Terms & Conditions

Terms and Conditions of oncourt.online

Terms and Conditions of oncourt.online
These Terms govern the use of oncourt.online, and, any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Oncourt.online is provided by:
DPO
OnCourt UK
Lifestyle Systems Ltd
The Hollies
Station Road
Chilbolton nr Stockbridge
SO20 6AL

dpo@oncourt.online

What the User should know at a glance

The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using oncourt.online.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using oncourt.online, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner.
Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by oncourt.online.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:
By directly contacting the Owner at the contact details provided in this document.

Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on oncourt.online

Unless where otherwise specified or clearly recognizable, all content available on oncourt.online is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on oncourt.online infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on oncourt.online – All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on oncourt.online, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
Where explicitly stated on oncourt.online, the User may download, copy and/or share some content available through oncourt.online for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through oncourt.online Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

Oncourt.online and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of oncourt.online and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to oncourt.online or the Service, terminating contracts, reporting any misconduct performed through oncourt.online or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.

OnCourt Product Terms of Sale and Warranty – United Kingdom

This Site, images and the Products are Copyright ©2021 Lifestyle Systems Ltd. OnCourt is the UK
trading name of Lifestyle Systems Ltd (company number 11487372), collectively “OnCourt”. All rights
reserved.

Last updated: 28 May 2021

This Product Terms of Sale and Warranty (“Agreement”) applies to the purchases you make through
the OnCourt website that are provided in the United Kingdom and Europe and that link to this
Agreement (“Site”). This Agreement is a legal agreement between you and OnCourt and its corporate
affiliates, subsidiaries, and divisions as may change from time to time (collectively, “OnCourt,” “we,”
“us,” and “our”). By checking the agreement box, you are fully accepting and committing to the terms
contained herein and without exception. This Agreement applies to the purchases of Products and
Services (collectively “Products and Services”) on or through our Site and directly through any other
means to OnCourt, including letter, fax, telephone call, through a visit to our offices or any other form
of communication to purchase our Products and Services. Based on your territory and/or the delivery
territory of the Products and Services, a different version of this Agreement may apply. If this is the
case, such different version will be presented to you on the Site at the point of purchase or if not on
the Site, at the point of purchase. This Agreement is to be read in conjunction with our Website Terms
and Conditions (“Terms”) and both this Agreement and the Website Terms and Conditions apply
together and in full.

PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND
EXCLUSIONS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ORDER OR PURCAHSE
OUR PRODUCTS AND SERVICES.

1. Price and availability
Some of the Products and Services featured on the Site are displayed for promotional purposes only
and may not be available for purchase through the Site. All Products and Services offered for
purchase on the Site are subject to availability. The prices stated for such Products and Services are
subject to change without notice. Any OnCourt publication may include technical inaccuracies or
typographical errors. OnCourt shall not be held responsible for any pricing, typographical, or other
errors in such publications. Changes may be periodically made to these publications. These changes
will be incorporated in new editions of these publications. OnCourt may make improvements and/or
changes in the Products and Services and/or the programs described in these publications at any
time without notice.

2. Promotional offers
All promotional offers made on the Site are limited to purchases made from OnCourt and its
participating authorised dealers and are subject to the conditions of the offer. Purchases must be
made during the specified promotional period to qualify; separate terms may be provided for any
promotional offers.

3. Order acceptance
We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage
of the online ordering process, including after an order has been submitted and whether or not the
order has been confirmed. Unless otherwise agreed to by OnCourt, payment must be received by
OnCourt prior to acceptance of an order. Notwithstanding the foregoing, OnCourt may in its discretion
choose not to charge your credit card until your order has been shipped. OnCourt may process
payment for shipped parts of an order separately. Some situations that may result in cancellation
include limitations on quantities available for purchase, inaccuracies or errors in Products and
Services or pricing information, or problems identified by our credit and fraud avoidance procedures.
We may also require additional verifications or information before accepting any order. We will
attempt to contact you if all or any portion of your order is cancelled or modified, or if additional
information is required to accept your order.

