Terms & Conditions

Effective from 27 June 2026

IMPORTANT, READ CAREFULLY: These terms are a legally binding agreement between you and Kourtup, a registered business name (“we”, “us” or “our”). Together with our Privacy Policy, these terms govern access to and use of our website at kourtup.com, our Kourtup app (including our web app at app.kourtup.com and any mobile apps we release) including any content, materials or services accessible therein, as well as upgrades to the app provided by us from time to time (Services).

These terms and ability to use the Service only applies if you are located in Australia.

You must read these terms carefully together with our Privacy Policy before interacting with the Services.

We may modify these terms from time to time. It is your responsibility to check for the most current terms, having regard to the effective date printed at the top of these terms. You agree to any amended terms by using any Services in any manner once that amendment takes effect.

Your use of Kourtup Services is conditional on your acceptance of these terms. By using or continuing to use any of our Services, you agree to be bound by these terms.

1. Overview

The Services provide features for registered users to connect and communicate with each other at each user’s own discretion, for the purpose of arranging and booking a tennis game. In facilitating connections and suggesting matches, the Services have regard to and will weigh and prioritise users’ location (suburb), skill level, availability and other preferences such as preferred court surface and favourite clubs. It is your responsibility to assess any communications and offers received for matches and determine how you respond.
Kourtup is a platform that helps players find each other. Beacons, matches and hits are arranged directly between users. Kourtup is not a party to any hit, game, arrangement or agreement between users, does not supervise or attend hits, and is not responsible for the conduct of any user before, during or after a hit. Any decision to meet or play with another person is made by you, at your own discretion and risk.
The Services are available for use in Australia by persons aged 18 and over. Guests can browse the Services in guest mode. Full features of the Services are only available to users who have a registered account.
The Services may enable access to third party services and websites. Data displayed within the Services, or in third party sites is for general information only. We make no representation or warranty about any third party site or third party provision of services. You must not use any linked third party sites or services in any manner that is inconsistent with these terms.

2. Licence to use our Services

Our Services are currently available as a web app at app.kourtup.com, which you can access through a compatible web browser on your device. We may also make mobile apps available for download from the Apple App Store or Google Play Store. You need to set up a user account for all features to be available.
Subject to your acceptance of and ongoing compliance with these terms, we grant you a non-exclusive, non-transferable personal licence to use our Services on any compatible device that you own and control.
We do not charge any fees to access or use our Services, on the basis that:
1. Where a booking is made with a tennis court provider, you will pay the provider directly. Kourtup does not view, collect or store any payment information.
2. You agree that Kourtup may receive commissions or benefits for referring you or other potential customers to a referral partner, including tennis court providers, and that we may provide commissions or benefits to referral partners in exchange for them referring potential customers to us.
3. You are responsible for all third party costs associated with accessing our Services, including any costs from internet service providers or telecommunications carriers.
We do not own, operate or manage tennis courts. We are not responsible for the services provided by tennis court providers, including the quality or safety of the courts. We do not recommend any tennis court provider over another tennis court provider. If you hire a tennis court, your contract is with the tennis court provider and not with us.
You acknowledge that any transmission of data over the internet is inherently risky. You acknowledge and agree that you are responsible for the security of devices that are used by you to access and use our Services.

