Terms & Conditions

Last updated 20 October 2026

IMPORTANT, READ CAREFULLY: These Terms & Conditions, also referred to as our Terms of Service, are an agreement between you and Alexander Lucas Westcott, trading as KourtUp (ABN 28 939 608 758) (“we”, “us” or “our”). Together with our Privacy Policy, they govern access to and use of our website at kourtup.com, our KourtUp mobile app and related account, support and app-opening pages, including app.kourtup.com, and content and services available through them (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 help registered users find tennis partners, communicate, arrange hits and participate in community events. Discovery and eligibility use information such as playing area, level, availability and the requirements selected for a Beacon or event. You choose who to play with and assess the arrangements. Court information and external booking links do not guarantee that a court is available or booked.
KourtUp helps players find each other and arrange tennis. For independent user-arranged hits, players agree who to play, the time and court directly; KourtUp does not supervise those hits. KourtUp may also organise or host its own community events, identified in the event details. The organiser is responsible for its own event role, subject to applicable law; the independent-hit description does not mean that KourtUp never organises or attends events.
“I’m keen” is an expression of interest, not a confirmed place, court booking or guarantee that an event will run. The host confirms places, venue and arrangements. Event-specific eligibility, including age, playing level or UTR, applies; eligibility to respond does not guarantee selection. Eligibility may use a self-reported UTR; meeting the entry requirement does not by itself mean official rating verification. Where an event has a visible Players list, your interest and profile details are visible as explained before responding and in the Privacy Policy. The host can record attendance and credit eligible tennis activity; feedback identifies you to the host. Event-specific terms, prices or cancellation arrangements, if any, must be explained before you commit to them.
The Services are available in Australia. Independent account holders must be at least 16; accounts aged 16–17 use junior privacy and contact rules. Where parent-managed setup is enabled, an adult aged 18 or over may manage child player profiles aged 4–15. Children under 16 must not sign in or use the parent’s login. Core features require a registered account.
KourtUp is for tennis. Sexual or romantic solicitation, grooming, harassment, coercion, deception, impersonation and false age information are prohibited. Adults must not use sport to seek unrelated contact with a junior. Use public tennis courts, keep communication in KourtUp, and cancel, block or report anything uncomfortable. We may investigate reports, restrict accounts, suspend or ban users, and cooperate with authorities where required.
Independent junior accounts remain private until age 18. Eligible signed-in players can discover their tennis profiles; following requires approval, and ordinary direct messages involving independent juniors require mutual approved following. Confirmed hit participants can use their session chat. Invitations and public Beacon responses are available before friendship. Confirmed mixed-age hits show a brief safety notice without a blocking acknowledgement. New images cannot be sent when any person with conversation access is an independent 16–17-year-old; parents communicating for children are adult account holders. Safety notices are not verified parental consent. Players aged 16–17 should consider checking arrangements with a parent or trusted adult.
A parent must be an adult authorised to manage the child, confirm their email, make the guardian declaration and give accurate details. Adult age and guardianship are declared, not independently verified; email confirmation does not prove identity, the child’s existence or a legal relationship. No phone number, SMS or ID check is required. The parent controls all child-profile actions, approves tennis through the normal acceptance or lineup-confirmation flow, and handles communication and attendance. A parent who does not play need not create a personal tennis profile. Parent or guardian attendance at child hits is recommended; KourtUp does not supervise the hit.
Before publishing a child profile, the parent must understand that eligible signed-in players can see the child’s first name and surname initial, age group (4–8, 9–12 or 13–15) and tennis information, and the arranging parent’s name and photo, as explained in the Privacy Policy. A handover at 16 requires the young person’s own verified account and explicit acceptance. All delegated parent access ends when handover completes; do not share account credentials.
Child sexual abuse and exploitation (CSAE), child sexual abuse material (CSAM), grooming, sexual solicitation of minors, sextortion and trafficking are prohibited on KourtUp. Report concerning profiles, messages or hits using the in-app Report action or contact alex@kourtup.com. We review reports, restrict offending access and remove prohibited content when identified, and report confirmed illegal child-abuse material to the appropriate authority as required by law. Do not resend illegal material in a support email.
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

KourtUp is a mobile app, distributed through the Apple App Store and Google Play as available. Our websites provide information, support, account-related pages and links that open the app; app.kourtup.com is not a browser version of the tennis app. Core app features require an account.
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:
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.
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.
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 establish an account and provide the information needed for your chosen features. Playing details belong to each player profile; a non-playing parent need not supply a playing level, and child profiles use initials instead of child photos. Public visibility is described in the Privacy Policy. You must comply with rules notified on account creation, including that:
each individual may only have one account;
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.
Creating or handing over a child player profile through the supported family flow does not transfer the parent’s login or permit password sharing. The eligible young person accepts the player profile using their own account; the parent retains their own account and all delegated access to the handed-over player ends.
Use the Services responsibly for genuine tennis arrangements and related community events. Assess your fitness and suitability for the activity being arranged. If you cannot attend a confirmed hit or event, notify the other players or host as early as possible and withdraw using the available action. Repeated no-shows or misuse may lead to account restrictions.
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:
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;
distribute or make the app available over a network where it could be used by multiple devices at the same time;
use automatic scripts or programs to access or attempt to gain access to our Services;
remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in our Services;
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;
create any derivative works or adaptations of our Services;
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
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:
is true and correct, and not misleading or deceptive;
does not infringe any third party's intellectual property rights or other proprietary rights;
does not breach any law; or
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

Marketplace features are not available in the initial launch version of the Services.
If we introduce a marketplace later, users may be able to list, offer, buy and sell tennis gear and related items directly with one another. Kourtup would provide the marketplace as a venue only. We would not be the buyer or seller of any item, and would not be a party to any transaction between users.
If a future marketplace is enabled, any payment, exchange, delivery, collection, refund or dispute relating to a marketplace item will be arranged and handled directly between the buyer and seller unless we clearly say otherwise.

6. Coaching and paid hits

Coaching profiles, paid-hit listings and paid-hit requests are not available in the initial launch version of the Services.
If we introduce coaching or paid-hit features later, any arrangement will be made directly between the users involved unless we clearly say otherwise. Kourtup does not currently set, collect, process or hold any payment for coaching or paid hits.
You remain responsible for satisfying yourself as to the suitability, qualifications and conduct of any person you choose to meet or play with through the Services.

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:
provide your personal information to third parties in accordance with our Privacy Policy, subject to your rights to opt out at any time; and
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

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable law. The following limitations apply only to the extent permitted by that law, including for KourtUp-hosted events.
To the extent permitted by law:
we disclaim all warranties and conditions with respect to our Services whether express, implied or statutory;
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:
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;
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
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:
resupply of the relevant service;
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 stop using the Services at any time. Uninstalling the app or signing out does not delete your account. To delete it, use Settings or the account-deletion request process in our Privacy Policy. Shared records and information retained for safety or legal reasons are handled as described there.
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:
and block or remove your account from the app, at any time when you are in breach of these terms;
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 20 October 2026. Questions? Contact us at privacy@kourtup.com.