RacketPal Terms And Conditions
Effective: February 18, 2019
These Terms of Service (“Terms”) are a contract between
you, the user of this website or mobile application, referred to
herein as the “Customer”, “you” or the “user” and RacketPal Limited, the owners of RacketPal’s website
and mobile application, referred to herein as “the Supplier” or “us” or “we”. They govern your use of RacketPal’s sites, services,
mobile apps, products, and content (“Services”).
By using RacketPal, you are agreeing to all Terms set out in this
document and any documents referred to herein. Please read all these
terms and conditions below. If you do not agree to these Terms, you
should not use RacketPal.
By using our content and Services, you will be agreeing to
RacketPal’s terms and conditions. Before creating an account on
our mobile application or website, you will be asked to agree to these
Terms and Conditions. If you do not agree to these terms, you should
not use our Services. You can only receive services from our mobile
application or website if you are eligible to enter into a contract
and are at least 13 years old. Nothing in these Terms can be applied
or transferred to any third party.
We reserve the right to change these Terms at any time. If a change
is material to your use of our services, we will let you know before
they take effect. By using RacketPal on or after the effective date of
a new Terms of Service contract, you are agreeing to the new Terms. If
you don’t agree to them, you should delete your account before
they take effect, otherwise your use of the site and content will be
subject to the new Terms. In the event of any conflict between these
Terms and Conditions and any prior versions thereof, the provisions of
these Terms and Conditions shall prevail unless it is expressly stated
Consumer means an individual acting for purposes which are wholly or
mainly outside his or her trade, business, craft or profession also
referred to herein as “Customer” and “you”;
User/ Users means any third party that accesses the mobile application or
website and is not employed by RacketPal and acting in the course of
RacketPal means RacketPal Limited trading as RacketPal 11 Bentfield Gardens,
London, United Kingdom, London, SE9 4PN with email address
firstname.lastname@example.org; telephone number 07799055624, a company
registered in England and Wales under number 11818671;
Contract means the legally-binding agreement between you and us for
the supply of the Services;
Delivery Location means the Supplier's premises or other location where the
Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows
information to be addressed personally to the recipient, enables the
recipient to store the information in a way accessible for future
reference for a period that is long enough for the purposes of the
information, and allows the unchanged reproduction of the
Goods means any goods that we supply to you with the Services, of
the number and description as set out in the Order;
Order means the Customer's order for the Services from the
Supplier as submitted following the step by step process set out on
confidential and personal information received from you via the
mobile application or website;
Services means the services advertised on the Website, including any
Goods, of the number and description set out in the Order, and any
use of RacketPal’s sites, services, mobile apps, products, and
Website means our website https://www.racketpal.co.uk/ on which the
Services are advertised;
Mobile Application means RacketPal’s software application and any design,
coding, and content which is designed to run on a mobile device such
as a phone, tablet, or watch.
The description of the Services and any Goods is as set out in the
website, mobile application, catalogues, brochures or other form of
advertisement. Any description is for illustrative purposes only and
there may be small discrepancies in the size and colour of any Goods
In the case of Services and any Goods made to your special
requirements, it is your responsibility to ensure that any
information or specification you provide is accurate.
All Services are subject to availability. We give no warranty that
the Service will be free of defects and / or faults.
We reserve the right to make changes to the Services which are
necessary to comply with any applicable law or safety requirement,
or for any other reason. These terms and conditions will apply to
any new changes.
RacketPal does not accept any liability for any disruption or
non-availability of the Website resulting from external causes
including, but not limited to, ISP equipment failure, host equipment
failure, communications network failure, power failure, natural
events, acts of war or legal restrictions and censorship.
3. User responsibilities
You can only receive services from our mobile application or
website if you are eligible to enter into a contract and are at
least 13 years old.
You may only use our products for your own personal use, and you
must not use our products for any other purposes (including
You may only use RacketPal for commercial purposes if you have been
registered and approved as a Partner or service provider.
You must not edit or otherwise modify any material on our products,
nor shall you:
republish material from our products (including republication on
another website or service);
sell, rent or sub-license material from our products;
show any material marked confidential from our products in
exploit material from our products for a commercial purpose;
redistribute material from our products.
