TERMS OF USE
- Scope
- Access authorisation and registration
- Appointments and bookings
- Timeline contents and rights of use
- Rules of conduct
- Prices and payments
- Liability PLAYSPORTS
- Contract duration and terminations
- Compulsory consumer information
- Final provisions
1. SCOPE
1.1 Scope and conflicting provisions
These terms and conditions apply to the use of the software application "PLAYSPORTS". This is operated by PLAYSPORTS GmbH, Lützowstraße 24, 40476 Düsseldorf, hello@playsports.world, represented by the managing directors Roy Pöschel and Fabian Becker (hereinafter "PLAYSPORTS").
Conflicting conditions of the user are not recognised. Regulations deviating from these terms of use are only valid if PLAYSPORTS expressly agrees to them.
1.2 Changes to these Terms of Use
Changes to these terms of use will be communicated to the user by PLAYSPORTS in writing or by e-mail. If the user does not object to such changes within six weeks after receipt of the notification, the changes are deemed to be agreed. The user will be informed separately about the right to object and the legal consequences of silence in case of changes to the terms of use.
2. ELIGIBILITY AND REGISTRATION
2.1 Access authorisation
PLAYSPORTS offers the user the possibility to arrange a common sports activity with other users and to share this activity with other users in the timeline by uploading text and image information. PLAYSPORTS also offers the possibility to participate in training and other sporting events (physical and digital) and to hold competitions with a scoring system. In this regard, PLAYSPORTS cooperates with local sports associations, sports clubs, commercial sports facilities, municipalities and other organisations (hereinafter referred to as "partners") on whose premises the sports activity can be practised. Access to PLAYSPORTS is free of charge.
A user must have reached the age of thirteen to be able to register independently with PLAYSPORTS. Registration in the app for users who have not yet reached the age of sixteen is subject to the approval of their parents. They can declare their consent via a confirmation link sent by e-mail. The account will not be activated until the confirmation is received. The user must be at least eighteen years of age to use services for which a fee is charged. By registering or using fee-based services, the user assures that he/she has reached the required minimum age.
2.2 Registration of Partner Members
There are two options for affiliate members to register with PLAYSPORTS; for organisations participating in our PLAYSPORTS Move programme, there is an additional third option.
2.2.1 The user can consent to the use of his name and e-mail address for the purpose of registration with PLAYSPORTS vis-à-vis the administrator of the partner, the so-called organisation owner. The user also agrees to these terms of use. The organisation owner then transmits the aforementioned data of the user to PLAYSPORTS. The user will then receive an e-mail with a temporary password via the PLAYSPORTS app. The user can use this to log in to the PLAYSPORTS app, whereby the temporary password must be replaced by an individual password during the registration process. If the user does not log in within three months of receiving the email, his account will expire and the data will be deleted by PLAYSPORTS.
2.2.2 As an alternative to clause 2.2.1, the user can first register himself in the PLAYSPORTS app. After entering the required registration information and clicking the button "Register for free" the contract for the use of the app is concluded between the user and PLAYSPORTS subject to these terms and conditions.
The user then has the option of joining a partner by clicking on "My Club"/"My Spot" in the partner's profile. The name and e-mail address are transmitted to the partner, who can then confirm or reject the user's membership at his or her own discretion. The user will be informed of this by e-mail.
PLAYSPORTS is not obliged to provide the user's real name. However, providing a pseudonym may make it impossible for the partner to assign the user via the "My Club"/"My Spot" function.
2.2.3 For organisations participating in our PLAYSPORTS Move Programme, there is an option to deposit a domain. After verification of the ownership of the domain, all new users who register with an email address of this domain and who in turn confirm the ownership of the email address will be assigned to the organisation. Optionally, only a membership request is created automatically.
After entering the required registration information and clicking the button "Register for free", the contract for the use of the application is concluded between the user and PLAYSPORTS subject to these conditions
2.3 Users without partner membership
Registration is carried out in accordance with section 2.2.2. The user can voluntarily enter the payment data required for bookings subject to a charge in his profile settings after registration. Otherwise, their specification is required for the fulfilment of the contract in the event of the conclusion of a subscription or within the scope of the first booking.
