Playtomic Legal Conditions
1. DEFINITIONS
2. GENERAL INFORMATION
3. INTELLECTUAL PROPERTY
4. THE USER
Playtomic Level
Result Modifications
User Misconduct and Community Guidelines
Court Conditions
Public Matches No Show
5. PURCHASE OR ACQUISITION PROCESS
6. PREMIUM PLAN
7. PRICES AND PAYMENT
8. DEBT MANAGEMENT
9. CANCELLATIONS
Right of Cancellation
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
11. WAIVER
12. NULLITY
13. ENTIRE AGREEMENT
14. DATA PROTECTION
15. APPLICABLE LEGISLATION AND JURISDICTION
16. COMPLAINTS AND CLAIMS
17. UPDATES TO TERMS
18. AGE RESTRICTIONS
19. FORCE MAJEURE
20. SEVERABILITY
21. THIRD-PARTY LINKS AND CONTENT
22. USER-GENERATED CONTENT
23. TERMINATION
24. LANGUAGE
1. DEFINITIONS
For the purpose of these Terms and Conditions:
- 'Playtomic' refers to Playtomic, S.L., the owner and operator of the Playtomic Website and App.
- 'Website' means the website www.playtomic.io.
- 'App' refers to the Playtomic mobile application.
- 'User' means any person who accesses, browses, or uses the Playtomic Website or App.
- 'Premium User' refers to a User who has subscribed to the Playtomic Premium Plan.
- 'Club' means any sports facility or organization that offers services through Playtomic.
- 'Services' include, but are not limited to, court reservations, public matches, classes, open matches, private classes, courses, tournaments, and leagues offered through Playtomic.
- 'Premium Plan' refers to the subscription-based service offering additional features to Users.
- 'Content' means any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials.
2. GENERAL INFORMATION
The ownership of this website, www.playtomic.io, (hereinafter referred to as Website) and of the Playtomic Application (hereinafter referred to as App) is held by: Playtomic, S.L., with NIF: B-84604792 and registered in: Commercial Registry of Madrid; and its registration details are: volume 35650, Book 0, Folio 84, Section 8, Sheet M-430240 and whose contact details are:
Calle Lagasca 88, 8th floor, door 2, 28001; Madrid, Spain.
This document (as well as all other legal deeds mentioned herein) regulates the conditions governing the use of this Website and the App and the purchase or acquisition of services on it (hereinafter, Conditions).
For the purposes of these legal conditions, it is understood that the activity that Playtomic develops through the Website or the App includes:
Commercialization and reservation of padel courts or tennis courts or any other sports such as Pickleball, Badminton, Squash, Beach Tennis, Table Tennis, Football, Beach volley, Padbol, Volleyball, Basketball, Cricket. The provision of additional Premium Functions, in case Users acquire Playtomic Unlimited - Premium Plan (hereinafter, "Premium Plan") may include, among others, classes, tournaments or free games.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the cookies policy, and Playtomic's privacy policy on 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. If the User does not agree with all of the above, the User must not use this Website.
Likewise, the User is informed that these Conditions may be modified. The User is responsible for consulting them each time they access, browse and/or use the Website, as those that are in force at the time the acquisition of products and/or services is requested will be applicable.
Playtomic offers various services to users, aimed at improving their sports experience. These services include:
- Reservations: users can book courts for different sports directly through the Playtomic application
- Open matches: users can join open matches, which are matches available to the public in which anyone can participate
- Public classes: users can enroll in group classes to improve their skills in various sports
- Private classes: users have the option to book individual sessions with coaches for personalized training
- Courses: Structured courses are available for users to learn and improve their skills over a series of sessions
- Tournaments: users can participate in organized tournaments, competing against others in structured competitions
- Leagues: users can join leagues to play competitively regularly over a season, helping them improve their game and meet other users.
For all questions that the User may have regarding the Conditions, they can contact Playtomic using the email address: hola@playtomic.io
3. INTELLECTUAL PROPERTY
All content, features, and functionality on the Website and App, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Playtomic, its licensors, or other content suppliers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Users are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and App solely for personal, non-commercial purposes in accordance with these Terms.
Users may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website or App, except as follows:
- Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
The Playtomic name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Playtomic or its affiliates or licensors. Users must not use such marks without the prior written permission of Playtomic throught legal team: legal@playtomic.io
4. THE USER
Access, navigation, and use of the Website attributes the condition of user (hereinafter, indistinctly, individually as User or collectively as Users), therefore accepting, from the start of navigation on the Website and the App, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website and the App. This responsibility will extend to:
- Making use of this Website and the App only to make legally valid inquiries and purchases.
