Terms and Conditions

Thank you for selecting www.futuresportsacademies.com, operated by Future Sports Academies Holdings Private Limited, (referred to as “Site”, “Future Sports”, “we”, “our”, or “us”). Please read these Terms of Use (“Terms”) carefully. The Terms are a legal agreement between you and us in relation to your use of the Site and its associated services (the “Agreement”). IF YOU DO NOT AGREE TO THE TERMS BELOW, DO NOT USE THIS SITE.

By accessing the Site or using any of our services, you agree to these Terms. If you do not agree to these Terms, you may not use the Site or services and should leave this Site immediately.

This Agreement governs your use of the Site and its associated services including all content, all communications, updates and new releases, (collectively, the “Services”). It includes by reference the Site’s Terms & Conditions and Privacy Policy. All of the Site and Services are within the scope of this Agreement.

You should be 18 years or older to use the Site and Services and must be 18 years or older to register for a Future Sports account or make purchases. In cases where you have authorized a minor (someone under 18 years of age) to use the Site or Services, you acknowledge and agree that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the Site or Services; and (iii) the consequences of any misuse by the minor.

We may discontinue or change any Future Sports content, service, function or feature at any time with or without notice and in our sole discretion.

The content on Future Sports’ website are provided ‘as is’. Future Sports makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Also, Future Sports does not warrant or make any representations concerning accuracy, likely results, or reliability of the use of the content on its website or otherwise relating to such content or on any sites linked to this site.

You agree that your dealings with third parties found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party, and you agree not to hold Future Sports liable for any disputes you may have with any such third party.

8.1 Social Media Sharing: The Site both enables and encourages social media sharing, for example through popular social media channels such as Facebook, Twitter and Google. Future Sports has no control over, and is not responsible for, the privacy practices and policies of any such third party social media channels.

8.2 Links on this Site: This Site may provide, and third parties may provide, links to social media apps, other websites or resources. As we have no control over these, you agree that links to third party resources are provided solely for your convenience and we are not responsible for the availability of such external apps, sites or resources and are not liable for such third party content. If you decide to access any third parties linked to this Site, you do so entirely at your own risk. Links do not imply that Future Sports is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of Future Sports.

8.3 Linking to this Site:
If you would like to link to this Site, you must comply with the following:

• You do not have permission to use or incorporate any of our Site content and must not in-line, frame, or create any browser or border environments around our content.
• You do not present any misleading or false information about us or our products or services.
• You do not use any of our logos, designs, slogans, trademarks or service marks or any other words or metatag data without first obtaining our express written permission.
• We do allow any linking to websites that contain any distasteful, offensive or controversial content.
• Unauthorized links to of framing of this Site is prohibited unless you have obtained our express written permission.

Cookies are small data files that your browser places on your computer or device. Cookies help your browser navigate a website and the cookies themselves cannot collect any information stored on your computer or your files. We use cookies to learn more about the way you interact with our content and help us to improve your experience when visiting the Site. Cookies remember the type of browser you use and which additional browser software you have installed. They also remember your preferences, such as language and region, which remain as your default settings when you revisit the Site. You can visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. Note, however, that if you reject the use of cookies you will still be able to visit our Site but some of the functions may not work correctly.

Your privacy is very important to us. Our Privacy Policy describes how we use and protect information you provide to us on our Site. You agree to our Privacy Policy, and to any changes published by us and that we may use and maintain your data according to the Future Sports Privacy Policy, as part of the Services. NOTE: OUR PRIVACY POLICY ONLY APPLIES TO PERSONAL INFORMATION COLLECTED BY US IN THE COURSE OF PROVIDING THE SITE AND SERVICES. IT DOES NOT APPLY TO PERSONAL INFORMATION INCLUDED IN YOUR CONTENT OR TO YOUR USE OF THE SITE. YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH APPLICABLE PRIVACY LEGISLATION AND ANY PERSONAL DATA YOU PUBLISH THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, IMAGES, ENTRIES, AND VIDEOS.

11.1 You Gain No Ownership: No intellectual property ownership rights transfer from you to us or us to you, as a result of this Agreement. The Future Sports domain name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Future Sports or its licensors and are protected by Singapore’s and international copyright laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without prior written permission from Future Sports.