2.4 Profile information
The user can voluntarily enter further profile information such as gender, date of birth, sports, interests and contact details in the profile settings after registration. The date of birth is required for the contractual use of the functions "Matching by age group" and "Ranking by age group". Without the date of birth, these functions are not available to the user. The specification of the gender is required for the classification in the rankings differentiated by "Men", "Women" or "Divers". Without entering the gender, a corresponding classification cannot be made. By specifying sports and interests, the user can be shown suitable activities in the "For you" area. For the use of the competition function, neither age nor gender must be specified, as the participation in the competition and the competition conditions can be freely designed by the users. If entry in a customer or guest list is required for a booking, the storage of contact data can simplify repeated entry for bookings.
2.5 Alias accounts
The legal guardian of a user who has not yet reached the minimum age can allow the user to use PLAYSPORTS via the partner dashboard with an alias account. This is created via the user account. The name of the minor is required for this. Notifications, invitations to sporting activities etc. will be sent to the account of the parent or guardian user.
The creation of an alias account is also possible for partner members who do not have their own e-mail address.
2.6 Map and location data
To use the search for sports fields and users for a sports activity in the vicinity, the use of the Google Maps service and the activation of the location function of the mobile end device is required. The use of the PLAYSPORTS app is possible without these services, but leads to a severely limited user experience without the possibility of finding possible sports activities in the vicinity.
3. APPOINTMENTS AND BOOKINGS
3.1 Appointments
Users can arrange to meet via PLAYSPORTS by clicking on the "Let's MEET" button for activities at publicly accessible (or other) sports fields that are not reserved in advance. This does not result in any contractual obligation towards PLAYSPORTS or the participants. The number of participants is visualised via the calendar display so that interested parties can estimate the number of participants.
Users can also create an appointment at any other location via the Create Booking button on the map and invite other users or allow them to participate.
3.2. check-in at the sports facility/current location
Users can check-in to the respective sports field or current location by clicking on the "Check-In" button, specifying an expected period of time (between 0.5 and 12 hours) that they will spend at the sports field or current location. For this period, they are actively registered as a user of the sports facility and do not have to confirm their presence for individual events, e.g. competitions. If the user has checked in at their location, the above applies to all sports facilities or activities in the vicinity. A user has the possibility to publish their presence so that other users can see who is currently visiting a facility. A checked-in user can participate in activities via "Let's MEET" or make bookings in accordance with section 3.3.
3.3 Booking of a sports field
The user has the possibility to book a sports field for the desired sporting activity with a PLAYSPORTS partner via PLAYSPORTS. By clicking on the "Let's PLAY" button, the user makes an offer to book the respective sports field and at the same time can invite other users for the respective activity via internal PLAYSPORTS notification (e-mail or push message). With the confirmation of the invited person, a binding contract between the participating users and the partner is concluded. This is documented by the display "Booking confirmed (name of user)" in the PLAYSPORTS app. The "first come, first serve" principle applies to bookings. In the case of parallel bookings, the contract is concluded with the users whose invitation is accepted first.
3.4 Partner member bookings with external partners
Partners with their own sports fields should make at least one sports field available to the PLAYSPORTS community during their opening hours.
Furthermore, they decide at their own discretion whether and which further contingent of sports fields they make available to the general PLAYSPORTS community. If further allotments are made available, the members of a partner can use the free allotments of other partners free of charge.
3.5 Booking of events and trainings (physical and digital)
Users can participate in events through PLAYSPORTS: They can book a training session with a coach or take part in other physical or digital events organised by PLAYSPORTS Heros and publishers. Users can select the offers made by a coach and then make a binding booking by clicking on the "Participate" button. Otherwise, 3.2 applies, with the exception that the contract is concluded with the Coach/Publisher and Hero, if applicable.
Digital events are conducted either as a live stream or video conference directly in the PLAYSPORTS app. At the time the event starts, the "Join Session" button appears to start the digital connection.
Coaches and publishers regularly offer their own event formats. Heros regularly run events created and curated by PLAYSPORST.
3.6 Guarantee booking
A user can book a place with a guaranteed booking for activities in which more than one user participates, provided that a partner releases this option. The contract is concluded in accordance with section 3.2, with the difference that the booking user is bindingly responsible for booking the minimum number of participants envisaged by the partner. The regulations on cancellation apply accordingly. For payment, see clause 6.5.
3.7 Cancellation by Partner Members
If a user participating in the sporting activity is a partner member of the booked facility, he/she may cancel his/her confirmed booking commitment free of charge.