4. Resale and intellectual property
4.1 Resale
Purchases made on the Site are intended for end users only. Products and Services sold through the
Site are not authorised for resale or export. The resale of or offer to sell a new OnCourt patented
product without the authority of OnCourt is an infringement of OnCourt patent and other intellectual
property rights.
4.2 Intellectual property and other rights
OnCourt retains all intellectual property rights, copyrights, images, logos, designs and trademarks in
all Products and Services including customised and unique Products and Services ordered by
customers and belonging to OnCourt at the time of and after purchase and/or installation. Any use of
the intellectual property rights, copyrights, images, logos, trademarks, designs other than for personal
use and the intended use of the Products and Services is an infringement of our retained intellectual
property rights (i.e. for recreational enjoyment). For the avoidance of doubt, an infringement may
include but is not limited to the distribution, marketing of, resale of, branding, giving away, gifting,
and/or passing-off of such intellectual property.
The submission of your order shall constitute your full acceptance of these restrictions on resale and
intellectual property. Your purchase may not be sold, leased, or transferred to other countries, other
persons, other organisations or entities (corporate or otherwise), restricted countries, restricted end
users, or for restricted end uses according to applicable laws.

5. Payment methods and financing options
For your convenience, we offer a wide array of payment methods to complete your purchase on the
OnCourt website. Credit/debit cards: We accept the following credit and debits cards:
VISA – MASTERCARD
The payment amount is authorised and held by your financial institution at the time you place your
order. Unless otherwise agreed to or directed by OnCourt, payment must be received by OnCourt
prior to acceptance of an order. Notwithstanding the foregoing, OnCourt may in its discretion choose
not to charge your credit card until your order has been shipped. Please note: Authorised and held
amounts will not be available for other purchases. If an order is cancelled, the authorisation hold will
expire in accordance with the terms of your bank or financial institution.

6. Order Confirmations and Cancellations
6.1. Order confirmation
Once you place your order at the end of the checkout process, we will confirm your transaction with
an order number. We will also send you an order confirmation by email. We recommend that you print
and save a copy of this page for your records.
6.2. Change or cancel an order
We aim to process orders quickly and there is only a brief period of time during which you may
change or cancel an order. We do not guarantee that we can change or cancel an order before it is
shipped, but please contact us via email at info@oncourt.online and we will try to accommodate your
request.
If your order has already shipped, you may refuse delivery and the order will be returned to OnCourt.
With some Products and Services, you may have the right to cancel the purchase and return or
exchange the OnCourt Products and Services, details can be found in Section 9 and 10 below. When
we receive it, we will credit the Products and Services purchase amount price back to your original
payment method less any original shipping and handling fees. Please note that we will not cover the
cost of any shipping and handling fees for returning the Products and Services.

7. Shipping and delivery
7.1 Shipping charges
Shipping charges are based on the shipping method you choose and the size of your Products and
Services order. When you make a purchase, the shipping charge is estimated in your basket, and will
be presented to you during the checkout process. Product title passes to you when the Products and
Services are shipped.
7.2 Estimated delivery date
During the checkout process you may be provided with an estimated shipping and/or delivery date.
Please note that the estimated delivery date is based on variables that may be outside of our control
(for example force majeure events) and therefore we do not guarantee that this estimate is accurate
and do not accept any responsibility and will provide no form of compensation or damages (monetary
or otherwise) for such inaccuracy or delay in shipping and delivery*.
*We strive to keep all products sold on the Site in stock, but high demand occasionally results in
delayed shipment. Estimated delivery dates and times will be based on the current stock status,
estimated production time, and estimated installation lead time of the Products and Services ordered.
We cannot guarantee that these times will be accurate due to events outside our control including, but
not limited to, force majeure events, strikes, limitations on manufacturing, procurement, and supplies
and supplier delays.
7.3 Delivery
Standard shipping for Products and Services purchased on or through the Site is fulfilled by third party
hauliers. Most standard Products and Services shipments are delivered in five to ten days from the
shipping date (applies only to in-stock items; subject to carrier delay and excludes order processing
and manufacturing times where applicable).
7.4 Packaging
Not that the copyright© 2021 OnCourt Products and Services may come in distinctive packaging that
showcases Product images, names, and features.
7.5 Delivery signature
In some cases, a signature is required before a package can be left at your location. The delivery
driver decides if a signature is needed, based on location, weather conditions and other factors. If you
receive a notice stating delivery was attempted while you were out, please follow instructions
regarding an alternative delivery date or package pick-up.
7.6 Delivery issues
If the product is not delivered or is delivered damaged, you can contact us via email at:
info@oncourt.online. Please be sure to provide us with your order number and details of any issue
when contacting us via email.

