Terms and Conditions
Kindly comply with Terms and Conditions
REGISTRATION
Sign-up for free by selecting location or virtual link. Establish your own account by using your email address and create a password. Your account can be utilised for all members of the family.
RESERVATIONS/ PACKAGES
Once logged in, you can then purchase packages which are either:group, private, virtual or school term.Upon which you will then be issued with session credits (i.e. 1 session= 1 credit), to enable you to make reservations. On our schedule page you may reserve classes for up to 14 days.Packages commence from the purchase date and are valid for a set period of time (days) until they expire.
Additional information for Virtual classes:
1. Require client to sign-up to own Zoom account.
2. Then via your Oz Team account, go to our schedule page & reserve class. You will be able to view booking in your account menu reservation feature with a virtual class Zoom link.
3. From your smart phone (android or iPhone) or other device, setup so we can see you & click the Zoom link to start class. Note, for productivity use wireless earbuds (headphones) to hear & communicate with us while we analyse your game.
4. You may conduct class either on court playing with other player/ using ball machine/ wall/ rebound net or off court shadow drills.
CANCELLATION, REFUND AND CREDIT RETURN POLICY
Log into your account, find menu then reservation and next to the class you wish to cancel, press ‘cancel’.You may cancel a booking up to 12 hours prior to class and receive a return of your credit. If you cancel your booking within less than 12 hours notice, you will lose your credit.We reserve the right to cancel any group or private class.If we cancel any class, your credit will be returned.At the coaches discretion, a client’s class may be cancelled due to their health or injury. No refunds are available. Credits are shareable and may be exchanged for other services of the same value.
GENERAL POLICIES
We may close on declared national public holidays.
Due to professional liability, attendance of all classes is restricted to a coach and player only.
To maintain focus and intellectual property, no cameras or filming is permitted.
Please note, failing to comply with Oz Team terns and conditions can result in cancellation, suspension or termination of your package.
TERMS OF SERVICE
Oz Team (the “Oz Team”) is owned and operated by Scivetti Management SDN BHD.These Terms of Service (“Terms”) apply to your access to and use of the Oz Team website: oztennisteam.com (the “Website”) and mobile application (the “App”) provided by Oz Team, and our parent, subsidiaries and affiliates (collectively, “Oz Team,” “we” or “us”), and the features, services, and programs offered through the Website and the App (collectively with the Website and App, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, do not access or use our Service.These Terms do not alter in any way the terms or conditions of any other agreement you may have with Oz Team for products, services or otherwise, including enrolment agreements or program terms that apply to enrolment in or attendance at any Oz Team schools, camps, training, events, and other programs we offer (“Program Terms”).If you have any questions about these Terms, our Service, our events or programs, please contact us at: [email protected].
1. ELIGIBILITY
If you are accessing or using our Service you are deemed to have accepted these Terms.
2. USER CONTENT
Our Service may allow yo to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and Oz Team. You grant Oz Team a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content (b) the User Content is accurate and not misleading and (c) use and posting of the User Content you supply does not violate these Terms and will not violate nay rights of or cause injury to any person or entity.
3. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:· Engage in any harassing, threatening, intimidating, predatory or stalking conduct· Use or attempt to use another user’s account without authorization from that user and Oz Team· Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner· Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access· Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service·
Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service or· Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:· Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable· Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party· Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences· Impersonates, or misrepresents your affiliation with, any person or entity· Contains any unsolicited promotions, political campaigning, advertising or solicitations·
Contains any private or personal information of a third party without such third party’s consent· Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content or· Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Oz Team or others to any harm or liability of any type.Enforcement of the content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
4. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Oz Team or our Service or Oz Team Programs (collectively, “Feedback”) is non-confidential and will become the sole property of Oz Team. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. PROMOTION
Any and all offers or promotions advertised on this Service are null and void where prohibited and are subject to the posting of any official rules to such offers or promotions.