- Not making any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be canceled and the relevant authorities informed.
- Providing true and legal contact information, for example, email address, and/or other information as the name or the phone number.
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website and the App.
The Website and the App are primarily aimed at Users residing in Spain. Playtomic does not guarantee that the Website or the App complies with the laws of other countries, either in whole or in part. 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.
Playtomic Level
The Playtomic level is a classification system designed to match users with others of similar skill levels, thus ensuring balanced and fun games. This level is determined through factors such as game history, peer reviews, and self-assessment, all of which contribute to creating fair matches and improving the overall gaming experience. The level is under constant development by Playtomic.
Scenarios for Changing Playtomic Levels
Users can request a change in their Playtomic level in the following scenarios:
- Initial Level Adjustment:
- When a new user sets their initial level with the initial questionnaire, they can adjust it by 0.5 points, either up or down.
- The initial level cannot be lower than 0.5 or higher than 5.7.
- Self-Downgrading:
- Users can self-downgrade their level if they believe it's too high.
- This option is available without specific restrictions, and there is currently no cooling-off period between downgrades.
- Users cannot cancel their own self-downgrade or ask Playtomic to do it for them.
- Peer Review-Based Update:
- Users may be asked to update their level based on peer reviews received after matches.
- This feature ensures that the user's level accurately reflects their skill set.
- Coach-Certified Adjustments:
- A certified coach can adjust a user's level based on their assessment during a leveling session.
- This adjustment can increase or decrease the user's level and cannot be disputed by the user.
Level Change Policy
- Playtomic will not change a user's level outside the aforementioned scenarios.
- Requests for level changes outside these methods will not be considered.
Level Adjustments After Matches
- After each reservation or competitive match, users' levels increase or decrease based on the confirmed result:
- A win will increase the winner's level.
- A loss will decrease the loser's level.
- Draws may also result in level changes depending on the users' levels involved.
- The amount of change is based on an algorithm that considers the users' level , users’ reliability and the final result.
These mechanisms are designed to ensure that users' levels accurately reflect their abilities, thus improving the overall gaming experience for everyone involved.
Result Modifications
Users can add match results as soon as the match or reservation ends within 7 days. The opposing team can confirm these results or propose a different result. The initial team will respond similarly until both teams confirm a result or until 24 hours pass without a team editing or confirming. If the opposing team does not confirm or modify the results within 24 hours, the results are automatically confirmed.
Validity of Results
- To be valid, results must be added using the sport-specific result system practiced in the reservation or match.
- An invalid result is considered as a null result.
- Results are only considered valid if all four players who participated in the match are included. This is important because, at times, last-minute substitutions occur, and results are added without updating the players involved.
- Any changes to players must be managed by the club itself and cannot be made once the match has ended.
Editing Confirmed Results
- Once results are confirmed, users cannot edit them in the application.
- To request a change, users must contact the customer care team through the appropriate channels.
- The customer service team will confirm in the match chat that both teams agree to the change before proceeding.
Handling Unconfirmed Results
- Results that are not confirmed by the opposing team cannot be confirmed by Playtomic, except after 24 hours of the previous result addition.
- If the opposing team tries to confirm an incorrect result, users can only reject it and send the correct one.
These procedures ensure that match results are accurately recorded and agreed upon by both teams, maintaining fairness and integrity in the game.
User Misconduct and Community Guidelines
Playtomic is not responsible for any misconduct by other users that occurs before, during, or after a reservation or match made using our system. This includes any inappropriate, disruptive, or unsportsmanlike behavior exhibited by users. Playtomic encourages fair play and respectful behavior among all users.
Preventive Measures: Playtomic implements user verification processes and maintains clear community guidelines to minimize the risk of misconduct. All users are required to agree to these guidelines when creating an account.
Community Guidelines:
- Respect for All Users:
- Treat all players, coaches, and staff with respect regardless of skill level, age, gender, race, or background.
- Use appropriate language and avoid offensive, discriminatory, or hateful speech.
- Fair Play:
- Play fairly and honestly. Cheating or deliberately manipulating scores is strictly prohibited.
- Respect the rules of the sport and the decisions of officials or referees.
- Punctuality and Reliability:
- Arrive on time for reservations, classes, and matches.