3.8 Cancellation of sports areas by non-partner members
If the booking user or one of the participating users is not a member of the partner providing the sports space and the booking is not a booking within the meaning of clause 3.4, the pitch can be cancelled free of charge until 23:59 on the day before the day of the sporting activity. Thereafter, the cancellation fee shall be 50% of the booking price agreed with the respective user. The cancellation fee will be collected from all bindingly booked users of the respective activity if the entire booking is void as a result of the cancellation. Otherwise, the cancellation fee will be charged to the respective cancelling party in accordance with the payment method deposited.
3.9 Validity of the contractual provisions of the partners
The booking of a sports field is subject to any additional contractual provisions of the partners, such as club bylaws for club members or any house rules that may apply to the sports fields.
3.10 Cancellation of events and trainings (physical and digital)
For paid events and trainings (physical and digital), the cancellation of participation is possible free of charge until 23:59 on the day before the day of the sporting activity. After this time, the cancellation fee is 50% of the booking price agreed with the respective user and will be charged to the respective cancelling party in accordance with the deposited payment method.
4. CONTENTS OF THE TIMELINE AND RIGHTS OF USE
4.1 Sharing content on the Timeline
The user has the possibility to share his/her sporting activities with other users in the timeline, via comments on posts and bookings or in his/her profile and to upload media files such as pictures, videos and GIFs in common formats for this purpose. The user also has the possibility to participate in video live streams and video conferences or to start these via posts (and bookings, if applicable). Recordings are made in the process.
For the use of personal data collected in this way, please see the PLAYSPORTS Privacy Policy.
4.2 Granting of rights of use
The user grants PLAYSPORTS a non-exclusive right of use, unlimited in time and place, to the content posted by him/her in accordance with clause 4.1.
4.3 Liability for content posted by the user
PLAYSPORTS does not check content before it is posted by the user. The user shall ensure that he/she either owns the necessary rights for the content he/she posts or has had these rights granted to him/her by third parties beforehand. This also applies to the consent of persons depicted in the publication of media files.
4.4 Claim for exemption
If claims are made against PLAYSPORTS by third parties due to possible infringements of property rights, in particular copyright and personal rights, the user must indemnify PLAYSPORTS against these claims by third parties.
5. RULES OF CONDUCT
5.1 The user undertakes not to post any illegal content, in particular any defamatory, racist, pornographic or inciting content, in his timeline or profile.
5.2 The user has the possibility to inform PLAYSPORTS about illegal content or content that violates his or her personal rights by using the "Report" function.
PLAYSPORTS will immediately block the content in question after being informed by the user concerned, unless the reported content is obviously lawful, and will request the authoring user to make a statement and send his statement to the complaining user for a new statement. If the statements of the users involved prove the correctness of the facts alleged in the content or if it is a pure value judgement, PLAYSPORTS will release the rating again, otherwise remove it permanently from the timeline. The users concerned shall otherwise have the right to take legal action.
6. PRICES AND PAYMENTS
6.1 The price models and prices in the current price overview shall apply. Clause 1.2 applies accordingly to price changes for subscriptions during the term of the contract. All prices quoted include the statutory value added tax. For organisations participating in our PLAYSPORTS Move programme, different prices may apply, which will be shown transparently on the booking page before the contract is concluded.
6.2 For members of a PLAYSPORTS partner, the booking of a sports area with this partner via the PLAYSPORTS app is free of charge. If the partners make contingents available to the community as defined in clause 3.2, their members can use free contingents free of charge. The prices stated in each case apply to additional offers.
For staff/users of organisations participating in our PLAYSPORTS Move programme, invoicing for bookings within the organisation's individual settings will be made first to the organisation.
6.3 Payment processing is carried out via the payment service provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA. For this purpose, the credit card or SEPA direct debit data must be deposited with Stripe. The terms and conditions and privacy policy of Stripe also apply. PLAYSPORTS is authorised by the respective partner to collect the booking amount due on its behalf.
6.4 The subscription fee is debited monthly, for the first time on the day the subscription is booked. The amount due in each case for sporting activities will be debited on the day of the match.
6.5 In the case of a guaranteed booking, the booking User shall pay the guaranteed minimum price, provided that no other Users join his booking. If other Users join the guaranteed booking, the price and the resulting payment shall be divided among the participating Users.
6.6 For organisations participating in our PLAYSPORTS Move programme, invoicing for basic fees, events and bookings triggered by staff/users of the organisation will take place within the organisation's individual settings at the end of the month.