11.2 Trademarks: All rights in the trademarks, service marks, logos, trade names, product names, product packaging and designs of Future Sports or third parties whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners and are protected under national and international trademark and copyright laws. You are not permitted to reproduce, download or otherwise use such trademarks, service marks, logos, trade names, product names, product packaging and designs without the prior express written consent of the owner of such mark.

11.3 License to Host Your Content: In these Terms, “your content” means all works and materials (including but not limited to data, text, photographs, images, illustrations, documents, graphics, audio material, video material, audio-visual material and files) that you submit to the Site. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to store your content on and in relation to our Site and Services and any successor websites or services. Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, or if we reasonably suspect that you have breached this Agreement in any way, we may delete, un-publish or edit any or all of your content.

11.4 No Infringement of Third Party Rights: You warrant and represent that your content will not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right and you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site or Services. You agree and acknowledge you must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right of any third party through your use of the Site and Services and must only share content when you possess all sufficient permissions, rights and/or licenses to provide or upload all and any content shared by you on or through the Site. Further, you acknowledge and agree that in the event of you infringing the intellectual property rights of any third party through your use of the Site or Services, it is you and not Future Sports that will be liable.

11.5 Copyright Infringing Content: We will act expeditiously to remove copyright infringing content as soon as we have we have actual knowledge that any of the Site content infringes copyright. If you believe there is copyright infringing material on the Site, please contact us by email at tennis@futuresportsacademies.com with the following information:

• The name and address of the complaining party.
• A description of the infringing materials and their Internet location, usually the URL.
• Sufficient information to identify the copyrighted works.
• A statement by the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
• A statement of the accuracy of the notice and, under penalty of perjury, a statement that the complaining party is the owner or authorized to act on the behalf of the owner.

• You agree that we have no responsibility or liability for the deletion, corruption or failure to store or display any content and/or data maintained or transmitted on or by the Site.
• You acknowledge that the features and services provided by us may change at any time without prior notice to you.
• You acknowledge that we reserve the right to sign out, terminate or delete your account at any time and for any reason at our sole discretion.
• Except as expressly permitted by this Agreement, you must not edit or otherwise modify any material on the Site.

We reserve the right to restrict your access to the Site and/or Services at our sole discretion and you must not circumvent or bypass, or attempt to circumvent or bypass, any such access restrictions.

You must not:

• Use our Site or Services in any way or take any action that causes, or may cause, damage to them or impair their performance, availability or accessibility
• Use our Site or Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
• Use our Site or Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, root kit or other malicious computer software
• Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Site or Services without our express written consent
• Access or otherwise interact with our Site or Services using any robot, spider or other automated means
• Use, transfer or distribute any of our content in any manner that could compete with the Site or any business of Talon
• Remove or tamper with any copyright or proprietary notices displayed on the Site
• Copy, disclose, post, distribute, reproduce, publish, display, transmit, perform, create derivative works of, decompile, reverse engineer, disassemble, link to or unlawfully use or reproduce any of the Site content without or express prior written consent
• Use data collected from our Site or Services for any direct marketing activity, including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

You may not use the Site or Services for any of the following purposes:

• Disseminating any content, including but not limited to music or images, to which you do not possess the requisite intellectual property rights or permissions.
• Advertising or promoting any products, services, organizations or websites without our express permission.
• Disseminating any unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that is or which encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorised access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Site.
• Breaching any laws concerning the use of public telecommunications networks.
• Interfering or disrupting networks or websites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
• Engaging in technically harmful behaviour, which includes but is not limited to: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data and other malicious software or harmful data.

Disseminating content that violates anyone’s privacy, including identifying or confidential information, contact information not provided by the person concerned or private photos.

Payments by you to Future Sportsare processed by third payment processors such as PayPal and credit providers and processors. Your use of a third party payment processor such as PayPal or a credit card company is subject to any additional terms and conditions and fees imposed by such third party payment processor.

16.1 Password: If you register for an account (either as a Provider or as a Seeker), with Future Sportsyou may be required to use a password. You must keep your password confidential and you must notify us immediately if you become aware of any disclosure of your password. You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any damages or losses arising out of such a failure. We are entitled to assume that anyone who accesses your account or service using your password does so by your authority.

16.2 Your Security Responsibilities: The security of information transmitted through the Internet can never be guaranteed. We disclaim all liability for any interception or interruption of any Internet transmissions or any changes to or losses of data. You are responsible for maintaining the security of any password, account ID or username, or other form of authentication involved in obtaining accessing our Site or Services. In order to protect you and your data, we may suspend your use, without notice, pending an investigation, if any breach of security is suspected. You are solely responsible for determining whether the security provided by us and our suppliers is sufficient for your purposes. If you do not agree the security is sufficient it is your responsibility to either implement your own additional security or not use the Site.

