Playtomic Global Directory

Legal conditions


1. GENERAL INFORMATION
The ownership of this website, www.playtomic.io, (hereinafter Website) is held by: Playtomic, SL, provided with NIF: B-84604792 and registered in: Registro Mercanitl de Madrid; and its registration data are: volume 35650, Book0, Folio 84, Section 8, Page M-430240 and whose contact information are:
Calle Lagasca 88, 8º puerta 2, 28001; Madrid, España.
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.playtomic.io) and the purchase or acquisition of products and / or services therein and through the Playtomic App (in forward, Conditions).
For the purposes of these Conditions it is understood that the activity that Playtomic develops through the Website or the Playtomic App includes:
Marketing and booking of paddle courts, tennis courts and golf courses. Providing additional Premium Features, in case Users purchase Playtomic Unlimited – Premium Plan (hereinafter, “Premium Plan”).
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including, the cookie policy, and the privacy and privacy policy. Playtomic data protection. By using this Website or making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Terms and all of the above, so if you do not agree with everything Therefore, you should not use this Website.
Also, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the moment in which the acquisition of products and / or services is requested will apply.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
 
2. THE USER
The access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, since the navigation of the Website begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
  • Make use of this Website only to make inquiries and purchases or purchases legally valid.
  • Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and legal contact data, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed primarily at Users residing in Spain. Playtomic does not ensure that the Website complies with the laws of other countries, either totally or partially. Playtomic declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his / her option, with Playtomic the contract for the sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on this Website.
 
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the Website by the means and established forms. You must follow the online purchase and / or acquisition procedure of www.playtomic.io, during which several products and / or services can be selected and added to the cart, basket or final purchase space and finally click on “pay”
Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Playtomic has received his order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your purchase is being sent. In your case, this information may also be made available to the User through your personal space of connection to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, in your case, through your personal space of connection to the Website. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from Playtomic using the contact spaces of the Website or through the contact information provided above.
The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The User knows that Playtomic shows him for his interest a series of services that the owner does not lend to the Users directly, but that they will be hired and provided by a third party other than Playtomic.
The communications, purchase orders and payments that take place during the transactions made on the Website may be archived and kept in the computerized records of Playtomic with the purpose of constituting a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in compliance with the LOPD and the rights that assist Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use). The purchase procedure above may not apply for the acquisition of the Premium Plan, which shall be done through the relevant app store as indicated in section 4 of these Conditions.
 
4. PREMIUM PLAN
Playtomic makes available for Users a Premium Plan which, if purchased by the User (hereinafter, “Premium User”), shall provide access to the following features or services within the Playtomic App (hereinafter, “Premium Features”):
  • Advanced Stats: Premium Users shall be provided with advanced information regarding play-time, games among others.
  • Zero Commissions: Premium Users shall not be charged with (i) any fees that Playtomic may accrue (depending on the relevant territory) to other Users for booking paddle courts, tennis courts and golf courses and (ii) any cancellation fee which Playtomic may apply for cancelling any courts booked through Playtomic, provided that said cancellation is made twenty-four (24) hours in advance (otherwise, the cancellation policy of the club may apply).
  • Golden Match: promote the match distinguished and promoted on the available matches, allowing Premium Users to engage, connect and get other players faster in order to play the relevant match published by the Premium User in the Playtomic App.
  • Priority Alerts: Premium Users shall be able to setup an unlimited number of alerts in relation to available courts or last-minute cancellations within certain locations, dates, and timetables.
  • Golden Halo: Premium Users’ picture shall be surrounded by a Golden Halo identifying Premium Users from other Users.
Payment of the Premium Plan fee (monthly or annual basis) shall be managed through the relevant application store. Premium Users declare to be aware of and accept to be bound by the relevant terms and conditions of the app stores which can be consulted in the following links:
  • Google store: https://play.google.com/about/play-terms/index.html
If applicable, Premium Users accepts and warrants that the use of the Premium Plan shall be strictly used by the Premium User for his/her own and personal purposes, and undertake not to engage in any unlawful activity (e.g. resale or transfer of the reserved courts to other Users).
Playtomic may terminate these Conditions, including any additional terms and conditions incorporated herein, or suspend User’s access to any service offered by Playtomic at any time if the User has breached any of these Conditions. The Premium User may also terminate his/her subscription to the Premium Plan for convenience by cancelling it through the relevant app store before the next payment date is due, in accordance with the instructions and time periods described in the relevant terms and conditions of the app store mentioned above. In any event Playtomic, subject to applicable law, shall have no liability to the User and shall not refund any amounts paid for the Premium Plan. Section 10 (“Cancellations”) below shall not apply to the purchase of a Premium Plan. Playtomic reserves the right to restrict the Premium Plan to a limited number of Users.
 