- Proper Use of Facilities:
- Treat club facilities and equipment with care.
- Follow club-specific rules regarding attire, equipment use, and facility access.
- Safety First:
- Report any unsafe conditions or equipment issues to club staff immediately.
- Do not engage in behavior that could endanger yourself or others.
- Appropriate Communication:
- Keep communication through the app or at clubs respectful and related to sports activities.
- Do not use Playtomic to harass, threaten, or inappropriately contact other users.
- Privacy and Consent:
- Respect others' privacy. Do not share personal information about other users without their consent.
- Ask for permission before taking or sharing photos/videos of other players.
- Honest Representations:
- Provide accurate information about your skill level and playing experience.
- Do not misrepresent your identity or create multiple accounts.
- Dispute Resolution:
- Attempt to resolve conflicts amicably and professionally.
- Use appropriate channels (club management, Playtomic support) to report issues rather than engaging in public disputes.
- Compliance with Local Laws:
- Adhere to all local laws and regulations while using Playtomic services or at club facilities.
User Safety Tips:
- Always meet new players in public, well-lit areas.
- Inform a friend or family member about your plans when meeting new people.
- Trust your instincts -- if a situation feels uncomfortable, don't hesitate to leave.
- Keep your personal information private until you feel comfortable sharing it.
- Report any suspicious behavior to both the club and Playtomic immediately.
While Playtomic strives to provide the best possible support through our customer service channels, there are limitations to what we can do:
- Receiving Complaints: We encourage users to report any incidents of misbehavior. These reports help us maintain a record of issues and can be used to address recurring problems.
- Offering Guidance: Our team can provide guidance on how to handle specific situations and recommend appropriate actions or contacts to resolve issues.
- Facilitating Communication: We can help facilitate communication between users and club management to address and resolve disputes or concerns.
Consequences of Misconduct: Users who engage in misconduct may face consequences, including temporary or permanent bans from the Playtomic platform. The severity of the consequence will depend on the nature and frequency of the misconduct.
Privacy and Confidentiality: Playtomic assures users that any reports of misconduct will be handled with discretion and in accordance with applicable privacy laws. We respect the privacy of all parties involved while addressing these issues.
Dispute Resolution Process: In cases of misconduct, we recommend that players first contact the club where the incident occurred, explaining the situation in detail. Playtomic will need to contact the club to fully understand the case. Once we have determined that a user's behavior does not respect our community guidelines, that user may be banned from Playtomic.
Club Responsibilities: Clubs are responsible for reporting cases of misconduct to Playtomic and assisting us in determining the responsibilities of all parties involved.
Playtomic will make every effort to take the best decisions possible to ensure the community remains strong. However, in cases of serious misconduct, we recommend users present these cases to local authorities. Playtomic will provide support in the best manner possible to reduce the impact on each user.
Court Conditions
Playtomic is not responsible for issues related to the condition of the court where a reservation or match is played. This includes matters such as maintenance, quality, or safety concerns of the facility.
While we aim to support our users through customer service channels, please note the following:
- Reporting Issues: Users should address any problems related to court conditions directly with the club or facility management.
- Support Limitations: Playtomic has no direct authority over court maintenance or safety. Resolution of issues related to court conditions must be handled by club or facility management.
- Accuracy of Information: Only the club is responsible for the information provided on Playtomic. If a user finds the information to be incorrect, they must complain and request a refund directly from the club, not from Playtomic, as Playtomic is not responsible for this information. This information includes, but is not limited to: photographs, logos, court specifications and characteristics, contact information, location, listed amenities, operating hours, and any other descriptive information provided by the club.
- Booking Verification: Users are encouraged to verify booking details directly with the club before arriving, especially for important matches or events.
- Weather Conditions: Playtomic is not responsible for weather-related cancellations or court conditions. Users should check the club's weather policy and contact the club directly for such issues.
- Equipment: Users are responsible for bringing their own equipment unless otherwise stated by the club. Playtomic is not responsible for the availability or condition of any equipment provided by the club.
- Club Policies: Each club may have its own specific policies regarding court use, cancellations, and refunds. Users are advised to familiarize themselves with these policies when booking through Playtomic.
- Dispute Resolution: In case of any disputes regarding court conditions or information accuracy, users should first attempt to resolve the issue with the club. Playtomic may assist in facilitating communication but is not responsible for the final resolution.