8. Order Tracking
Track your order status by logging into your account via the OnCourt Site. Order information may not
appear in the tracking system until shipment. You will need to wait at least 24 hours after receiving
your shipping confirmation email to track your shipment.

9. Returns and exchanges for Products and Services (excluding Courts and/or Pitches)
This section 9 does not apply to the purchase of the Courts/Pitches and any associated costs, parts,
labour, Products or works including installation of the sub-base, surfacing and the Products and
Services installed on or into the Courts/Pitches.
This section applies to Products and Services purchased on our Site. The Products and Services will
leave our possession in good working order and a fit state. You have seven (7) days to notify OnCourt
of any missing, wrong, defect, or damaged Products and Services. Following such notification, you
have fourteen (14) days to return the Products and Services in full in the same unused condition to
the OnCourt office address (the “Period”). If you fail to notify us within (7) days and return the
Products and Services within the Period it will be deemed that you have accepted the Products and
Services in full and there will be no right to a refund, replacement or exchange notwithstanding these
Terms. Furthermore, OnCourt will not be held responsible for any of the defects or issues with the
Products and Services or such failure to return the Products and Services outside of this Period.
Please note that we will not cover the cost of any shipping and handling fees for returning the
Products and Services.

10. No returns or exchange for Products and Services applying only to
Courts and/or Pitches (“Complete Court Installation”)

This section 10 only applies to the purchase of the Courts/Pitches and any associated costs, parts,
labour, Products or works including installation of the sub-base, surfacing and the Products and
Services installed on or into the Court/Pitches.
This section applies to the installation of Courts/Pitches including products used for installation and all
associated costs as a result or requirement of such installation collectively “Complete Court
Installation”. There is no right to return or refunds on the Complete (or partial) Court Installation
Products and Services, these require extensive ground works, procurement processes, equipment,
building, planning, design and customisation that are in many cases unique to the customer and it is
the customers responsibility to ensure that they are certain they want to go ahead with the Complete
Court Installation prior to agreeing to do so. Furthermore, the customer must also make sure that they
have familiarised themselves with our policies including this Agreement and the Website Terms and
Conditions and by agreeing to this Agreement our policies and any associated contract the customer
has provided full acceptance and is legally obligated to fulfil the requirements. Any Complete Court
Installation purchase cannot be waived, amended or modified and the customer is obligated to pay all
amounts under the contract when required by the contract or requested by OnCourt and the customer
has no option or right to return, refund, variation or exchange any part of the contract. Any such
return, or refund, variation or exchange is and will remain at the total discretion of OnCourt without
any contractual or other form of obligation or liability to do so.

11. Shopping help: Shopping baskets and sales tax
The following section provides helpful information for how to purchase Products and Services online.
11.1 Sale tax
Your purchase on or through the Site includes sales tax as required by law. The tax rate is based on
the delivery address of your purchase. The actual tax amount will appear on the Payment page during
the checkout process.
11.2 Checking out
Once you have added an item to your basket, you will see an order summary, along with any
recommended accessories for your purchase. You can choose to continue shopping, save the
Products and Services in your basket to view and checkout later, or begin checkout.
11.3 Security (Please see our Privacy Policy)
We use a variety of measures to protect the online security of your personal information, however, no
method of transmission over the Internet, and no means of electronic or physical storage is totally
secure. We cannot guarantee or warrant the security of your information. Please refer to our Privacy
Policy for details.