7. LIABILITY PLAYSPORTS
7.1 Liability for performance of the contract
With the PLAYSPORTS App, PLAYSPORTS provides the platform for the conclusion of contracts and the processing of concluded contracts between the user and the partners for the booking of training and sports fields. Consequently, PLAYSPORTS only acts as an intermediary in the context of sports field booking and is not liable for claims arising from contracts concluded between users and partners via the platform.
The partners and the users are exclusively liable for the fulfilment of the contract concluded in each case for a sports field booking or an additional offer within the framework of their contractual relationship. Likewise, only the partners and the users are mutually liable, within the framework of the applicable contractual and legal provisions, for any damage, including damage to life, limb and health, which occurs during or through the exercise of the respective sporting activity.
7.2 Integrity and confidentiality of data
PLAYSPORTS takes appropriate technical and organisational measures to protect user data against loss, theft or manipulation in accordance with the state of the art.
7.3 Reception interference and maintenance
7.3.1 PLAYSPORTS accepts no liability for faults within the radio network for which PLAYSPORTS is not responsible.
7.3.2 PLAYSPORTS is not liable for the temporary inaccessibility of the application in the context of necessary maintenance work. Maintenance work has to be announced by PLAYSPORTS with a notice period of 24 hours. If a security threat requires a shorter notice, PLAYSPORTS is entitled in this case to carry out the maintenance work immediately.
7.4 Disclaimer
The unlimited liability of PLAYSPORTS for injury to health, life or limb based on a negligent breach of duty by PLAYSPORTS or an intentional or negligent breach of duty by a legal representative or vicarious agent shall remain unaffected in all the aforementioned cases. Likewise, PLAYSPORTS shall be liable without limitation in the case of intent and gross negligence, but for slight negligence only in the case of breach of material contractual obligations. Essential contractual obligations are all those which are necessary for the fulfilment of the contract. The liability in case of breach of such an essential contractual obligation is limited to the damage typical for the contract, which PLAYSPORTS had to expect at the time of conclusion of the contract due to the circumstances known at that time. In all other respects the liability of PLAYSPORTS is excluded.
7.5 PLAYSPORTS Move
For organisations participating in our PLAYSPORTS Move programme, deviating liability provisions regulated in individual agreements may apply to the PLAYSPORTS Move programme in connection with the services guaranteed by PLAYSPORTS and events held by PLAYSPORTS Heros.
8. CONTRACT TERM AND TERMINATIONS
8.1 Contract period
The minimum subscription period is one month. It is extended by one month at a time if the user does not cancel.
8.2 Termination of the user
The user can cancel monthly. The user can give notice of termination up to the moment of renewal - expiry of the month - by changing the switch to "inactive" in the profile settings (billing there).
8.3 Termination without notice by playSports
PLAYSPORTS has the right to terminate the user contract with the user without notice if the user has repeatedly violated these terms of use, in particular clauses 4 and 5. In the case of particularly serious violations, insults, racism or similar, PLAYSPORTS reserves the right to immediately exclude the user even in the case of one-off violations.
8.4 PLAYSPORTS Move
For organisations participating in our PLAYSPORTS Move programme, different notice periods may apply to the PLAYSPORTS Move programme, which are regulated in individual agreements.
9. CONSUMER OBLIGATION INFORMATION
9.1 Right of withdrawal (for consumers)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, PLAYSPORTS GmbH, Lützowstraße 24, 40476, phone: +4915773646885, e-mail: widerruf@playsports.world by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
- (If you wish to revoke the contract, please complete and return this form).
- PLAYSPORTS GmbH, Lützowstraße 24, 40476, e-mail: widerruf@playsports.world:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Date
_______________
(*) Delete as applicable.
9.2 Consumer arbitration
Complaint procedure via the ODR platform: Consumers have the option of seeking out-of-court dispute resolution in disputes via this link to the European ODR platform.
10. FINAL PROVISIONS
10.1 The contractual relationship between the user and PLAYSPORTS as well as the respective terms of use shall be governed by the laws of the Federal Republic of Germany. The existing legal regulations and rights in favour of the consumer according to the law of the user's country of residence remain unaffected by this agreement. The application of UN sales law is excluded.
10.2 If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected. The invalid provision shall be replaced by the legal provision.
