe Account Required
All end-customer payments facilitated through the Services must be processed via the Subscriber’s own Stripe account. By linking a Stripe account, you authorise TennisMate to transmit payment-related instructions to Stripe on your behalf.

2)      Stripe Fees
You are solely responsible for all fees, charges, and assessments imposed by Stripe. Current pricing is published at https://stripe.com/pricing and may change at Stripe’s discretion. TennisMate has no liability for any Stripe fees or changes thereto.

3)      TennisMate Application Fee
For every payment processed through the Services—regardless of transaction amount—TennisMate will automatically deduct an application fee of AUD $0.11 from the gross proceeds before settlement to your Stripe account.

4)      Net Settlement
The net amount you receive equals the gross payment less (a) Stripe’s fees and charges; and (b) the TennisMate application fee specified above. You acknowledge and agree that these deductions are automatic and irrevocable.

5)      Chargebacks and Refunds
You bear full responsibility for any chargebacks, reversals, or refunds, including all associated Stripe fees and the TennisMate application fee, which remains non-refundable.

6)      Compliance
You must maintain your Stripe account in good standing and comply with Stripe’s Terms of Service. Any breach of Stripe’s terms constitutes a material breach of these Terms.

Fees and taxes

All fees for use of the TennisMate Services, provided by Lollies Sports Mate Systems Pty Ltd (“TennisMate”), are payable in advance, either on a monthly or annual basis depending on your selected subscription plan. Fees are non-refundable, including in circumstances where the Services are only partially used during the relevant billing period. Refunds will only be issued where required by law.

TennisMate reserves the right to modify its fee structure at any time, including the introduction of new charges or changes to existing fees. Where practical, notice of such changes will be provided. Your continued use of the Services following the effective date of any fee change constitutes acceptance of the revised fees.

A valid credit card or approved payment method is required to maintain an active subscription and to process all payments due. You authorise TennisMate to charge all applicable fees to the payment method associated with your account.

If you are participating in a free trial of the TennisMate Services (as made available on the Website), the trial will commence upon account activation and will automatically expire sixty (60) days thereafter, unless otherwise specified. During the trial period, no charges will be applied to your nominated payment method. You may cancel the trial at any time prior to its expiry. Unless cancelled before the end of the trial period, your subscription will automatically convert to a paid plan, and the payment method on file will be charged the applicable subscription fees.

Account cancellation and termination

By Us:
TennisMate reserves the right to suspend or terminate your account at any time, with or without notice, where, in our sole discretion, you have committed a material or repeated breach of these Terms or any other agreement or policy governing your use of the Services.

By You:
You may cancel your account at any time via the designated cancellation process within the TennisMate platform. Unless otherwise agreed in writing, cancellation will take immediate effect, and you will not be entitled to any refund of Fees paid in advance, including for any unused portion of the current billing period.

Effect of Cancellation:
Upon termination or cancellation of your account:

(a) Your account will be deactivated or permanently deleted;

(b) All licences and rights granted to you under these Terms will immediately cease;

(c) All data, files, and content associated with your account may be irreversibly deleted from our systems.

TennisMate shall have no obligation to maintain or provide access to your data after cancellation. It is your sole responsibility to ensure that any necessary data is exported or backed up prior to termination. To the maximum extent permitted by law, TennisMate accepts no liability for any loss or damage arising from the cancellation or deletion of your account or associated data.

Privacy, Data and Availability

Privacy

Lollies Sports Mate Systems Pty Ltd (“TennisMate”) may collect, use, and store personal and organisational information provided by you in the course of accessing and using the Services. Such information is collected solely for the purpose of delivering, supporting, and improving the functionality and performance of the TennisMate platform.

All personal information is handled in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). TennisMate does not sell, rent, or disclose customer information to third parties, except as required by law or with your explicit consent.

For further information on how we handle personal data, please refer to our [Privacy Policy], which forms part of these Terms.

Reasonable use of service

You agree to use the TennisMate Services in a fair and reasonable manner. If, in our sole discretion, your usage is excessive or negatively impacts system performance, we may impose usage limits. Where practicable, we will provide at least 24 hours’ notice before applying restrictions.

Usage limits may include, but are not limited to: data storage, transaction volume, API calls, page views, bandwidth, support requests, or the number of users, outlets, or products associated with your account.

Data loss and service availability

Lollies Sports Mate Systems Pty Ltd (“TennisMate”) makes no representations or warranties regarding the availability, continuity, or error-free operation of the Services and expressly disclaims all liability for any loss, corruption, or inaccessibility of data, as well as any interruption, delay, or failure of the Services, regardless of cause.

You acknowledge that the use of the Services is at your sole risk and that it is your responsibility to maintain adequate backups of all data. To the maximum extent permitted by law, TennisMate shall not be liable for any direct, indirect, incidental, consequential, or special loss or damage arising out of or in connection with data loss, service outages, system failures, or related issues.