16.3 Communication of Personal Information: You acknowledge and agree that by providing us with personal information through our Site or Services, you consent to the transmission of that personal information over international borders as necessary for processing in accordance our Privacy Policy.

IN NO EVENT WILL FUTURE SPORTSOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:

1. ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;
2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES;
3. PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES:
   • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; OR
   • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.
   • AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF FUTURE SPORTS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.

IN NO EVENT WILL FUTURE SPORTSOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SPONSORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR:

1. ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE;
2. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR RELATED SERVICES;
3. PERSONAL INJURY OR DEATH CAUSED BY YOUR USE OR MISUSE OF THE SITE OR SERVICES:
   • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; OR
   • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, PERSONAL INFORMATION OR DATA.
   • AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF FUTURE SPORTS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Your sole and exclusive remedy for any cause or claim whatsoever relating to the Site or the Services, shall be limited to discontinuing use of the Site and Services.

You represent and warrant to us that:

• This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
• You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party.
• You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
• All information you supply to us in connection with your use of our services is true and complete in all material respects and will be kept up to date if it changes.

You agree to defend, indemnify and hold harmless Future Sports, its affiliates, officers, directors and employees from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of the Site or the Services, (ii) the distribution or transmission of any content or other materials by you or users authorized by you, or (iii) any violation of these Terms by you. Future Sportsreserves the right to assume the exclusive defence and control of any matter subject to such indemnification and you hereby agree to cooperate with Future Sportsin asserting any available defences.

We reserve the right, in our absolute discretion, to terminate your Future Sportsaccount or your access to all or part of the Site or Services without notice. Upon such termination you will be denied access to any information or files you have stored on the Site, and we may remove, delete, or otherwise destroy any and all such related information at our sole discretion.

As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.

We make no representation that content on this Site is appropriate or available for use in locations outside Singapore. If you choose to access this Site from a location outside Singapore, you do so at your own initiative and you are responsible for compliance with local laws.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by events outside our reasonable control (“force majeure”) or due to our compliance with any applicable laws or regulations.

We will make every available effort to keep the Site and Services available but there will be periods of downtime for maintenance and upgrades, and sometimes, for reasons beyond our control that we do not anticipate. There may be unscheduled downtime or outages. WE MAKE NO GUARANTEE AS TO UPTIME OR AVAILABILITY OF THESITE OR SERVICES.

25.1 Entire Agreement: This Agreement incorporates by reference our Privacy Policy which collectively with this Agreement contain the entire understanding between you and Future Sportsand supersede all prior representations, agreements, statement and understandings, either verbal or in writing.

25.2 Governing Law: You agree that the laws of Singapore govern these terms and conditions of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us. You further agree that any disputes or claims that you may have against us will be resolved by the courts of Singapore, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS OF SINGAPORE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; and (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

25.3 Titles and Headings: Titles and headings are inserted in this Agreement for reference purposes only, and must not be used to interpret the Agreement.

25.4 Communication and Notices: You consent to receive notices and information from us in respect of our Site and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account. We may provide you with notices, including those regarding changes to this Agreement by email, paper mail, publication on our Site, by SMS, or in any other way recognized by law.

25.5 Waiver: Our failure to exercise or enforce any right or provision of this Agreement is not a waiver of such right or provision.

25.6 Severability: If any provision is found by a court of competent jurisdiction to be invalid, the parties agree that the court must as far as possible give effect to the parties’ intentions as reflected in it, and this Agreement otherwise remains in full force and effect.

25.7 Compliance with Laws: In using the Site and Services, you must comply with all applicable laws and regulations and, without limitation you must not use the Site or Services (or allow them to be used) in connection with or in furtherance of any fraudulent scheme or purpose.

25.8 Law Enforcement: You authorise us to provide any information or comply with any request in relation to you or your account that is requested by any government, court or law enforcement agency. We are not obliged to verify or validate the identity or authority of any such government, court or law enforcement agency if it appears to us, acting in good faith, to be legitimate.

25.9 Changes to these Terms: We may change these Terms at any time and for reason in our sole discretion.

LAST UPDATE TO THESE TERMS AND CONDITIONS: 2January 2021