TERMS OF USE
- Scope
- Access authorisation and registration
- Appointments and bookings
- Timeline contents and rights of use
- Rules of conduct
- Prices and payments
- Liability PLAYSPORTS
- Contract duration and terminations
- Compulsory consumer information
- Final provisions
1. SCOPE
1.1 Scope and conflicting provisions
These terms and conditions apply to the use of the software application "PLAYSPORTS". This is operated by PLAYSPORTS GmbH, Lützowstraße 24, 40476 Düsseldorf, hello@playsports.world, represented by the managing directors Roy Pöschel and Fabian Becker (hereinafter "PLAYSPORTS").
Conflicting conditions of the user are not recognised. Regulations deviating from these terms of use are only valid if PLAYSPORTS expressly agrees to them.
1.2 Changes to these Terms of Use
Changes to these terms of use will be communicated to the user by PLAYSPORTS in writing or by e-mail. If the user does not object to such changes within six weeks after receipt of the notification, the changes are deemed to be agreed. The user will be informed separately about the right to object and the legal consequences of silence in case of changes to the terms of use.
2. ELIGIBILITY AND REGISTRATION
2.1 Access authorisation
PLAYSPORTS offers the user the possibility to arrange a common sports activity with other users and to share this activity with other users in the timeline by uploading text and image information. PLAYSPORTS also offers the possibility to participate in training and other sporting events (physical and digital) and to hold competitions with a scoring system. In this regard, PLAYSPORTS cooperates with local sports associations, sports clubs, commercial sports facilities, municipalities and other organisations (hereinafter referred to as "partners") on whose premises the sports activity can be practised. Access to PLAYSPORTS is free of charge.
A user must have reached the age of thirteen to be able to register independently with PLAYSPORTS. Registration in the app for users who have not yet reached the age of sixteen is subject to the approval of their parents. They can declare their consent via a confirmation link sent by e-mail. The account will not be activated until the confirmation is received. The user must be at least eighteen years of age to use services for which a fee is charged. By registering or using fee-based services, the user assures that he/she has reached the required minimum age.
2.2 Registration of Partner Members
There are two options for affiliate members to register with PLAYSPORTS; for organisations participating in our PLAYSPORTS Move programme, there is an additional third option.
2.2.1 The user can consent to the use of his name and e-mail address for the purpose of registration with PLAYSPORTS vis-à-vis the administrator of the partner, the so-called organisation owner. The user also agrees to these terms of use. The organisation owner then transmits the aforementioned data of the user to PLAYSPORTS. The user will then receive an e-mail with a temporary password via the PLAYSPORTS app. The user can use this to log in to the PLAYSPORTS app, whereby the temporary password must be replaced by an individual password during the registration process. If the user does not log in within three months of receiving the email, his account will expire and the data will be deleted by PLAYSPORTS.
2.2.2 As an alternative to clause 2.2.1, the user can first register himself in the PLAYSPORTS app. After entering the required registration information and clicking the button "Register for free" the contract for the use of the app is concluded between the user and PLAYSPORTS subject to these terms and conditions.
The user then has the option of joining a partner by clicking on "My Club"/"My Spot" in the partner's profile. The name and e-mail address are transmitted to the partner, who can then confirm or reject the user's membership at his or her own discretion. The user will be informed of this by e-mail.
PLAYSPORTS is not obliged to provide the user's real name. However, providing a pseudonym may make it impossible for the partner to assign the user via the "My Club"/"My Spot" function.
2.2.3 For organisations participating in our PLAYSPORTS Move Programme, there is an option to deposit a domain. After verification of the ownership of the domain, all new users who register with an email address of this domain and who in turn confirm the ownership of the email address will be assigned to the organisation. Optionally, only a membership request is created automatically.
After entering the required registration information and clicking the button "Register for free", the contract for the use of the application is concluded between the user and PLAYSPORTS subject to these conditions
2.3 Users without partner membership
Registration is carried out in accordance with section 2.2.2. The user can voluntarily enter the payment data required for bookings subject to a charge in his profile settings after registration. Otherwise, their specification is required for the fulfilment of the contract in the event of the conclusion of a subscription or within the scope of the first booking.
