General Terms
These Iplaytennis Terms and Conditions (the “Terms and Conditions”) apply to your access or use of any products and/or services provided by Iplaytennis, including Iplaytennis’ website (the “Products”) and the content, features and services made available to you through Our Products (the “Services”), whether as a guest or a registered user. Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Products. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Products immediately.
1. Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Products;
“We/Us/Our/ Iplaytennis” means GB Developments SA, a societe anonyme registered in Greece (VAT No. EL801440877) with registered address at 1 Kleomhdous Str., 10443 Athens, Greece
“Guest” the party wishing to use Our Services in connection with the Products
“Supplier” the tennis court owner and its employees wishing to use Our Services in connection with the Products;
“you” Guest and/or Supplier
“EveryPay” EveryPay is a technology company which is a paytech that builds payments infrastructure, https://www.everypay.gr/el/
2. Information About Us
Our site, www.iplaytennis.gr, and Our Products owned and operated by Iplaytennis.
3. Access to Our Products
3.1 Access to Our Products is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Products.
3.3 You represent and warrant that you are of legal age and not prohibited by law from accessing or using Our Services.
3.4 Access to Our Products is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Products (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Products (or any part of it) is unavailable at any time and for any period.
3.5 In case you are a Supplier and by accepting these Terms and Conditions, you agree for us to promote your company/tennis court including your logo and trading address.
4. Changed Terms
We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of Our Products, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Our Products, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of Our Products by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
5. Registration Data; Account; Account Security
5.1 If you register for an account on Our Products (“Account”), you agree to (a) provide and maintain accurate, current and complete information as may be prompted by any registration forms on Our Products (“Registration Data”); (b) maintain the security of your password/s; (c) maintain and promptly update the Registration Data, and any other information you provide to Our Products, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or data you provide to Our Products or through Our Services. You are responsible for all activity on your Account, and for charges incurred by your account on Our Products.
5.2 The Registration Data will include also your password in order to open your Account, or other secure login method, and may also have your credit card details in connection with your subscription to or bookings made via Our Products. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your Account, you will be responsible to pay any bookings made via our Products, and we are not responsible for any other losses you suffer.
5.3 You may close your Account at any time by choosing to deactivate in your Account settings of Our Products or contacting us using our contact details. We may suspend your access to your Account, or close it permanently, if we believe that your Account has been used by someone else. We may also close your Account if in Our opinion you are abusing Our Services.
6. Intellectual Property Rights
6.1 All Content included on Our Products and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable Greek and international intellectual property laws and treaties.
6.2 Subject to sub-Clauses 6.3 and 6.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Products unless given express written permission to do so by Us.
6.3 You may:
6.3.1 Access, view and use Our Products in a web browser (including any web browsing capability built into other types of software or app);
6.3.2 Download Our Products (or any part of it) for caching;
6.3.3 Print [one copy of any] page[s] from Our Products;
6.3.4 Download extracts from pages on Our Products; and
6.3.5 Save pages from Our Products for later and/or offline viewing.
6.4 Our status as the owner and author of the Content on Our Products must always be acknowledged.
6.5 You may not use any Content saved or downloaded from Our Products for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Products for general information purposes whether by business users or consumers.
7. Links to Our Products
7.1 You may link to Our Products provided that:
7.1.1 You do so in a fair and legal manner;
7.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 You do not use any logos or trade marks displayed on Our Products without Our express written permission; and
7.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may link to any page of Our Products.
7.3 Framing or embedding of Our Products on other websites is not permitted without Our express written permission. Please contact us at gbagos@iplaytennis.gr for further information.
7.4 You may not link to Our Products from any other site the main content of which contains material that:
7.4.1 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.2 promotes violence;
7.4.3 promotes or assists in any form of unlawful activity;
7.4.4 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.4.5 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.6 is calculated or is otherwise likely to deceive another person;
7.4.7 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
7.4.8 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.9 implies any form of affiliation with Us where none exists;
7.4.10 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.11 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other sites may be included on Our Products. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Products is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9. Fees; Charges; Taxes; Subscription Fees;
Fees and any other charges for the use of Our Services are described on Our Products. They may change from time to time. If they do change, your continued use of Our Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs but shall apply to any subsequent billing period.