6. COPYRIGHT & TRADEMARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “OZ TEAM Content”) are owned by or licensed to Oz Team and are protected under both Malaysia, United States and foreign laws. Except as explicitly stated in these Terms, Oz Team and our licensors reserve all rights in and to the Service and the Oz Team Content. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Oz Team Content for your own personal use however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or Oz Team Content (b) copy, reproduce, distribute, publicly perform or publicly display Oz Team Content, except as expressly permitted by us or our licensors (c) modify the Oz Team Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or Oz Team Content (d) use any data mining, robots or similar data gathering or extraction methods and (e) use the Service or Oz Team Content other than for their intended purposes. Any use of the Service or Oz Team Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
7. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you visit Oz Team premises or attend Oz Team Programs, you may enter an area where photography and audio and video recordings may occur. By entering the Oz Team premises or attending Oz Team Programs, you consent to such photography and audio and video recording and you release Oz Team for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Oz Team premises.
8. COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Service and terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We also may, at our sole discretion, limit access to the Service and our Service or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Service infringes any copyright that you own or control, you may notify Oz Team Designated Agent as follows:
Designated Tania Scivetti
Address: M-2-20 (1st Floor),
Plaza Damas 60, Jalan Sri Hartamas,Sri Hartamas,
50480 Kuala Lumpur, Malaysia
Telephone Number: +60362032811
Fax Number: +603.2181.2810
E-Mail Address: [email protected]
Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Oz Team for certain costs and damages.
9. INDEMNIFICATION
You will indemnify, defend, and hold harmless Oz Team and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ Oz Team parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service (b) your User Content (c) your violation of these Terms or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Oz Team or the other Oz Team Parties.
10. DISCLAIMERS
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Oz Team does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While Oz Team attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.v
11. LIMITATION OF LIABILITY
Oz Team and the other Oz Team Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Oz Team or the other Oz Team Parties have been advised of the possibility of such damages.The total liability of Oz Team and the other Oz Team Parties for any claim arising out of or relating to these Terms, our Service, or any Oz Team Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the Oz Team Program.The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Oz Team or the other Oz Team Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12. RELEASE
12.1 To the fullest extent permitted by applicable law, you release Oz Team and the other Oz Team Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
12.2 Upon purchasing a package or making a payment on our website, I hereby agree that Oz Team and Scivetti Management Sdn Bhd and their employees or consultants are released absolutely from all liability and responsibility for injury, damages, illness, accident, death howsoever arising which may occur to myself/my child/my children/my ward at any time during the tennis lesson or program. I agree to indemnify and keep indemnified Oz Team and Scivetti Management Sdn Bhd and their employees or consultants from and against all liability, damages and costs of defending such claims whatsoever in respect thereof.
13. TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to Malaysia and other countries, where you may not have the same rights and protections as you do under local law.
14. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service and Oz Team Programs will be governed by, construed and enforced in accordance with the laws of Malaysia and the choice of law shall be the laws of Malaysia.
15. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
16. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
17. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
18. MISCELLANEOUS
18.1 These Terms, together with any applicable Program Terms, constitute the entire agreement between you and Oz Team relating to your access to and use of our Service. The failure of Oz Team to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
18.2 Upon purchasing a package or making a payment on our Oz Team website, I hereby agree that Oz Team and Scivetti Management Sdn Bhd and their employees or consultants are released absolutely from all liability and responsibility for injury, damages, illness, accident, death howsoever arising which may occur to myself/my child/my children/my ward at any time during the tennis lesson or program. I agree to indemnify and keep indemnified Oz Team and Scivetti Management Sdn Bhd and their employees or consultants from and against all liability, damages and costs of defending such claims whatsoever in respect thereof.
REGISTRATION
Sign-up for free by selecting location or virtual link. Establish your own account by using your email address and create a password. Your account can be utilised for all members of the family.
RESERVATIONS/ PACKAGES
Once logged in, you can then purchase packages which are either:group, private, virtual or school term.Upon which you will then be issued with session credits (i.e. 1 session= 1 credit), to enable you to make reservations. On our schedule page you may reserve classes for up to 14 days.Packages commence from the purchase date and are valid for a set period of time (days) until they expire.
Additional information for Virtual classes:
1. Require client to sign-up to own Zoom account.
2. Then via your Oz Team account, go to our schedule page & reserve class. You will be able to view booking in your account menu reservation feature with a virtual class Zoom link.
3. From your smart phone (android or iPhone) or other device, setup so we can see you & click the Zoom link to start class. Note, for productivity use wireless earbuds (headphones) to hear & communicate with us while we analyse your game.