2.4 Profile information
The user can voluntarily enter further profile information such as gender, date of birth, sports, interests and contact details in the profile settings after registration. The date of birth is required for the contractual use of the functions "Matching by age group" and "Ranking by age group". Without the date of birth, these functions are not available to the user. The specification of the gender is required for the classification in the rankings differentiated by "Men", "Women" or "Divers". Without entering the gender, a corresponding classification cannot be made. By specifying sports and interests, the user can be shown suitable activities in the "For you" area. For the use of the competition function, neither age nor gender must be specified, as the participation in the competition and the competition conditions can be freely designed by the users. If entry in a customer or guest list is required for a booking, the storage of contact data can simplify repeated entry for bookings.
2.5 Alias accounts
The legal guardian of a user who has not yet reached the minimum age can allow the user to use PLAYSPORTS via the partner dashboard with an alias account. This is created via the user account. The name of the minor is required for this. Notifications, invitations to sporting activities etc. will be sent to the account of the parent or guardian user.
The creation of an alias account is also possible for partner members who do not have their own e-mail address.
2.6 Map and location data
To use the search for sports fields and users for a sports activity in the vicinity, the use of the Google Maps service and the activation of the location function of the mobile end device is required. The use of the PLAYSPORTS app is possible without these services, but leads to a severely limited user experience without the possibility of finding possible sports activities in the vicinity.
3. APPOINTMENTS AND BOOKINGS
3.1 Appointments
Users can arrange to meet via PLAYSPORTS by clicking on the "Let's MEET" button for activities at publicly accessible (or other) sports fields that are not reserved in advance. This does not result in any contractual obligation towards PLAYSPORTS or the participants. The number of participants is visualised via the calendar display so that interested parties can estimate the number of participants.
Users can also create an appointment at any other location via the Create Booking button on the map and invite other users or allow them to participate.
3.2. check-in at the sports facility/current location
Users can check-in to the respective sports field or current location by clicking on the "Check-In" button, specifying an expected period of time (between 0.5 and 12 hours) that they will spend at the sports field or current location. For this period, they are actively registered as a user of the sports facility and do not have to confirm their presence for individual events, e.g. competitions. If the user has checked in at their location, the above applies to all sports facilities or activities in the vicinity. A user has the possibility to publish their presence so that other users can see who is currently visiting a facility. A checked-in user can participate in activities via "Let's MEET" or make bookings in accordance with section 3.3.
3.3 Booking of a sports field
The user has the possibility to book a sports field for the desired sporting activity with a PLAYSPORTS partner via PLAYSPORTS. By clicking on the "Let's PLAY" button, the user makes an offer to book the respective sports field and at the same time can invite other users for the respective activity via internal PLAYSPORTS notification (e-mail or push message). With the confirmation of the invited person, a binding contract between the participating users and the partner is concluded. This is documented by the display "Booking confirmed (name of user)" in the PLAYSPORTS app. The "first come, first serve" principle applies to bookings. In the case of parallel bookings, the contract is concluded with the users whose invitation is accepted first.
3.4 Partner member bookings with external partners
Partners with their own sports fields should make at least one sports field available to the PLAYSPORTS community during their opening hours.
Furthermore, they decide at their own discretion whether and which further contingent of sports fields they make available to the general PLAYSPORTS community. If further allotments are made available, the members of a partner can use the free allotments of other partners free of charge.
3.5 Booking of events and trainings (physical and digital)
Users can participate in events through PLAYSPORTS: They can book a training session with a coach or take part in other physical or digital events organised by PLAYSPORTS Heros and publishers. Users can select the offers made by a coach and then make a binding booking by clicking on the "Participate" button. Otherwise, 3.2 applies, with the exception that the contract is concluded with the Coach/Publisher and Hero, if applicable.
Digital events are conducted either as a live stream or video conference directly in the PLAYSPORTS app. At the time the event starts, the "Join Session" button appears to start the digital connection.
Coaches and publishers regularly offer their own event formats. Heros regularly run events created and curated by PLAYSPORST.
3.6 Guarantee booking
A user can book a place with a guaranteed booking for activities in which more than one user participates, provided that a partner releases this option. The contract is concluded in accordance with section 3.2, with the difference that the booking user is bindingly responsible for booking the minimum number of participants envisaged by the partner. The regulations on cancellation apply accordingly. For payment, see clause 6.5.
3.7 Cancellation by Partner Members
If a user participating in the sporting activity is a partner member of the booked facility, he/she may cancel his/her confirmed booking commitment free of charge.