5. AVAILABILITY
All purchase orders received by Playtomic through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, Playtomic undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.
 
6. PRICES AND PAYMENT
Playtomic reserves the right to update their fees at any time and will provide the Client notice of any fee changes before they become effective.
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
However, unless otherwise indicated, otherwise the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits you.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
To help Playtomic run smoothly and to cover the costs of the products and services we provide like customer support, we charge a service fee when a reservation has been confirmed. This service fee is clearly visible on the checkout flow. This means you as the player are agreeing to pay all charges for your reservation including applicable fees like the Playtomic service fee when applied and any other items identified during the checkout (collectively, “Total Price”).
In some circumstances the club might have decided not to apply a service fee directly to you as the player but instead taken on the cost themselves, in these cases you will see the service fee as 0.
In the event of cancellation of a booked activity, Playtomic may withhold part of the payment as a commission for the service offered.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, or in case of payment of the Premium Plan, the means provided for in the terms and conditions of the relevant app stores.
Playtomic uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize payment, Playtomic will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.
Once Playtomic receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service that is provided in the form and, where appropriate, established place.
In any case, by clicking “pay” the User confirms that the payment method used is his or that, where appropriate, is the legitimate holder of the gift card or credit card.
In addition to the above, the Premium Plan may include, at Playtomic’s discretion at each time and depending on the subscription modality selected by the Premium User (monthly or annual basis), a free trial period (“Free Trial”). Unless otherwise stated, Free Trials are limited to new subscribers to the Premium Plan and only for the first subscription. No charges will be made to your Payment method during the Free Trial period. Unless you cancel your Free Trial in advance through the relevant app store before the first payment date is due, in accordance with the instructions and time periods described in the relevant terms and conditions of the app store mentioned in section four of these Conditions, you will be charged the Premium Plan fee through the relevant payment method on the next day to the expiration date of your Free Trial period.
 
7. PROMOTIONS
Playtomic, SL, provided with CIF B-84604792, with registered office at Paseo de la Castellana nº 93, 10th floor, Madrid CP 28046 (hereinafter, “Playtomic”), will carry out different promotions aimed at all potential users of the Playtomic application (hereinafter, the “Promotions”), with the purpose of promoting downloads and subscriptions in the Playtomic application in Spain by new users (hereinafter the “App”).
7.1. Territorial scope and application of the promotion: these Promotions will be carried out within the Spanish State, exclusively for users of the App residing in Spanish territory.
7.2. Temporal scope: The participation period in each Promotion will start on the date of its launch and will end on the date indicated in the communication of each of the different Promotions published by Playtomic.
7.3. Free nature of the promotion: The Promotions will be carried out under the modality of “free”, that is, the participation in these Promotions will not imply any expense for the participant.
7.4. Communication of the promotion: The Promotions will be communicated during the period in which they are active.
7.5. Legitimated persons and mechanics of the promotion: The conditions to participate in these Promotions will be determined by the particularity of the same. In this way, each Promotion will have different conditions to which the user must comply in each case. These conditions, in addition to the participation dynamics, will be specified in the communication issued by Playtomic for each of the Promotions that are launched.
7.6. Reservations and limitations: Playtomic reserves the right to reject the registration of those participants whose data is not complete or their codes do not meet the requirements to participate in the Promotions.
Playtomic reserves the right to make changes that result in the good end of the Promotions, when there is just cause or force majeure reasons that prevent it from being completed in the manner described in these rules.
7.7. Acceptance: The participation in the Promotions implies, by itself, the acceptance of the present bases and the particular terms of each Promotion, if applicable. The lack of this acceptance by the participant will lead to the exclusion of their participation in the Promotions.
7.8. Processing of personal data: In compliance with the provisions of the General Data Protection (GDPR) and the relevant local Law, we provide you with the information regarding the procesing of your the personal data in Playtomic´s Privacy Policy, which can be found at https://playtomic.io/privacy-policy
 