4. You may conduct class either on court playing with other player/ using ball machine/ wall/ rebound net or off court shadow drills.
CANCELLATION, REFUND AND CREDIT RETURN POLICY
Log into your account, find menu then reservation and next to the class you wish to cancel, press ‘cancel’.You may cancel a booking up to 12 hours prior to class and receive a return of your credit. If you cancel your booking within less than 12 hours notice, you will lose your credit.We reserve the right to cancel any group or private class.If we cancel any class, your credit will be returned.At the coaches discretion, a client’s class may be cancelled due to their health or injury. No refunds are available. Credits are shareable and may be exchanged for other services of the same value.
GENERAL POLICIES
We may close on declared national public holidays.
Due to professional liability, attendance of all classes is restricted to a coach and player only.
To maintain focus and intellectual property, no cameras or filming is permitted.
Please note, failing to comply with Oz Team terns and conditions can result in cancellation, suspension or termination of your package.
TERMS OF SERVICE
Oz Team (the “Oz Team”) is owned and operated by Scivetti Management SDN BHD.These Terms of Service (“Terms”) apply to your access to and use of the Oz Team website: oztennisteam.com (the “Website”) and mobile application (the “App”) provided by Oz Team, and our parent, subsidiaries and affiliates (collectively, “Oz Team,” “we” or “us”), and the features, services, and programs offered through the Website and the App (collectively with the Website and App, our “Service”). By accessing or using our Service, you agree to these Terms. If you do not agree to these Terms, do not access or use our Service.These Terms do not alter in any way the terms or conditions of any other agreement you may have with Oz Team for products, services or otherwise, including enrolment agreements or program terms that apply to enrolment in or attendance at any Oz Team schools, camps, training, events, and other programs we offer (“Program Terms”).If you have any questions about these Terms, our Service, our events or programs, please contact us at: [email protected].
1. ELIGIBILITY
If you are accessing or using our Service you are deemed to have accepted these Terms.
2. USER CONTENT
Our Service may allow yo to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, "User Content"). Except for the license you grant below, and Feedback as set forth in Section 4 below, you retain all rights in and to your User Content, as between you and Oz Team. You grant Oz Team a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username) may be visible to the public. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content (b) the User Content is accurate and not misleading and (c) use and posting of the User Content you supply does not violate these Terms and will not violate nay rights of or cause injury to any person or entity.
3. PROHIBITED CONDUCT AND CONTENT
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Service. You will not:· Engage in any harassing, threatening, intimidating, predatory or stalking conduct· Use or attempt to use another user’s account without authorization from that user and Oz Team· Use our Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Service or that could damage, disable, overburden or impair the functioning of our Service in any manner· Reverse engineer any aspect of our Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Service· Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Service that you are not authorized to access· Develop any third-party applications that interact with our Service without our prior written consent, including any scripts designed to scrape or extract data from our Service·
Bypass or ignore instructions contained in the robots.txt file that controls automated access to portions of our Service or· Use our Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.You may also only post or otherwise share content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any content that:· Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable· Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law· May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party· Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences· Impersonates, or misrepresents your affiliation with, any person or entity· Contains any unsolicited promotions, political campaigning, advertising or solicitations·
Contains any private or personal information of a third party without such third party’s consent· Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content or· Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Service, or that may expose Oz Team or others to any harm or liability of any type.Enforcement of the content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
4. FEEDBACK
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Oz Team or our Service or Oz Team Programs (collectively, “Feedback”) is non-confidential and will become the sole property of Oz Team. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
5. PROMOTION
Any and all offers or promotions advertised on this Service are null and void where prohibited and are subject to the posting of any official rules to such offers or promotions.
6. COPYRIGHT & TRADEMARK
Our Service and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “OZ TEAM Content”) are owned by or licensed to Oz Team and are protected under both Malaysia, United States and foreign laws. Except as explicitly stated in these Terms, Oz Team and our licensors reserve all rights in and to the Service and the Oz Team Content. You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Service and Oz Team Content for your own personal use however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service or Oz Team Content (b) copy, reproduce, distribute, publicly perform or publicly display Oz Team Content, except as expressly permitted by us or our licensors (c) modify the Oz Team Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service or Oz Team Content (d) use any data mining, robots or similar data gathering or extraction methods and (e) use the Service or Oz Team Content other than for their intended purposes. Any use of the Service or Oz Team Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
7. NOTICE OF PHOTOGRAPHY AND AUDIO AND VIDEO RECORDINGS
When you visit Oz Team premises or attend Oz Team Programs, you may enter an area where photography and audio and video recordings may occur. By entering the Oz Team premises or attending Oz Team Programs, you consent to such photography and audio and video recording and you release Oz Team for any liability connected therewith. You acknowledge that you have no expectation of privacy while on the Oz Team premises.
