Terms of Use

1. Acceptance of Terms

Welcome to Kiwiwhisper. By accessing and using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these terms, please do not use this website. These terms constitute a legally binding agreement between you and Kiwiwhisper.

2. Description of Service

Kiwiwhisper provides informational content about tennis statistics, with a focus on French tennis and Roland Garros data. Our website offers:

• Educational content about tennis statistical analysis
• Information about various statistical platforms and data sources
• Insights into player performance metrics and tournament records
• Resources for tennis enthusiasts interested in analytical approaches

We are an informational resource and are not affiliated with ATP, WTA, Roland Garros, or any official tennis organizations.

3. Intellectual Property Rights

3.1 Website Content

All content on this website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, is the property of Kiwiwhisper or its content suppliers and is protected by New Zealand and international copyright laws.

3.2 Trademarks

Kiwiwhisper and all related logos and designs are trademarks of Kiwiwhisper. Other trademarks, service marks, and trade names referenced on this website are the property of their respective owners.

3.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use this website for personal, non-commercial purposes. You may not:

• Reproduce, distribute, or publicly display website content without written permission
• Modify or create derivative works from website content
• Use website content for commercial purposes
• Remove copyright or proprietary notices from website content

4. User Conduct

When using our website, you agree to:

• Provide accurate and truthful information when submitting forms
• Use the website only for lawful purposes
• Not interfere with or disrupt the website or servers
• Not attempt to gain unauthorized access to any part of the website
• Not transmit viruses, malware, or other harmful code
• Not engage in any activity that could damage, disable, or impair the website
• Respect the intellectual property rights of Kiwiwhisper and third parties

5. Third-Party Links and Content

Our website may contain links to third-party websites and references to external statistical platforms. These links are provided for convenience and informational purposes only. We do not endorse, control, or assume responsibility for:

• The content, privacy policies, or practices of third-party websites
• The accuracy or reliability of information on external platforms
• Any damages or losses arising from your use of third-party services

Your use of third-party websites is at your own risk and subject to their terms and conditions.

6. Disclaimer of Warranties

This website and all content are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by New Zealand law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that the website will be uninterrupted, secure, or error-free
• Warranties regarding the results obtained from using the website

We make no representations about the suitability of the information contained on this website for any purpose.

7. Limitation of Liability

To the maximum extent permitted by New Zealand law, Kiwiwhisper, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

• Your use or inability to use the website
• Any errors or omissions in website content
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the website
• Any other matter relating to the website or these terms

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage.

8. Indemnification

You agree to indemnify, defend, and hold harmless Kiwiwhisper, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with:

• Your access to or use of the website
• Your violation of these Terms of Use
• Your violation of any third-party rights
• Your violation of any applicable laws or regulations

9. Information Accuracy

While we strive to provide accurate and up-to-date information about tennis statistics and related topics, we make no guarantees regarding:

• The accuracy, completeness, or timeliness of statistical data
• The reliability of information sourced from third-party platforms
• The applicability of information to specific situations

Users should verify important information through official sources before making decisions based on website content.

10. Privacy and Data Protection

Your use of this website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in compliance with New Zealand's Privacy Act 2020. By using this website, you consent to our privacy practices as described in the Privacy Policy.

11. Modifications to Terms

We reserve the right to modify these Terms of Use at any time. Changes will be effective immediately upon posting to the website with an updated "Last Updated" date. Your continued use of the website following any changes constitutes acceptance of the modified terms. We encourage you to review these terms periodically.

12. Modifications to Website

We reserve the right to modify, suspend, or discontinue any aspect of the website at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the website.

13. Governing Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions. Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the courts of New Zealand.

14. Dispute Resolution

In the event of any dispute arising from these Terms of Use or your use of the website, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute cannot be resolved informally within 30 days, either party may pursue formal legal remedies.

15. Severability

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms of Use, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Kiwiwhisper regarding your use of the website and supersede all prior agreements and understandings.

17. No Waiver

Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

18. Assignment

You may not assign or transfer these Terms of Use or any rights granted hereunder without our prior written consent. We may assign these terms without restriction. Any attempted assignment in violation of this section shall be null and void.

19. Contact Information

If you have questions or concerns about these Terms of Use, please contact us:

20. Acknowledgment

By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. You represent that you have the legal capacity to enter into this agreement.