8. PURCHASE BONUS
  • The Wallet or Wallet is a means of payment, so the Wallet holder can use it in accordance with the provisions of this document.
  • The balance available in the Wallet will not generate any financial performance.
  • The owner will be fully responsible for the use, storage and custody of your Wallet, therefore, PLAYTOMIC is exempt from any liability for misuse that may arise.
  • The Credit can not be sent and / or transferred to another User, it is for the exclusive use of each registered user. The Credit must be used exclusively by the User who has acquired it. The User agrees that PLAYTOMIC, in its sole and sole discretion, has the right (but not the obligation) to remove or deactivate the User’s account, to block their email address or IP, or otherwise cancel the access or the use of the Service (or part thereof) by the User, immediately and without prior notification.
9. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the Website, he may modify them by contacting Playtomic through the contact spaces enabled. on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “pay”, has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.
 
10. CANCELLATIONS
In cases where the User purchases products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
 
Right of Cancellation
To exercise this right of withdrawal, the User must notify Playtomic of its decision. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
info@playtomic.io
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. In any case, the User may use the withdrawal form model that Playtomic makes available as part of these Conditions, however, its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, Playtomic will reimburse the User for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which Playtomic is informed of the decision to cancel by the User.
Playtomic will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been fully executed by Playtomic, he will have lost his right of withdrawal.
 
11. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Playtomic will not accept any liability for the following losses, regardless of their origin:
  • any losses that were not attributable to any breach on your part,
  • Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.
Likewise, Playtomic also limits its responsibility in the following cases:
  • Playtomic applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
  • Playtomic will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
  • Technical failures that due to fortuitous causes or of another nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Playtomic puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.
  • Playtomic will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Playtomic will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
  • Playtomic will in no case be liable for any direct or indirect damages that may be caused to Premium Users as a consequence of the payment process and payment means through the relevant app stores.
  • In general, Playtomic will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when the same is due to events that are out of our reasonable control, that is to say, that they are due to force majeure, and this may include, but not limited to:
    • Strikes, lockouts or other industrial action.
    • civil onmoción, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Playtomic will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. Playtomic will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
 
12. INDEMNITY
All the actions you make and information you post on Playtomic remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives, and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
  1. any negligent acts, omissions or willful misconduct by you;
  1. your access to and use of the App;
  1. the uploading or submission of Content to the App by you;
  1. any breach of these Terms by you; and/or
  1. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Playtomic Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
 
13. WRITTEN COMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Playtomic are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Playtomic sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Playtomic through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Playtomic may contact and / or notify the User in his / her email or at the postal address provided.
 
14. WAIVER
No waiver by Playtomic of a specific right or legal action or lack of requirement by Playtomic of strict compliance by the User with any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User of the fulfillment of his obligations.
No waiver by Playtomic of any of these Conditions or of the rights or actions arising from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
 
15. NULLITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
 
16. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and Playtomic in relation to the object of purchase and replace any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.
The User and Playtomic acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
 
17. DATA PROTECTION
The information or personal data that the User provides to Playtomic in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies (Privacy Policy, which can be consulted at: https://playtomic.io/privacy-policy).
 
18. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sale agreements between Playtomic and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
 
19. COMPLAINTS AND CLAIMS
The User can send to Playtomic their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Playtomic has official complaint forms available to consumers and users, which they can request from Playtomic at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if from the conclusion of this purchase contract between Playtomic and the User emanates a controversy, the User as a consumer may request an extrajudicial settlement of disputes, in accordance with Regulation UE Nº 524/2013 of the European Parliament and of the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
All the actions you make and information you post on Playtomic remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
  1. any negligent acts, omissions or willful misconduct by you;
  1. your access to and use of the App;
  1. the uploading or submission of Content to the App by you;
  1. any breach of these Terms by you; and/or
  1. your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Playtomic Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.