These guidelines are in place to ensure clear understanding of responsibilities among Playtomic, the clubs, and the users. They aim to minimize misunderstandings and provide a framework for addressing potential issues that may arise during the use of our service.
Public Matches No Show
The User is aware that, in case of not showing up for a public match, the procedure carried out by Playtomic will be as follows:
- Notification: In case a user does not show up for a public match, the remaining users have the option to notify this absence to the club or Playtomic's Customer Care via chat or using our email address (hola@playtomic.io).
- Verification: The customer care team will proceed to confirm the absence by reviewing the chat of the corresponding match or contacting directly with club where the match was played.
- Refund and Charge: Once the absence is confirmed, Playtomic will manage the corresponding refund for the users who attended the match and will proceed to charge the user or the users who did not show up.
If any player arrives late to a match, the group has two options:
- Option A: Wait and Play. If the group decides to wait and play with the late player:
- The match will be considered fully played
- No refunds will be issued
- The full booking fee applies
- Adding a match result confirms the match was played
- Option B: Declare No-Show. If the group does not wish to wait:
- They can declare a no-show
- Standard no-show policies and refund procedures will apply
- The late player will receive a no-show penalty
- If a match result is added, the no-show will not be applied and full payment applies
This process ensures that present users are properly compensated and that the responsibility derived from the absence is adequately managed.
5. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase services through the Playtomic website or mobile application using the established means and forms. To make a purchase, Users should follow these steps:
- Select the desired service (court reservations, public matches, classes, private classes, courses, tournaments, or leagues) offered by clubs on Playtomic.
- Review the selected service details.
- Proceed to the checkout process.
- Choose the preferred payment method from those offered by the specific club.
- Confirm and complete the payment.
Users can modify their selection at any point before final confirmation.
Upon completing a purchase, the User will receive an email confirming that Playtomic has received their order or purchase request. This confirmation will also be available in the User's personal account space on both the website and mobile application.
Regarding invoices, the process may vary depending on the country where the club is located. Users seeking a copy of their invoice should primarily contact the club where the service was purchased. Alternatively, they can reach out to Playtomic's customer care for assistance.
Playtomic maintains records of communications, purchase orders, and payments related to transactions on the website and mobile application. These records serve as proof of transactions and are kept in accordance with applicable security standards and laws, particularly in compliance with the General Data Protection Regulation (GDPR). Users' rights are protected as outlined in the privacy policy of the Playtomic website and mobile application.
Users should be aware that while Playtomic facilitates the booking and payment process, the services (court reservations, public matches, classes, private classes, courses, tournaments, or leagues) are provided by the clubs themselves, which are third parties separate from Playtomic.
The purchase process described above applies to all services offered through Playtomic, including those available on both the website and mobile application. However, this procedure may not apply for the acquisition of the Premium Plan, which will be made through the corresponding application store as indicated in section 6 of these Conditions.
6. PREMIUM PLAN
Playtomic makes available to Users a Premium Plan which, if acquired by the User (hereinafter, "Premium User"), will provide access to the following functionalities or services within the Playtomic App (hereinafter, "Premium Features"):
- Advanced statistics: Premium users will be provided with advanced information about playing time, matches, among others.
- Zero Commissions: Premium Users will not be charged (i) any fee that Playtomic may accrue (depending on the corresponding territory) to other Users for the reservation of padel courts, tennis courts or any other sports such as Pickleball, Badminton, Squash, Beach Tennis, Table Tennis, Indoor Soccer, 7-a-side Football, 11-a-side Football, Basketball, Volleyball, Padbol, Beach Volleyball, Cricket and (ii) any cancellation fee that Playtomic may apply for canceling any court reserved through Playtomic, provided that such cancellation is made twenty-four (24) hours in advance (otherwise, the club's cancellation policy may apply).
- Golden Match: promotes the distinguished and promoted match in the available matches, allowing Premium Users to participate, connect, and get other players involved faster to play the corresponding match posted by the Premium User on the Playtomic App.
- Priority alerts: Premium users will be able to set up an unlimited number of alerts regarding available courts or last-minute cancellations within certain locations, dates, and times.
- Golden Halo: The image of Premium Users will be surrounded by a Golden Halo that identifies Premium Users from other Users.