3. Your use of the app and Services

To use the app you will be required to establish a user account providing information including your name, postcode, skill level and profile picture, which will be visible to other registered users within the app. You must comply with any rules notified by us on account creation including that:
1. each individual may only have one account;
2. you must provide accurate, current and complete information for the mandatory fields (and maintain and update information as required to keep your profile details accurate, current and complete).
You agree to be responsible for maintaining the confidentiality of your username and password combination (including that your username and password cannot be shared with any other person), and responsible for all activities that are conducted through or under your account.
You must use our Services in a responsible and reasonable manner having regard to its purpose, that is, to facilitate genuine connection and communication amongst users for the sole purpose of arranging, booking and playing tennis games. Each time you use the Service you warrant that you hold that genuine purpose and are fit to play tennis at the time and skill level being arranged. Where you commit to a game booking via the Service you must attend that booking. Where you have genuine and reasonable grounds for being unable to attend a booking, you must notify the other users in advance providing as much notice as possible. If you do not attend a booking without reasonable excuse, you may be blocked from the Service.
You cannot use our Services in a way that is against the law or that harms us or our officers, partners, suppliers, other users or affiliates.
Kourtup reserves the right to refuse any person to use its Services, and remove or block any person’s account within the app if we consider that the person is not using or intending to use the Service in accordance with these terms (including without limitation, no-shows to bookings and being reported by other users), or using Services in a way that may adversely impact the delivery of the Service, or where the account may have been subject to a security issue or has not been used for a substantial period of time.
We implement industry standard processes and take reasonable measures to secure our Services from unauthorised use and to protect the integrity of content. You must comply with our reasonable directions that relate to the integrity and security of our Services.
Without limiting the foregoing, you must not:
1. use our Services to document, reproduce, share or store pornographic or adult material, or defamatory, illegal or inappropriate material, or to threaten, harass, stalk, bully, defame or intimidate any other person or to send unwanted messages;
2. distribute or make the app available over a network where it could be used by multiple devices at the same time;
3. use automatic scripts or programs to access or attempt to gain access to our Services;
4. remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in our Services;
5. copy, reverse engineer, decompile or disassemble our Services, or otherwise attempt to derive source code or other confidential information of ours, and then only to the extent expressly permitted by law;
6. create any derivative works or adaptations of our Services;
7. transfer, redistribute, resell or sublicence our Services to any person (and if you sell or dispose of your device you must remove the app and log out before doing so); or
8. use our Services other than as expressly permitted by these terms or in any manner that we reasonably determine to be inappropriate or excessive.

4. User Content

Use of the app requires registered users to publish and upload content. We do not review content for accuracy or correctness.
We do not own any content that is uploaded to our Services by you or other users.
We are not responsible or liable for any content that is uploaded to our Services, whether by you, or other users.
Specifically, we do not warrant or represent that any content that may appear in our Services:
1. is true and correct, and not misleading or deceptive;
2. does not infringe any third party’s intellectual property rights or other proprietary rights;
3. does not breach any law; or
4. is not offensive, defamatory or otherwise inappropriate.
We take the safety of our Services and users seriously. If you believe any content located in our Services infringes your rights or is otherwise unlawful or unsafe, or that another user of the app is in breach of these terms, please immediately report it to us via the app. All genuine reports will be investigated. You may also block that user within the app to prevent any further interaction with them.

5. Marketplace

The Services may include a marketplace where users can list, offer, buy and sell tennis gear and related items directly with one another. Kourtup provides the marketplace as a venue only. We are not the buyer or seller of any item, and we are not a party to any transaction between users.
If you list an item, you are responsible for the accuracy of your listing, for owning or having the right to sell the item, and for ensuring the item is lawful to sell. If you buy an item, you are responsible for assessing the item, the seller and the transaction before you commit to it.
Any payment, exchange, delivery, collection, refund or dispute relating to a marketplace item is arranged and handled directly between the buyer and seller. Kourtup does not process, collect or hold payment for marketplace items, does not guarantee any item, listing, seller or buyer, and does not warrant the quality, safety, legality or fitness for purpose of any item.
You use the marketplace at your own risk. To the extent permitted by law, we are not liable for any loss or damage arising out of or in connection with any marketplace listing or transaction. You should take sensible precautions, deal with people you reasonably trust, and report any listing or user that breaches these terms.

6. Coaching and paid hits

Users may choose to arrange paid hits or coaching sessions directly with one another (for example, a more experienced player or coach offering a paid lesson). Any such arrangement is made directly between the users involved.
Kourtup is not a party to any coaching or paid hit, does not set, collect, process or hold any payment for it, and does not employ, endorse, verify, accredit or supervise any coach or player. Any fee, cancellation, refund, insurance, qualification, or dispute is a matter solely between the users involved.
You are responsible for satisfying yourself as to the suitability, qualifications and conduct of any person you arrange a paid hit or lesson with, and for complying with any laws that apply to you (including in relation to payments and tax). You participate in any paid hit or coaching session at your own risk.

7. Intellectual Property

The Services comprise our intellectual property, which are protected by copyright and other intellectual property laws.
We do not own the content that you or any users upload to our Services, and all such intellectual property rights remain vested in you or the owner of such intellectual property rights.
You warrant that you own or have the right to upload any content that you upload to our Services and that information you provide within our Services is accurate and up-to-date.
You are responsible for ensuring that you do not, in using our Services, infringe or violate any other person’s intellectual property rights, misappropriate confidential information, or breach any laws including privacy laws.
You grant us a limited, non-exclusive, perpetual, revocable, royalty-free and non-transferable licence to use the intellectual property rights in any content you upload or provide to us to the extent necessary for us to operate the Services, or to otherwise exercise our rights or to comply with our obligations under these terms. We may sub-license this license to third party service providers who assist us in providing the Services, and to other users who access and use our Services.
You agree that we may:
1. provide your personal information to third parties in accordance with our Privacy Policy, subject to your rights to opt out at any time; and
2. collect and use technical data and related information, including information about your device, system and application software, that is gathered periodically to facilitate the provision of software updates, support and other services to you (if any) related to our Services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or provide services or technologies to you.
You have no right to use our trade marks or brands.
From time to time, you may send us suggestions, materials, information, ideas or concepts relating to our Services (Ideas). You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Ideas as we see fit, without payment of a fee. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation.