Support and availability

i)                    Technical Support
You must make reasonable efforts to identify and resolve technical issues before contacting support. If assistance is still required, consult the online help resources or email support@tennismate.com.au.

ii)                  Service availability
TennisMate aims to provide 24/7 service availability but does not guarantee uninterrupted access. Scheduled maintenance or unforeseen outages may occur. Where possible, advance notice of extended interruptions will be posted on the Website.

 

Intellectual property

All intellectual property in the TennisMate Services is owned by Lollies Sports Mate Systems Pty Ltd. You must not challenge or interfere with these rights and may not use TennisMate’s name, branding, or logos without prior written consent.

TennisMate Services are provided “as is”

The TennisMate Services are provided on an “as is” and “as available” basis, and your use of them is at your sole risk. We will try to promptly address (during normal business hours) all technical issues that arise in connection with the TennisMate Services.

We do not warrant that: (a) the TennisMate Services will meet your specific requirements; (b) the TennisMate Services will be uninterrupted, timely, secure, or error-free; (c) the TennisMate Services will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the TennisMate Services will meet your expectations; or (e) any errors in the TennisMate Services will be corrected.

You acknowledge that TennisMate may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the TennisMate Services. The acts and omissions of those third party suppliers may be outside of TennisMate’s control, and TennisMate does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

On behalf of itself and such third party suppliers, TennisMate excludes any other warranties that may be implied or otherwise apply under statute or other applicable law, to the maximum extent permitted by law.

Our liability is limited

To the maximum extent permitted by law, Lollies Sports Mate Systems Pty Ltd (“TennisMate”) is not liable for any direct, indirect, incidental, special, consequential, or exemplary loss or damage (including loss of profits, data, business, or goodwill), arising from or in connection with your use of, or inability to use, the Services regardless of notice of the possibility of such damages.

TennisMate’s total aggregate liability under or in connection with these Terms or the Services is limited to the total Fees paid by you in the twelve (12) months preceding the event giving rise to the claim.

Legal Obligations and Enforcement

You are responsible for your use of the TennisMate Service and you indemnify us

You are solely responsible for all activity conducted through your account and for maintaining the confidentiality of your login credentials. TennisMate accepts no liability for any loss or damage resulting from unauthorised access to your account.

You agree to indemnify and hold harmless Lollies Sports Mate Systems Pty Ltd (“TennisMate”) from any claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising from your use of the Services or any breach of these Terms.

Indemnification

You agree to fully indemnify, defend, and hold harmless Lollies Sports Mate Systems Pty Ltd (“TennisMate”), its directors, officers, employees, agents, contractors, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your use of, or inability to use, the TennisMate Services;

Any breach by you or your agents, employees, or authorised users of these Terms or any applicable law;

Any claim that content, data, or materials submitted by you or on your behalf infringes the intellectual property rights, privacy rights, or other legal rights of any third party;

Any injury to person or property resulting from the sale, use, or distribution of any product or service by you through, or in connection with, the TennisMate Services;

Any negligent, unlawful, or wilfully misleading act or omission by you or your representatives.

This indemnity will survive termination or expiry of your account or these Terms and applies to any claim brought by a third party, including government or regulatory authorities.

Law enforcement disclosure

Lollies Sports Mate Systems Pty Ltd (“TennisMate”) may disclose subscriber information to law enforcement authorities without prior notice or consent, where required by law. We will fully cooperate with all lawful investigations and requests.

Rights of Third Parties

These Terms confer no rights or benefits on any person or entity not a party to them.

Disputes and Amendments

Dispute resolution

f you have any concerns regarding the Services, please contact our support team at support@tennismate.com.au for prompt assistance. If a dispute cannot be resolved informally, both parties agree to resolve the matter through binding arbitration or, where applicable, in a small claims court, rather than through courts of general jurisdiction.

To the extent permitted by law, all disputes must be brought in an individual capacity and not as part of any class, collective, or representative action. You are solely responsible for resolving any disputes with other subscribers or invited users independently of TennisMate.

Arbitration

By using the Services, you agree that any dispute or claim against Lollies Sports Mate Systems Pty Ltd or its affiliates will be resolved through binding arbitration, administered by an arbitrator of TennisMate’s choosing. The arbitrator’s decision will be final and binding on all parties. You are solely responsible for all costs associated with the arbitration process.

Amendments to terms

TennisMate may modify these Terms or the features of the Services at any time. Where practicable, notice of material changes will be provided via email or displayed within the Services. Continued use of the Services following any amendment constitutes acceptance of the updated Terms.

TennisMate may add, modify, suspend, or discontinue any part of the Services at its sole discretion and without liability. Nothing in these Terms guarantees ongoing availability, support, or maintenance of any specific feature or functionality.

General

General

Failure to enforce any provision of these Terms does not constitute a waiver of our rights.

The Services are intended for business use only. To the extent permitted by law, consumer protection laws do not apply.

If any provision is found unenforceable, the remainder of the Terms will remain in full force and effect.

You may not assign, transfer, sublicense, or novate these Terms or any rights under them without our prior written consent.