8. COPYRIGHT COMPLAINTS
We have a policy of limiting access to the Service and terminating, in appropriate circumstances, the accounts of users who are deemed to be repeat infringers. We also may, at our sole discretion, limit access to the Service and our Service or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement. If you believe that anything on the Service infringes any copyright that you own or control, you may notify Oz Team Designated Agent as follows:
Designated Tania Scivetti
Address: M-2-20 (1st Floor),
Plaza Damas 60, Jalan Sri Hartamas,Sri Hartamas,
50480 Kuala Lumpur, Malaysia
Telephone Number: +60362032811
Fax Number: +603.2181.2810
E-Mail Address: [email protected]
Please note that if you knowingly misrepresent that any activity or material on our Service is infringing, you may be liable to Oz Team for certain costs and damages.
9. INDEMNIFICATION
You will indemnify, defend, and hold harmless Oz Team and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “ Oz Team parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (including attorney’s fees) arising out of or related to (a) your access to or use of our Service (b) your User Content (c) your violation of these Terms or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Oz Team or the other Oz Team Parties.
10. DISCLAIMERS
We do not control, endorse or take responsibility for any third-party content available on or linked to by our Service, including User Content.Your use of our Service is at your sole risk. Our Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Oz Team does not represent or warrant that our Service is accurate, complete, reliable, current or error-free. While Oz Team attempts to make your access to and use of our Service safe, we cannot and do not represent or warrant that our Service or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Service.v
11. LIMITATION OF LIABILITY
Oz Team and the other Oz Team Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Oz Team or the other Oz Team Parties have been advised of the possibility of such damages.The total liability of Oz Team and the other Oz Team Parties for any claim arising out of or relating to these Terms, our Service, or any Oz Team Program, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Service or for the Oz Team Program.The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Oz Team or the other Oz Team Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
12. RELEASE
12.1 To the fullest extent permitted by applicable law, you release Oz Team and the other Oz Team Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have, as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.
12.2 Upon purchasing a package or making a payment on our website, I hereby agree that Oz Team and Scivetti Management Sdn Bhd and their employees or consultants are released absolutely from all liability and responsibility for injury, damages, illness, accident, death howsoever arising which may occur to myself/my child/my children/my ward at any time during the tennis lesson or program. I agree to indemnify and keep indemnified Oz Team and Scivetti Management Sdn Bhd and their employees or consultants from and against all liability, damages and costs of defending such claims whatsoever in respect thereof.
13. TRANSFER AND PROCESSING OF DATA
By accessing or using the Service, you consent to the processing, transfer and storage of information about you in and to Malaysia and other countries, where you may not have the same rights and protections as you do under local law.
14. GOVERNING LAW AND VENUE
These Terms and your access to and use of our Service and Oz Team Programs will be governed by, construed and enforced in accordance with the laws of Malaysia and the choice of law shall be the laws of Malaysia.
15. CHANGES TO THESE TERMS
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Service and update the “Last Updated” date above. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Service after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Service.
16. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service. We are not responsible for any loss or harm related to your inability to access or use our Service.
17. SEVERABILITY
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
18. MISCELLANEOUS
18.1 These Terms, together with any applicable Program Terms, constitute the entire agreement between you and Oz Team relating to your access to and use of our Service. The failure of Oz Team to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
18.2 Upon purchasing a package or making a payment on our Oz Team website, I hereby agree that Oz Team and Scivetti Management Sdn Bhd and their employees or consultants are released absolutely from all liability and responsibility for injury, damages, illness, accident, death howsoever arising which may occur to myself/my child/my children/my ward at any time during the tennis lesson or program. I agree to indemnify and keep indemnified Oz Team and Scivetti Management Sdn Bhd and their employees or consultants from and against all liability, damages and costs of defending such claims whatsoever in respect thereof.