You must co-operate with us in all matters relating to the
Services, provide us and our authorised employees and
representatives with access to any account under your control as
required, provide us with all information required to perform the
Services and obtain any necessary licences and consents (unless
When using the RacketPal Services and when submitting Content to
the Mobile Application or Website you should do so in accordance
with the following rules:
you must not use obscene or vulgar language;
you must not submit Content that is unlawful or otherwise
objectionable. This includes, but is not limited to, Content that is
abusive, threatening, harassing, defamatory, ageist, sexist or
you must not submit Content that is intended to promote or incite
it is advised that posts on message boards, chat facilities or
similar and communications with RacketPal are made using the English
language as we may be unable to respond to enquiries submitted in
any other languages;
content submissions are required to be made using the English
language. Content in any other language may be removed at our sole
you must not post links to other websites containing any of the
above types of Content;
the means by which you identify yourself must not violate these
Terms and Conditions or any applicable laws;
you must not engage in any form of commercial advertising. This
does not prohibit references to businesses for non-promotional
purposes including references where advertising may be
you must not impersonate other people, particularly employees and
representatives of RacketPal or our affiliates;
you must not submit material that may contain viruses or any other
software or instructions that may damage or disrupt other software,
computer hardware or communications networks; and
you must not use our System for unauthorised mass-communication
such as “spam” or “junk mail”.
3.7 Failure to comply with the above is a Customer default which
entitles us to suspend performance of the Services until you remedy it
or if you fail to remedy it following our request, we can terminate
the Contract with immediate effect without written notice to
4. Personal information and Account Registration
When registering to use the Website you must set up a username and
password. You remain responsible for all actions taken under the
chosen username and password and undertake not to disclose your
username and password to anyone else and keep them secret.
By continuing to use our services you represent that any
information you submit is accurate and truthful and that you will
keep this information accurate and up-to-date.
If your private username and password has been accessed by an
unauthorised user, you shall notify RacketPal in writing
You must not use any other person’s account to access our
products, without express permission from that account holder.
You must provide accurate information about yourself and your
identity when making an account or engaging in any communication or
while using our Services.
You must only create one account for personal use only, and no
other account for any commercial use, as stated above.
By submitting content, you represent that you are the author of
such Content or that you have acquired all the appropriate rights or
permissions to use the Content in this fashion. RacketPal accepts no
responsibility or liability for any infringement of third-party
rights by using, modifying, or removing such Content.
Unless otherwise agreed in writing by both parties, all Content
submitted by users is for publication on the Website and other such
uses as RacketPal may deem appropriate under a royalty-free,
RacketPal will not be liable in any way or under any circumstances
for any loss or damage that you may incur as a result of such
Content, nor for any errors or omissions in the Content. Use of and
reliance upon such Content is entirely at your own risk.
4.10 We retain and use all information strictly under the Privacy
4.11 We may contact you by using e-mail or other electronic
communication methods and by pre-paid post and you expressly agree to
4.12 You acknowledge that any information you send to us through our
System may be modified by us in any way and you hereby waive your
moral right to be identified as the author of such information. Any
restrictions you may wish to place upon our use of such information
must be communicated to us in advance and we reserve the right to
reject such terms and associated information.
We reserve all rights to all content on our mobile application and
website, including but not limited to, any branding, graphics icons,
logos, video clips, page design or layout, underlying code, software
advertising or material is property of RacketPal. By continuing to
use the Website you acknowledge that such material is protected by
applicable United Kingdom and International intellectual property
and other laws.
You may not copy or adapt any portion of our code or visual design
elements (including logos) without express written permission from
RacketPal unless otherwise permitted by law.
- You agree that:
you will not use the Content of the Website for commercial
you will not systematically copy Content from the Website with a
view to creating or compiling any form of comprehensive collection,
compilation, directory or database unless given express written
permission to do so by RacketPal.
6. Termination and suspension
We can, without notice, restrict, edit, suspend or terminate your
account and any use of an associated account with your identity for
any good cause, including, but not limited to:
- A breach of this agreement;
your illegal or fraudulent use of our service;
your interference with our operations;
If you or any user of your account threatens, harasses, or use
vulgar/ inappropriate language toward any of our representatives or
other users of the mobile application or website;
If you ‘spam’ or engage in aggressive
If you use our service in a way that negatively affects our
7. Other Websites
RacketPal’s mobile application and website may contain links
to other websites. RacketPal does not assume any responsibility for
the content of such websites and disclaim liability for any and all
forms of loss or damage arising out of the use of them.