12. Complete Court Installation Works and Payments
12.1 Site survey (“Survey”
)
The fee for the Survey is non-refundable. The Survey will be carried out by a sub-base installer
(“OnCourt Sub-Base Installer”) who will identify and scope out the requirements for the court/pitch
sub-base. Following the Survey, it is your responsibility to ensure that the specifications and
instructions are accurate and at no point will OnCourt accept any responsibility for the suitability or the
intended or actual use of the Products and Services, Surveys or results, costs paid, associated, or
estimated.
12.2 Sub-base and Surface works (“Sub-base” and “Surface Works”)
To commence works on the Sub-base, OnCourt will require a payment of 50% (fifty percent) of the
total price quoted for the court/pitch including the Sub-base part of the installation (this includes all
fixtures, fittings, Products and Services and work installation costs associated with the Sub-base
works). The 50% payment is non-refundable once you have agreed to purchase the Complete Court
Installation. Following completion of the Sub-base installation works and prior to installation and
assembly of the Surface Works (please see the applicable surfacing warranty information in section
16 below), the remainder of the total balance is due and payable. This outstanding amount will need
to be settled on completion of the Sub-base and in any event, within 7 days (seven days) following the
completion of the Sub-base and/or notification by OnCourt that the remainder of the balance due. The
50% remaining fee is also non-refundable and non-negotiable, and you are contractually obliged to
pay all amounts (in their entirety) owed under a contract from the moment you accept and agree to
the contract.
12.3 Fencing and Fencing Products
The Fencing and Fencing Products (collectively “Fencing”) will leave our possession and be installed
in good working order and a fit state. The title/ownership shall transfer to the purchaser only when the
Fencing has been paid for in full. Any defect to the Fencing or Fencing Products must be reported to
OnCourt immediately and in any event in writing within five (5) days following the completion of the
installation of the Fencing and Fencing Products. We will not accept responsibility or liability in respect
of any defect arising from fair wear and tear, wilful damage, abnormal usage or working conditions,
failure to follow OnCourt instructions and installation guidance, misuse, alteration, or repair of the
Fencing and Fencing Products without our approval or where it is outside the five (5) day window
stated above.
12.4 Complete Court Installation Provisions
12.4.1 OnCourt or any third-party, agent, consultant, contractors will not commence any further works
including installation of the Sub-base, Surfacing, components, fixtures, fittings, further Products and
Services until any remaining amounts are paid and in any event will only finish the Complete Court
Installation works once the total figure has been paid in full and confirmed by OnCourt to have been
paid in full.
12.4.2 OnCourt will not and is not obligated to waive, amend, substitute, change, exchange, alter,
update or in any way modify the contract for the Products and Services or the Complete Court
Installation or the amounts owed under such contract and a customer who purchases such Products
and Services is contractually bound to perform all their obligations and requirements under the
contract.


13. Limitation of liability
IN NO EVENT SHALL ONCOURT OR ITS AFFILIATES, LICENSORS, VENDORS, AGENTS,
CONTRACTORS, SUPPLIERS, CONSULTANTS OR ANY OF THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU, A
CUSTOMER OR ANY OTHER PERSON OR ENTITY AT ANYTIME PRIOR TO OR AFTER
PRODUCTS AND SERVICES HAVE BEEN RECEIVED AND/OR FULLY OR PARTIALLY
INSTALLED (INCLUDING COMPLETE COURT INSTALLATION), FOR ANY DAMAGES OR
LIABILITY, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR OTHERWISE. THIS WILL INCLUDE BUT IS NOT LIMITED TO, DAMAGES FOR ACCIDENT OR
INJURY FROM USING THE PRODUCTS AND SERVICES AND THE COMPLETE COURT
INSTALLATION (FULLY OR PARTIALLY INSTALLED), LOSS OF PROFITS, LOSS OF DATA OR
INFORMATION, LOSS OF USE OR LIMITATION OF USE, PURE ECONOMIC LOSS OF ANY KIND
OR COSTS OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES, ARISING OUT OF OR IN
CONNECTION WITH THE PRODUCTS AND SERVICES, COMPLETE COURT INSTALLATION,
SITE, USAGE OR PERMISSIONS OF ANY KIND.
FOR THE AVOIDANCE OF DOUBT, PERMISSION SHALL INCLUDE BUT IS NOT LIMITED TO
PERMISSIONS REQUIRED AS A RESULT OF THE PURCHASE OF PRODUCTS AND SERVICES,
COMPLETE COURT INSTALLATION AND THE REQUIREMENTS TO OBTAIN PERMISSIONS
FROM A REGULATOR, SURVEYOR, PLANNING PERMISSIONS (WHETHER PERMITTED OR
NOT), PERMITTED DEVELOPMENT AND LEGAL OR REGULATORY CONSENTS, LOCAL
COUNSEL CONSENTS OF ANY KIND SUCH AS TREE PRESEVATION AND NATURE OR
WILDLIFE PRESERVATION ORDERS), WHETHER OR NOT ONCOURT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH ISSUES OR DAMAGES OR NOT AND WHETHER BASED UPON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF
STATUTE, OR OTHERWISE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAWS. IN ANY EVENT, OUR AGGREGATE LIABILITY
WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCTS AND SERVICES TO WHICH THE
CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO PRODUCTS AND SERVICES, £1
(ONE POUND STERLING).
ONCOURT DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR
LIABILITY FOR ANY PRODUCTS AND SERVICES OR REQUIREMENTS ADVERTISED,
ACCEPTED BY A CUSTOMER OR OFFERED BY A THIRD-PARTY THROUGH THE SITE OR ANY
WEBSITE FEATURED OR LINKED TO THE SITE, AND ONCOURT WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES. ONCOURT WILL NOT BE LIABLE
FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY. YOU VOLUNTARILY
ASSUME THE RISK OF HARM OR DAMAGE AND WAIVE ALL LIABILITY TO THE FULLEST
EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND
TO THE FULLEST EXTENT PERMITTED BY LAW.