3.8 Cancellation of sports areas by non-partner members
If the booking user or one of the participating users is not a member of the partner providing the sports space and the booking is not a booking within the meaning of clause 3.4, the pitch can be cancelled free of charge until 23:59 on the day before the day of the sporting activity. Thereafter, the cancellation fee shall be 50% of the booking price agreed with the respective user. The cancellation fee will be collected from all bindingly booked users of the respective activity if the entire booking is void as a result of the cancellation. Otherwise, the cancellation fee will be charged to the respective cancelling party in accordance with the payment method deposited.
3.9 Validity of the contractual provisions of the partners
The booking of a sports field is subject to any additional contractual provisions of the partners, such as club bylaws for club members or any house rules that may apply to the sports fields.
3.10 Cancellation of events and trainings (physical and digital)
For paid events and trainings (physical and digital), the cancellation of participation is possible free of charge until 23:59 on the day before the day of the sporting activity. After this time, the cancellation fee is 50% of the booking price agreed with the respective user and will be charged to the respective cancelling party in accordance with the deposited payment method.
4. CONTENTS OF THE TIMELINE AND RIGHTS OF USE
4.1 Sharing content on the Timeline
The user has the possibility to share his/her sporting activities with other users in the timeline, via comments on posts and bookings or in his/her profile and to upload media files such as pictures, videos and GIFs in common formats for this purpose. The user also has the possibility to participate in video live streams and video conferences or to start these via posts (and bookings, if applicable). Recordings are made in the process.
For the use of personal data collected in this way, please see the PLAYSPORTS Privacy Policy.
4.2 Granting of rights of use
The user grants PLAYSPORTS a non-exclusive right of use, unlimited in time and place, to the content posted by him/her in accordance with clause 4.1.
4.3 Liability for content posted by the user
PLAYSPORTS does not check content before it is posted by the user. The user shall ensure that he/she either owns the necessary rights for the content he/she posts or has had these rights granted to him/her by third parties beforehand. This also applies to the consent of persons depicted in the publication of media files.
4.4 Claim for exemption
If claims are made against PLAYSPORTS by third parties due to possible infringements of property rights, in particular copyright and personal rights, the user must indemnify PLAYSPORTS against these claims by third parties.
5. RULES OF CONDUCT
5.1 The user undertakes not to post any illegal content, in particular any defamatory, racist, pornographic or inciting content, in his timeline or profile.
5.2 The user has the possibility to inform PLAYSPORTS about illegal content or content that violates his or her personal rights by using the "Report" function.
PLAYSPORTS will immediately block the content in question after being informed by the user concerned, unless the reported content is obviously lawful, and will request the authoring user to make a statement and send his statement to the complaining user for a new statement. If the statements of the users involved prove the correctness of the facts alleged in the content or if it is a pure value judgement, PLAYSPORTS will release the rating again, otherwise remove it permanently from the timeline. The users concerned shall otherwise have the right to take legal action.
6. PRICES AND PAYMENTS
6.1 The price models and prices in the current price overview shall apply. Clause 1.2 applies accordingly to price changes for subscriptions during the term of the contract. All prices quoted include the statutory value added tax. For organisations participating in our PLAYSPORTS Move programme, different prices may apply, which will be shown transparently on the booking page before the contract is concluded.
6.2 For members of a PLAYSPORTS partner, the booking of a sports area with this partner via the PLAYSPORTS app is free of charge. If the partners make contingents available to the community as defined in clause 3.2, their members can use free contingents free of charge. The prices stated in each case apply to additional offers.
For staff/users of organisations participating in our PLAYSPORTS Move programme, invoicing for bookings within the organisation's individual settings will be made first to the organisation.
6.3 Payment processing is carried out via the payment service provider Stripe, 510 Townsend Street, San Francisco, CA 94103, USA. For this purpose, the credit card or SEPA direct debit data must be deposited with Stripe. The terms and conditions and privacy policy of Stripe also apply. PLAYSPORTS is authorised by the respective partner to collect the booking amount due on its behalf.
6.4 The subscription fee is debited monthly, for the first time on the day the subscription is booked. The amount due in each case for sporting activities will be debited on the day of the match.
6.5 In the case of a guaranteed booking, the booking User shall pay the guaranteed minimum price, provided that no other Users join his booking. If other Users join the guaranteed booking, the price and the resulting payment shall be divided among the participating Users.
6.6 For organisations participating in our PLAYSPORTS Move programme, invoicing for basic fees, events and bookings triggered by staff/users of the organisation will take place within the organisation's individual settings at the end of the month.