Payment of the Premium Plan fee (monthly or annual) will be managed through the corresponding app store. Premium Users declare that they know and accept being subject to the relevant terms and conditions of the app stores, which can be consulted at the following links:
- Google Store: https://play.google.com/about/play-terms/index.html
- Apple App Store: https://www.apple.com/legal/internet-services/itunes/us/terms.html
Playtomic cannot provide refunds for Premium Plan subscriptions under any circumstances. In case of problems with the subscription, users can contact Playtomic through the usual channels, but support will be provided only for the features and not for payments, which need to be managed by the respective app stores.
Where applicable, Premium Users accept and guarantee that the use of the Premium Plan will be strictly used by the Premium User for their own personal purposes, and they commit not to engage in any illegal activity (for example, resale or transfer of reserved courts to other Users).
Playtomic may terminate these Conditions, including additional terms and conditions incorporated herein, or suspend the 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 cancel their subscription to the Premium Plan for convenience by canceling it through the corresponding app store before the next payment date, in accordance with the instructions and time periods described in the relevant app store terms and conditions mentioned above. In any case, Playtomic, subject to applicable law, will have no liability to the User and will not refund any amount paid for the Premium Plan. Section 9 ("Cancellations") below will not apply to the purchase of a Premium Plan. Playtomic reserves the right to restrict the Premium Plan to a limited number of Users.
7. PRICES AND PAYMENT
The prices displayed on the Website are final and include taxes, unless otherwise stipulated by legal requirements, especially in relation to VAT, where a different issue is indicated and applied. Prices are displayed in the currency of the country where the service will take place.
To help Playtomic operate smoothly and to cover the costs of the products and services we provide, such as customer service, we charge a service fee when a reservation, a public match, or tournament inscription is confirmed. This service fee is clearly visible in the payment flow and varies by country. Premium users do not pay this service fee. This means that you, as a player, agree to pay all charges for your reservation, including applicable fees, such as the Playtomic service fee (when applied) and any other item identified during payment (collectively, “Total Price”).
In some circumstances, the club may have decided not to apply a service fee directly to you as a player, but have assumed the cost themselves. In these cases, you will see the service fee as 0.
In case of cancellation of a reserved activity, Playtomic does not refund the service fee and applies a cancellation fee to cover the costs of cancellation.
• The service fee will not be refunded if you cancel a reservation.
• The service fee will not be refunded if you cancel your participation in a tournament.
• The service fee will be refunded if you withdraw from a public match or if the match itself is cancelled.
For public matches that are automatically cancelled due to insufficient players or unavailable courts, the service fee will also be refunded.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods may vary depending on the club but could include payment at the club, club wallet, Apple Pay, Google Pay, PayPal, credit card, debit card, and other local payment methods depending on the country.
Playtomic utilizes all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website or the App. As such, the Website and the App uses a secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorizations by the card-issuing entity. If said entity does not authorize the payment, Playtomic will not be responsible for any delay or lack of reservations and will not be able to formalize any contract with the User.
Playtomic employs different payment models depending on the country:
- In some countries, we operate under a "new commission model". In this model, when the owner of a split payment reservation wants to make a reservation, we make a pre-authorization on the corresponding card to ensure that sufficient funds exist to complete the transaction. The actual charge on the card will be made at the moment when the delivery confirmation and/or confirmation of the service being provided is sent to the User in the form and, where appropriate, place established.
- In other countries, we follow a different model where the user is charged immediately upon making a reservation.
For single payment reservations, public matches, and the purchase of any other service, the user will be charged immediately, regardless of the country or model.
These payment processes are designed to ensure smooth transactions while accommodating different regional requirements and club preferences. Users should be aware that the specific payment timing may vary based on their location and the type of reservation or service they are purchasing.
In any case, by clicking on "pay" the User confirms that the payment method used is theirs or that, where appropriate, they are the legitimate holder of the payment method selected.
CLUB WALLETS
Club Wallets are a payment option offered on Playtomic, providing users with a convenient method to manage payments at their chosen club. Please review the following important terms and conditions:
Acquisition and Use
- Availability: Users may acquire Club Wallets through the Playtomic app and website.
- Management: Once acquired, the wallet is managed directly by the respective club.
- Policy Awareness: The use of Club Wallets is governed by the individual policies of each club. Users are advised to review these policies carefully before acquiring a wallet.
Cancellation and Refund Policy
- Cancellation Window: A Club Wallet purchase may be cancelled and refunded by Playtomic if the cancellation request is made within 24 hours of the purchase.