14.Products and Services Warranties
OnCourt provides no warranty or indemnification and will not be held liable or responsible for
situations or events outside of OnCourt’s control. It is your responsibility to ensure that the
specifications are accurate when you purchase the Products and Services and Complete Court
Installation and at no point will OnCourt accept any responsibility for the suitability of the intended or
actual use.

14.1 Mega Slam Products
Mega Slam products are subject to Mega Slam warranty terms. You can access the Mega Slam
Product and Warranty information here.
14.2 OnCourt Products and Services (this section 14.2 only applies to OnCourt Products and
Services, it does not apply to the Complete Court Installation – please see section 14.3)
All OnCourt Products and Services (other than those outside the scope of this section) will be subject
to a two-year (2 year) warranty period (the “Warranty Period”) from the date of purchase. Any person
wishing to replace a faulty item during this Warranty Period for OnCourt Products and Services is
required to return the Products and Services to the OnCourt office address for inspection. Note that
section 15 Fair usage, limitations, exclusions and conditions on Products and Services applies here,
and OnCourt has total discretion to decide whether an item falls under the Warranty based on section
14, 15 and any other information it utilises to establish a decision.
Please allow 21 days from the date you ship the Products and Services, for us to carry out a full
assessment and provide a response and assessment. Our Warranty for all OnCourt Products and
Services is limited to replacing any Products and Services with the Same Products and Services
where these are still available. If these are not still available, we will replace the Products and
Services with a substantially similar specification or priced model of the Products and Services. There
is no monetary alternative or right to a refund outside the refund period in accordance with these
Product Terms of Sale and Warranty.

14.3 Court, fencing and surfacing (this section only applies to the Complete Court Installation)
For the avoidance of doubt, “Complete Court Installation” will also mean any and all works,
equipment, Products and Services that form part of the Complete Court Installation process except for
all Products and Services that are not the sub-base, surface and fencing which are subject to the
OnCourt Products and Services Warranty Period under 14.2 – (2-year Warranty Period).
14.3.1 Court Sub-base installation (which is part of and referred to as the “Complete Court
Installation”)

The Court Sub-base is subject to a ten-year (10 year) warranty period the “Court Sub-base Warranty
Period” from when the court sub-base installation is completed. Any customer wishing to replace a
faulty sub-base during the Court Sub-base Installation Warranty Period must inform OnCourt by
providing written notification and is required to provide evidence and allow OnCourt and/or a third-
party contractor, agent, surveyor, or representative full access to inspect, take measurements, gather
evidence, information and samples within 21 days (twenty-one days) from the date the written
notification is made. OnCourt has total discretion to decide whether the Complete Court Installation
falls within the Court Sub-base Warranty Period and whether it is eligible to be replaced, repaired or
otherwise and you waive and relieve OnCourt of all liability other than to the extent it is required to
replace or repair such defective Court Sub-base Installation where it can be demonstrated and
evidenced that the Sub-base works fell short of specifications and industry standard. This section is
subject to section 15 below.
14.3.2 Tranction 2 Surfacing (“Traction 2 Warranty”) (as applicable)
The Traction 2 Warranty is subject to a breakdown and deterioration warranty for the first nine (9)
years. This is subject to section 15 Fair Usage, Limitations, Exclusions and Conditions on Products
and Services Warranties.
14.3.3 Synthetic Sports Turf (“Synthetic Sports Turf Warranty”) (as applicable)
This Synthetic Sports Turf Warranty is subject to a breakdown and deterioration warranty for the first
nine (9) years. This is subject to section 15 Fair Usage, Limitations, Exclusions and Conditions on
Products and Services Warranties.
14.3.4 Containment fencing: Containment fencing refers to the fencing and all directly associated
parts to install such Fencing (“Fencing Products”) that is purchased from OnCourt and installed by
OnCourt and any of its agents, contractors, third parties only on behalf and for OnCourt. It will not
include any fencing installed by third-parties, agents or contractors that are not instructed by OnCourt
in the course of their own independent work.