As a User, you understand that by including links to other websites
does not imply that RacketPal endorses or promotes other websites
and RacketPal indemnifies itself from damage that may arise from any
form of reliance on the content of these other websites.
As a user of RacketPal, you may link your account with other
third-party social web services including, without limitation to,
Facebook and Twitter, which are subject to their own Terms and
Conditions. If you decide to link your account with other
third-party social web services using our mobile application or
website, you agree that we may receive the personal information you
have provided to those third-party social web services (including,
without limitation to, your name, profile picture, email address and
all other information you have chosen to provide). You understand
and agree that this personal information will be collected by
RacketPal and will appear in your profile.
Your privacy is critical to us. We respect your privacy and comply
with the General Data Protection Regulation regarding your personal
These Terms and Conditions should be read alongside, and are in
above or visit our website.
By accepting these Terms, you are giving consent to RacketPal to
place cookies on your device.
For the purposes of these Terms and Conditions:
'Data Protection Laws' means any applicable law relating to
the processing of Personal Data, including, but not limited to the
Directive 95/46/EC (Data Protection Directive) or the GDPR.
'GDPR' means the General Data Protection Regulation (EU)
'Data Controller', 'Personal Data' and 'Processing' shall have the
same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in
providing the Services to you.
Where you supply Personal Data to us so we can provide Services to
you, and we Process that Personal Data in the course of providing
the Services to you, we will comply with our obligations imposed by
the Data Protection Laws:
before or at the time of collecting Personal Data, we will identify
the purposes for which information is being collected;
we will only Process Personal Data for the purposes
we will respect your rights in relation to your Personal Data;
we will implement technical and organisational measures to ensure
your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can
contact the company founder at the following e-mail address: email@example.com.
RacketPal reserves the right to monitor any and all communications
made to us or using our System.
Content submitted by Users is not screened by RacketPal prior to
appearing online. We retain the right to exercise our sole
discretion to remove or relocate any Content as we deem appropriate
without the consent of the author. We shall be under no obligation
to exercise such discretion. If you wish to enquire as to the
removal of Content, please submit your query firstname.lastname@example.org.
This does not constitute an undertaking to explain our
RacketPal may retain copies of any and all communications made to
us or using our System.
All notices / communications shall be given to us either by post to
our Premises (see address above) or by email to (email address).
Such notice will be deemed received 3 days after posting if sent by
first class post, the day of sending if the email is received in
full on a business day and on the next business day if the email is
sent on a weekend or public holiday.
RacketPal may from time to time send you information about our
products and/or services. We may also send you information regarding
your account activity and purchases, as well as updates about the
Website and Service as well as other promotional offers. You can
always opt-out of our promotional e-mails at any time by clicking
the unsubscribe link at the bottom of any of such e-mail
correspondence; or you can opt-out of any marketing emails by
managing your notifications, which is available as part of your
10. Basis of Sale
The description of the Services and any Goods in our website does
not constitute a contractual offer to sell the Services or Goods.
When an Order has been submitted on our mobile application or
website, we can reject it for any reason, although we will try to
tell you the reason without delay.
The Order process is set out on the Website. Each step allows you
to check and amend any errors before submitting the Order. It is
your responsibility to check that you have used the ordering process
A Contract will be formed for the Services requested or Goods
Purchased only when you receive an email from us confirming the
Order (Order Confirmation). You must ensure that the Order Confirmation is complete and
accurate and inform us immediately of any errors. We are not
responsible for any inaccuracies in the Order placed by you. By
placing an Order, you agree to us giving you confirmation of the
Contract by means of an email with all information in it (i.e. the
Order Confirmation). You will receive the Order Confirmation within
a reasonable time after making the Contract, but in any event not
later than the delivery of any Goods supplied under the Contract,
and before performance begins of any of the Services.
Any quotation or estimate of Fees (as defined below) is valid for a
maximum period of 14 days from its date, unless we expressly
withdraw it at an earlier time.