- Usage Requirement: To qualify for cancellation and refund, the wallet—including any recharge balance—must be completely unused. This means no transactions or services have been accessed using the wallet funds. (Note: If funds were previously used and later refunded back into the wallet, the wallet is considered as having been used, and cancellation and refund rights will not apply.)
- Non-Refundable Use: If either the 24-hour cancellation window has passed or the wallet has been used in any transaction (beyond mere reversals), the purchase will be deemed non-cancellable and non-refundable.
Non-Cancelable and Non-Refundable Provisions
- General Rule: Apart from the specific conditions outlined above, all Club Wallet purchases are non-cancellable and non-refundable.
- User Responsibility: It is essential that users fully understand and agree with the club’s policies before finalizing the purchase of a Club Wallet.
Examples of Use Conditions
- Validity: Some wallets may include an expiration date or be limited to certain services provided by the club.
- Specific Use Cases: Usage restrictions may apply, such as being valid only for tennis court reservations during specific hours (e.g., from 12:00 to 18:00 on weekends) or for purchasing items at the club store.
- Additional Charges: Clubs may impose extra charges for using the wallet in accordance with their own policies.
Transferability
- Non-Transferable: Club Wallet balances are strictly non-transferable between users or clubs.
Dispute Resolution
- Direct Resolution: Any disputes regarding Club Wallet balances or transactions must be addressed directly with the relevant club.
8. DEBT MANAGEMENT
A debt is considered when Playtomic does not receive payment from users for a reservation or match, but nevertheless makes the payment to the club on behalf of the users.
Definition of Debt
A debt originates when Playtomic covers the payment of a reservation or match because the user(s) involved have not paid their corresponding part. This ensures that the club receives the total amount of the reservation, and Playtomic assumes the responsibility of collecting the amount owed from the users.
Debt Situations
A debt is generated in the following circumstances, particularly in cases of split payments, when one or more users do not pay their part within the specified deadline, usually two hours after the end of the match. The process works as follows:
- Two hours after the end of the match, Playtomic attempts to charge the unpaid time slots.
- If this collection attempt fails, a debt is created in the system.
- The user responsible for the unpaid time slots is notified and is blocked from making new reservations until the debt is settled.
This mechanism ensures that clubs receive their payments in a timely manner, while Playtomic handles the collection of pending amounts from users. Users are informed about this policy during the reservation process and Playtomic is not responsible for refund requests related to any debt.
Debt Generation by Error
Occasionally, a debt may be erroneously generated if the club receives payment on-site but does not register it on the club platform. This error results in the allocation of a debt to the owner of the match or reservation, even when payment has been made. In such cases, Playtomic does not assume responsibility for refunding the user. Instead, the club should refund the payment received on-site.
9. CANCELLATIONS
In cases where the User reserves a service using our website or our app, they are assisted by the following rights:
Right of Cancellation
Users have the right to cancel their reservations, subject to the cancellation policy of the corresponding club. To exercise this right of cancellation, the User must cancel directly through our website or app, or by contacting the club directly (when applicable).
The cancellation can be entirely done using our app or website, and no additional communication needs to be sent to Playtomic.
In case of cancellation, Playtomic will process the refund. The refund period will depend on the user's bank conditions and can vary. In some cases, Playtomic may apply a cancellation fee to cover the cancellation costs.
It's important to note that once a user has used the service purchased on our website or app, they cannot request any cancellation.
Each club defines its own cancellation policy, which can be reviewed during the reservation process or once it has been made. By making a reservation, the user accepts the cancellation policy of the corresponding club and acknowledges that they cannot cancel the reservation once the period stipulated by said policy has ended.
If a reservation is made by mistake, during the cancellation policy period, the user cannot edit or cancel it under any circumstance.
Clubs can cancel unilaterally a reservation without prior notification to the user. Playtomic cannot intervene in any case to manage these situations unless unfair situations.
Playtomic will not cancel a reservation outside the terms of the club's cancellation policy and no exceptions will be made to this rule. Users should not expect the club to cancel reservations on their behalf if the cancellation request is outside the established policy.
The conditions imposed by the club are definitive and Playtomic is obliged to adhere to these rules, which means that cancellations that do not comply with the established policy cannot be processed.
The cancellation policy is designed to ensure fairness and minimize disruptions. Exceptions to this policy are granted only at the discretion of the club, generally only in cases of emergencies or unforeseen circumstances.