15. Fair Usage, Limitations, Exclusions and Conditions on Products
and Services Warranties

All Warranties in this Agreement will be subject to the following and will apply notwithstanding any of
the following:
15.1 Fair usage, limitations, and exclusions
 Improper use, when the Court/Pitch, Products and Services have been used for activities
other than its intended or typical use.
 Fair usage and expected deterioration considered to be normal and reasonable. This is
equivalent to 48 hours per week of usage.
 Vandalism, fire, deliberate or wilful damage, acts of God (all force majeure events), freak
weather or general contamination.
 Third-party negligence not under the control or guidance of OnCourt or its agents, third-
parties, or contractors.
 Incorrect or inappropriate footwear or sportswear (including harming the general visual
attractiveness of the Court).
 Improper maintenance or repair which will include not adhering to the instructions provided by
OnCourt.
 Any incident during delivery to the site or whilst the Court/Pitch, Products and Services have
been held in storage following the clients delay in paying or requiring delay in installation.
 The presence of materials or equipment which would not typically or normally be found or
used on or around the sporting surface or Court.
15.2 Conditions
Variations of the following may invalidate and or affect the warranty:
 Full payment must be received in accordance with this Agreement, the contract, and any
applicable invoice payment terms.
 Proper maintenance, repair and care of the Court/Pitch, Products and Services must be
carried out in accordance with any instructions provided by OnCourt.

16. Late Payment
All payments and fees owed to OnCourt are required to be paid in accordance with these Product
Terms and Conditions and the Website Terms and Conditions and failure to adhere to these may
impact your rights herein. You agree that OnCourt may collect interest (defined as ‘contract rate’
referred to in the Standard Conditions of Sale) at 4% (four percent) above the Bank of England base
rate or the highest amount permitted by law on any amounts not paid when due (or requested by
OnCourt) for the entire period that the payments and fees are outstanding.

17. Product questions and comments
We value feedback on our existing Products and Services, and we make every effort to address
questions or concerns that are raised by our customers. If you wish to comment on OnCourt Products
and Services
or if you have a question about or concern with any of our Products and Services, please email us at
info@oncourt.online or you can submit a form through the “contact us” section of the OnCourt
website. Notwithstanding the foregoing, our use of your information shall be governed by the OnCourt
Privacy Policy. Any feedback you provide about OnCourt Products and Services, whether on this Site
or otherwise, shall be deemed non-confidential and OnCourt shall be free to reproduce, use, disclose
and distribute the feedback for any purpose whatsoever, including but not limited to developing,
manufacturing, and marketing Products and Services incorporating or relying on such feedback, in
accordance with the OnCourt Terms of Use.

18. Telephone communications
Telephone communications with us, including calls with any of our agents or independent contractors,
may be recorded and monitored. You expressly consent, on behalf of yourself and other users of your
phone number, to being monitored or recorded. By providing us with a phone number (including
mobile) as your contact number, you expressly authorise us to contact you regarding your account for
non-telemarketing communications, via text message, communication service or telephone, including
(where applicable) the use of pre-recorded or auto-dialled calls, using that number.

19. About Our Terms
19.1 Updates and amendments
OnCourt reserve the right to change these Terms from time to time at our sole discretion. It is your
responsibility to check this page periodically for any updates.
19.2 Third Parties
The Product Terms of Sale and Warranty and any Agreement formed between OnCourt and a
customer whether in part or in whole is not enforceable under or by virtue of the Contracts (Rights of
third Parties) Act 1999 by any person who is not a party to the Agreement.
19.3 Governing law
These Terms are governed by the laws of England and Wales, excluding any conflict of laws rules or
principles.
19.4 Disputes
In the event of a dispute, you agree to submit to alternative forms of dispute resolution, OnCourt at its
sole discretion may elect to go to mediation or arbitration, failing this and in all other circumstances,
the matter may be referred to litigation.
19.5 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be
severable, and the remaining provisions will remain in full effect.
19.6 Violation and action
If you or others violate these Terms, this in no way limits or waives OnCourt’s right to take action in
the future or in similar situations.