No variation of the Contract, whether about description of the
Services, Fees or otherwise, can be made after it has been entered
into unless the variation is agreed by the Customer and the Supplier
We intend that these Terms and Conditions apply only to a Contract
entered into by you as a Consumer or User. If this is not the case,
you must tell us, so that we can provide you with a different
contract with terms which are more appropriate for you and which
might, in some respects, be better for you, e.g. by giving you
rights as a business.
11. Fees and Payment
The fees (Fees) for the Services, the price of any Goods (if not included in the
Fees) and any additional delivery or other charges is that set out
on the mobile application or Website at the date we accept the Order
or such other price as we may agree in writing. Prices for Services
may be calculated on a fixed price or on a standard daily rate
Fees and charges include VAT at the rate applicable at the time of
You must pay by submitting your credit or debit card details with
your Order and we can take payment immediately or otherwise before
delivery of the Services.
We will deliver the Services, including any Goods, to the Delivery
Location by the time or within the agreed period or, failing any
in the case of Services, within a reasonable time; and
in the case of Goods, without undue delay and, in any event, not
more than 30 days after the day on which the Contract is entered
In any case, regardless of events beyond our control, if we do not
deliver the Services on time, you can require us to reduce the Fees
or charges by an appropriate amount (including the right to receive
a refund for anything already paid above the reduced amount). The
amount of the reduction can, where appropriate, be up to the full
amount of the Fees or charges. RacketPal determines what is an
appropriate reduction in Fees.
In any case, regardless of events beyond our control, if we do not
deliver the Goods on time, you can (in addition to any other
remedies) treat the Contract at an end if:
we have refused to deliver the Goods, or if delivery on time is
essential taking into account all the relevant circumstances at the
time the Contract was made, or you said to us before the Contract
was made that delivery on time was essential; or
after we have failed to deliver on time, you have specified a
later period which is appropriate to the circumstances and we have
not delivered within that period.
If you treat the Contract at an end, we will (in addition to
other remedies) promptly return all payments made under the
If you were entitled to treat the Contract at an end, but do
not do so, you are not prevented from cancelling the Order for any
Goods or rejecting Goods that have been delivered and, if you do
this, we will (in addition to other remedies) without delay return
all payments made under the Contract for any such cancelled or
rejected Goods. If the Goods have been delivered, you must return
them to us or allow us to collect them from you and we will pay the
costs of this.
12.10 If any Goods form a commercial unit (a unit is a commercial
unit if division of the unit would materially impair the value of the
goods or the character of the unit) you cannot cancel or reject the
Order for some of those Goods without also cancelling or rejecting the
Order for the rest of them.
12.11 We do not generally deliver to addresses outside England and
Wales, Scotland, Northern Ireland, the Isle of Man and Channels
Islands. If, however, we accept an Order for delivery outside that
area, you may need to pay import duties or other taxes, as we will not
12.12 You agree we may deliver the Goods in instalments if we suffer
a shortage of stock or other genuine and fair reason, subject to the
above provisions and provided you are not liable for extra
If you or your nominee fail, through no fault of ours, to
take delivery of the Services at the Delivery Location, we may
charge the reasonable costs of storing and redelivering them.
The Goods will become your responsibility from the completion of
delivery or Customer collection. You must, if reasonably
practicable, examine the Goods before accepting them.
13. Risk and Title
Risk of damage to, or loss of, any Goods will pass to you when the
Goods are delivered to you.
You do not own the Goods until we have received payment in full. If
full payment is overdue or a step occurs towards your bankruptcy, we
can choose, by notice to cancel any delivery and end any right to
use the Goods still owned by you, in which case you must return them
or allow us to collect them.
We have a legal duty to supply the Goods in conformity with the
Contract, and will not have conformed if it does not meet the
Upon delivery, the Goods will:
- be of satisfactory quality;
be reasonably fit for any particular purpose for which you buy the
Goods which, before the Contract is made, you made known to us
(unless you do not actually rely, or it is unreasonable for you to
rely, on our skill and judgment) and be fit for any purpose held out
by us or set out in the Contract; and
conform to their description.
It is not a failure to conform if the failure has its origin in
We will supply the Services with reasonable skill and care.