8. Privacy and Security

We hold any personal information that you provide to us in accordance with our Privacy Policy, which is available on our website at kourtup.com.
You acknowledge and agree to be bound by the terms of our Privacy Policy.
You must not do anything that puts us in breach of any privacy law or our published privacy policy.
The Service may engage location-based or map-based functionality to help connect users in the same area, and may display the general location of users on the Service.

9. Liability

To the extent permitted by law:
1. we disclaim all warranties and conditions with respect to our Services whether express, implied or statutory;
2. our Services are provided on an “as is” and “as available” basis and we exclude all liability, including in tort (including negligence), contract and otherwise.
You expressly acknowledge and agree that use of our Services is at your sole risk.
Without limiting the foregoing:
1. due to the nature of the internet and software programs, at any time you may experience errors, poor network performance and other issues that detract from use of our Services. We do not warrant that our Services will be constantly available or that you will have uninterrupted and error-free access to the Services, or that content will be fit for any purpose;
2. if the Services links to or refers you to a third party site, any interaction and relationship you have with that third party is at your own risk. We are not responsible for examining or evaluating the content or accuracy of any third party site or services, and will not be liable for any third party site or services; and
3. you acknowledge that you are solely responsible for any activities undertaken in connection with our Services, including communication with other users, bookings made with tennis court providers and participating in tennis games facilitated through the app including meeting other users in person. All such activities are at your own risk. We do not warrant the truth or accuracy of any aspect of information provided by other users of the Services and are not liable for any aspect of your interactions with other users of the Services or third party suppliers, or the conduct of those persons.
If we suspect that you have breached any of these terms, we have the right to suspend or permanently terminate your access to our Services. We reserve the right to take any such action without prior notice.
You hereby defend, hold harmless and indemnify us and our related bodies corporate and personnel (the Indemnified Parties) from and against any loss suffered or incurred by the Indemnified Parties arising out of or in connection with any material breach by you of these terms.
Unless required by law, no terms are implied into these terms. If we are found to be liable to you (including in contract, tort (including negligence) or otherwise) for implied warranties or statutory guarantees that cannot be excluded or otherwise, our liability is limited in all circumstances to one of the following options, as selected by us:
1. resupply of the relevant service;
2. supply of a similar service.
Notwithstanding sub-clause (a), (b) and (f) above, to the fullest extent permitted by applicable law, our total cumulative liability to you in connection with these terms, whether in contract or tort (including negligence) or otherwise, will not exceed AUD50.
Notwithstanding any other clause of these terms, to the extent permitted by law, we exclude all liability for any personal injury or any incidental, consequential, indirect or special loss or damage, including without limitation, loss of or damage to data or content, loss of profits, loss of revenue, loss of privacy, damage to reputation and goodwill, and loss of business or business interruption, or any other commercial damages or losses arising out of or related to your use of or inability to use the Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages.

10. Termination

You may terminate this licence and these terms at any time by ceasing use of our Services and removing the app from your device.
We may change, modify or remove some or all of the Services at any time and at our sole discretion. If you do not agree with these changes, you should cease use of the Service.
We may terminate this licence and these terms:
1. and block or remove your account from the app, at any time when you are in breach of these terms;
2. on reasonable notice if we decide to withdraw availability of the Services.

11. General

These terms together with the Privacy Policy contain the entire agreement between the parties with respect to its subject matter.
No failure to exercise or delay in exercising any right, power or remedy under these terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
Any provision of these terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these terms nor affect the validity or enforceability of that provision in any other jurisdiction.
These terms and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of New South Wales. In relation to such matters, you irrevocably accept the non-exclusive jurisdiction of courts with jurisdiction in New South Wales and waive any right to object to the venue on any ground.

These terms were last updated on 27 June 2026. Questions? Contact us at privacy@kourtup.com.