7. LIABILITY PLAYSPORTS
7.1 Liability for performance of the contract
With the PLAYSPORTS App, PLAYSPORTS provides the platform for the conclusion of contracts and the processing of concluded contracts between the user and the partners for the booking of training and sports fields. Consequently, PLAYSPORTS only acts as an intermediary in the context of sports field booking and is not liable for claims arising from contracts concluded between users and partners via the platform.
The partners and the users are exclusively liable for the fulfilment of the contract concluded in each case for a sports field booking or an additional offer within the framework of their contractual relationship. Likewise, only the partners and the users are mutually liable, within the framework of the applicable contractual and legal provisions, for any damage, including damage to life, limb and health, which occurs during or through the exercise of the respective sporting activity.
7.2 Integrity and confidentiality of data
PLAYSPORTS takes appropriate technical and organisational measures to protect user data against loss, theft or manipulation in accordance with the state of the art.
7.3 Reception interference and maintenance
7.3.1 PLAYSPORTS accepts no liability for faults within the radio network for which PLAYSPORTS is not responsible.
7.3.2 PLAYSPORTS is not liable for the temporary inaccessibility of the application in the context of necessary maintenance work. Maintenance work has to be announced by PLAYSPORTS with a notice period of 24 hours. If a security threat requires a shorter notice, PLAYSPORTS is entitled in this case to carry out the maintenance work immediately.
7.4 Disclaimer
The unlimited liability of PLAYSPORTS for injury to health, life or limb based on a negligent breach of duty by PLAYSPORTS or an intentional or negligent breach of duty by a legal representative or vicarious agent shall remain unaffected in all the aforementioned cases. Likewise, PLAYSPORTS shall be liable without limitation in the case of intent and gross negligence, but for slight negligence only in the case of breach of material contractual obligations. Essential contractual obligations are all those which are necessary for the fulfilment of the contract. The liability in case of breach of such an essential contractual obligation is limited to the damage typical for the contract, which PLAYSPORTS had to expect at the time of conclusion of the contract due to the circumstances known at that time. In all other respects the liability of PLAYSPORTS is excluded.
7.5 PLAYSPORTS Move
For organisations participating in our PLAYSPORTS Move programme, deviating liability provisions regulated in individual agreements may apply to the PLAYSPORTS Move programme in connection with the services guaranteed by PLAYSPORTS and events held by PLAYSPORTS Heros.
8. CONTRACT TERM AND TERMINATIONS
8.1 Contract period
The minimum subscription period is one month. It is extended by one month at a time if the user does not cancel.
8.2 Termination of the user
The user can cancel monthly. The user can give notice of termination up to the moment of renewal - expiry of the month - by changing the switch to "inactive" in the profile settings (billing there).
8.3 Termination without notice by playSports
PLAYSPORTS has the right to terminate the user contract with the user without notice if the user has repeatedly violated these terms of use, in particular clauses 4 and 5. In the case of particularly serious violations, insults, racism or similar, PLAYSPORTS reserves the right to immediately exclude the user even in the case of one-off violations.
8.4 PLAYSPORTS Move
For organisations participating in our PLAYSPORTS Move programme, different notice periods may apply to the PLAYSPORTS Move programme, which are regulated in individual agreements.
9. CONSUMER OBLIGATION INFORMATION
9.1 Right of withdrawal (for consumers)
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, PLAYSPORTS GmbH, Lützowstraße 24, 40476, phone: +4915773646885, e-mail: widerruf@playsports.world by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
- (If you wish to revoke the contract, please complete and return this form).
- PLAYSPORTS GmbH, Lützowstraße 24, 40476, e-mail: widerruf@playsports.world:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Date
_______________
(*) Delete as applicable.
9.2 Consumer arbitration
Complaint procedure via the ODR platform: Consumers have the option of seeking out-of-court dispute resolution in disputes via this link to the European ODR platform.
10. FINAL PROVISIONS
10.1 The contractual relationship between the user and PLAYSPORTS as well as the respective terms of use shall be governed by the laws of the Federal Republic of Germany. The existing legal regulations and rights in favour of the consumer according to the law of the user's country of residence remain unaffected by this agreement. The application of UN sales law is excluded.
10.2 If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness at a later date, the validity of the rest of the contract shall not be affected. The invalid provision shall be replaced by the legal provision.
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