In relation to the Services, anything we say or write to you, or
anything someone else says or writes to you on our behalf, about us
or about the Services, is a term of the Contract (which we must
comply with) if you take it into account when deciding to enter this
Contract, or when making any decision about the Services after
entering into this Contract. Anything you take into account is
subject to anything that qualified it and was said or written to you
by us or on behalf of us on the same occasion, and any change to it
that has been expressly agreed between us (before entering this
Contract or later).
15. Circumstances beyond the control of either party
15.1 In the event of any failure by a party because of something
beyond its reasonable control:
the party will advise the other party as soon as reasonably
the party's obligations will be suspended so far as is
reasonable, provided that that party will act reasonably, and the
party will not be liable for any failure which it could not
reasonably avoid, but this will not affect the Customer's above
rights relating to delivery (and the right to cancel below).
16.1 RacketPal makes no express or implied warranty or representation
that our mobile application or website will meet your requirements,
that it will be of satisfactory quality, that it will be fit for a
particular purpose, that it will not infringe the rights of third
parties, that it will be compatible with all systems, that it will be
secure and that all information provided will be accurate. We make no
guarantee of any specific results from the use of our Services.
16. 2 No part of this mobile application or website is intended to
constitute advice, nor should the content be relied upon when making
any decisions or taking any action of any kind. The user accepts that
they use our Services at their own risk.
16.3 The information on the mobile application and website is not
designed with commercial purposes in mind. Commercial use of the
Content of the mobile application or website is forbidden under
sub-Clause 3.2 of these Terms and Conditions. Any such use constitutes
a breach of these Terms and Conditions and RacketPal makes no
representation or warranty that this Content is suitable for use in
commercial situations or that it constitutes accurate data and / or
advice on which business decisions can be based.
16.4 Whilst every effort has been made to ensure that all
descriptions of services available from RacketPal correspond to the
actual services available, RacketPal is not responsible for any
variations from these descriptions.
16.5 Whilst RacketPal uses reasonable endeavours to ensure that the
mobile application and website is secure and free of errors, viruses
and other malware, all Users are responsible for their own security,
that of their personal details and their computers when accessing our
mobile application, website, or third-party sites.
17. Excluding liability
RacketPal does not exclude liability for: (i) any fraudulent act or
omission; or (ii) death or personal injury caused by negligence or
breach of the RacketPal’s other legal obligations. Subject to
this, we are not liable for (i) loss which was not reasonably
foreseeable to both parties at the time when the Contract was made,
or (ii) loss (e.g. loss of profit) to your business, trade, craft or
profession which would not be suffered by a Consumer - because we
believe you are not using our services for your business, trade,
craft or profession.
You and RacketPal both agree to limit claims against each
other solely to direct damages. Neither of us will claim any damages
that are indirect, special, consequential, incidental, treble, or
punitive. For instance, any unauthorized access, use, or changes to
You and RacketPal both agree to resolve disputes only by
arbitration or in small claims court. You understand that by
agreeing to this, you are giving up your right to bring a claim in
court in front of a jury. While the procedures may be different, an
arbitrator can award the same damages and relief, and must honour
the same terms in this agreement, as the court would. Unless agreed
otherwise in writing, the arbitration will take place in the county
closest to RacketPal’s registered office.
This agreement does not allow class or collective
arbitrations, even if other relevant legislation governing
arbitration would. Any question regarding the enforceability of this
agreement shall be decided by a courtroom judge and not an
If either party decides to seek arbitration under this
agreement, the party seeking the arbitration must first notify the
other party of the dispute in writing at least 30 days in advance of
initiating the arbitration. Notice must describe the nature of the
claim and the relief being sought. It must be sent to the company
founder at the registered address above. If we are unable to resolve
the dispute within these 30 days, either party may then proceed to
file a claim for arbitration.
18. No Waiver
In the event that any party to these Terms and Conditions
fails to exercise any right or remedy contained
herein, this shall not be construed as a waiver of that right or
19. Governing Law, Jurisdiction and Complaints
The Contract (including any non-contractual matters) is
governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts
of England and Wales or, where the Customer lives in Scotland or
Northern Ireland, in the courts of respectively Scotland or Northern
We try to avoid any dispute, so we deal with complaints as
follows: If a dispute occurs customers should contact us to find a
solution. We will aim to respond with an appropriate solution within
These terms and conditions were created using a document from
Rocket Lawyer: (https://www.rocketlawyer.co.uk).