Important Note
Users, when making a reservation through Playtomic, are obliged to read and accept the cancellation policy of the corresponding club. Playtomic will not be responsible for managing cancellations outside the framework of the club's policy or for making refunds that do not comply with the conditions previously accepted by users.
This system ensures that clubs can operate fairly and efficiently, reducing possible interruptions and ensuring fair treatment for all associated users and clubs.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website or App, the User accepts that most communications with Playtomic will be electronic (email or notices published on the Website or App).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges 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 Website or App, or via email (hola@playtomic.io).
Likewise, unless otherwise stipulated, Playtomic may contact and/or notify the User at their email address, phone number, or at the postal address provided.
11. WAIVER
No waiver by Playtomic of a specific right or legal action or Playtomic's failure to demand strict compliance by the User with any of their obligations will imply, neither a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling their obligations.
No waiver by Playtomic of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to in them constitute the entire agreement between the User and Playtomic in relation to the object of purchase and replace any other prior agreement, agreement or promise made verbally or in writing by the same parties.
The User and Playtomic acknowledge having consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The personal data you provide to Playtomic in the course of a transaction on the Website or App and during the duration of your relationship with Playtomic will be processed in accordance with the following documents:
- Privacy Policy (https://playtomic.io/privacy-policy)
- Cookie Policy (https://playtomic.io/cookies)
- General Terms and Conditions of Use
By accessing, browsing and/or using the Website or App, the User consents to the processing of said information and data and declares that all information or data provided by the User is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, navigation and/or use of this Website or App and contracts for the purchase of 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 App, or with the interpretation and execution of these Conditions, or with the purchase agreements between Playtomic and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send Playtomic their complaints, claims or any other comment they wish to make through the Website or App, or via email (hola@playtomic.io).
For formal complaints, Users are encouraged to contact their local consumer protection agency or bureau, which can offer guidance and assistance in resolving the matter in accordance with applicable local regulations.
Likewise, if a controversy arises from the conclusion of this purchase contract between Playtomic and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution 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 actions you take 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:
- any negligent act, omission or willful misconduct on your part;
- your access to and use of the Application;
- the uploading or submission of Content to the Application by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
We reserve the exclusive right to settle, compromise and pay all and any claims or causes of action that are brought against us without your prior consent. If we ask you to, 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 any of Playtomic Group for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application.
Assumption of Risk and Limitation of Liability
By using Playtomic to book facilities or participate in activities, the user acknowledges and accepts that sports and related activities inherently involve physical risks. Playtomic does not assume responsibility for injuries, accidents, or damage to the user or their belongings incurred during these activities.
The user agrees to participate at their own risk and undertake necessary safety precautions. Playtomic disclaims liability for any such incidents, except where liability cannot be excluded under applicable law. Furthermore, by using this platform, you release Playtomic and its affiliates from any claims relating to these risks.
17. UPDATES TO TERMS
Playtomic reserves the right to modify these Terms at any time. Users will be notified of any changes through the Website or App. Continued use of Playtomic services after such modifications constitutes acceptance of the updated Terms. Users are encouraged to review the Terms regularly.
18. AGE RESTRICTIONS
Users must be at least 18 years old to use Playtomic services, thus users declares to have the legal capacity to enter into contracts. Users between 13 and 18 may use the service with parental or guardian consent and supervision. Playtomic reserves the right to request proof of age at any time but does not assume any liability..
19. FORCE MAJEURE
Playtomic shall not be liable for any failure to perform its obligations where such failure is as a result of Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
20. SEVERABILITY
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
21. THIRD-PARTY LINKS AND CONTENT
The Playtomic Website and App may contain links to third-party (even clubs websites or services) that are not owned or controlled by Playtomic. Playtomic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. Users access such websites or services at their own risk.
22. USER-GENERATED CONTENT
Users retain any and all of their rights to any content they submit, post or display on or through Playtomic. By submitting, posting or displaying content, users grant Playtomic a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute such content. Playtomic reserves the right to remove any user-generated content that violates these Terms or is otherwise objectionable.
Users can manage their content and personal information through their account settings. This includes the ability to delete their profile directly from the Website or App. Users should be aware that deleting their profile will result in the loss of all associated data and cannot be undone.
23. TERMINATION
Playtomic may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the service will immediately cease. Users may terminate their accounts at any time by contacting Playtomic customer service.
24. LANGUAGE
These Terms are written in English. Any translated version is provided solely for the convenience of users. In the event of any conflict between the English version and a translated version, the English version shall prevail.