You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
10. Disclaimers
10.1 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Products will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
10.2 We make reasonable efforts to ensure that the Content on Our Products is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
11. Our Liability
11.1 To the fullest extent permissible by law, We accept no liability to you for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of legal duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Products or the use of or reliance upon any Content included on Our Products.
11.2 To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Products or any Content included on Our Site.
11.3 If you are a Guest, we are not responsible for any misrepresentation of the booking availability for the tennis courts provided by the Suppliers. We accept no liability for any change in the booking availability for the tennis courts provided by the Suppliers as the Suppliers are solely responsible to notify the Guest and take proper measures and care for the booking availability of the tennis courts.
11.4 If you are a Supplier, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
11.5 We exercise all reasonable skill and care to ensure that Our Products are free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Products (including the downloading of any Content from it) or any other site referred to on Our Products.
11.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Products resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11.7 We are not liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of Our Products; ii) interruption in any of Our Products due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, pandemic disease, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Iplaytennis, or iv) non-performance.
11.8 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
12. Viruses, Malware and Security
12.1 We exercise all reasonable skill and care to ensure that Our Products is secure and free from viruses and other malware.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Products.
12.4 You must not attempt to gain unauthorised access to any part of Our Products, the server on which Our Products are stored, or any other server, computer, or database connected to Our Products.
12.5 You must not attack Our Products by means of a denial of service attack, a distributed denial of service attack, or by any other means.
12.6 By breaching the provisions of sub-Clauses 12.3 to 12.5 you may be committing a criminal offence. Any and all such breaches will be reported to the relevant law enforcement authorities and we will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Products will cease immediately in the event of such a breach.
13. Acceptable Usage Policy
13.1 You may only use Our Products in a manner that is lawful. Specifically:
a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
b) you must not use Our Products in any way, or for any purpose, that is unlawful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
c) you must not use Our Products to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
d) you must not use Our Products in any way, or for any purpose, that is intended to harm any person or persons in any way.
13.2 We reserve the right to suspend or terminate your access to Our Products if you materially breach the provisions of this Clause 13 or any of the other provisions of these Terms and Conditions. Specifically, we may take one or more of the following actions:
a) suspend, whether temporarily or permanently, your right to access Our Products;
b) issue you with a written warning;
c) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) take further legal action against you as appropriate;
e) disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
f) any other actions which We deem reasonably appropriate (and lawful).
13.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these Terms and Conditions.
14. Privacy and Cookies
Use of Our Products are also governed by Our Cookie and Privacy Policies, available from <<insert link to Cookie Policy>> and <<insert link to Privacy Policy >>. These policies are incorporated into these Terms and Conditions by this reference.
15. Contacting Us
To contact us, please email us at <<insert email address >> or using any of the methods provided on our contact page at <<insert link to contact page>>.
16. Communications from Us
16.1 If we have your contact details, we may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 15 business days for us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from us (including, but not limited to marketing emails), please contact us at <<insert email address>>.
17. Data Protection
17.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
17.2 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy <<insert link to Privacy Policy>> and Cookie Policy <<insert link to Cookie Policy >>].
18. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of Greece.
Supplier
19.1 Services provided to Supplier
Our Products is designed to support the day to day operation of the Supplier’s tennis courts by providing an online court booking platform (powered by TripAround https://www.triparound.com/) which will give access to the Supplier to a dashboard where the Supplier will be able to access and manage the bookings made by the Guests via the Products for its tennis courts.
19.2 The Supplier shall have the right to be provided with any of the services provided to the Guests as set out in clause 20 subject to Our prior written consent.
19.3 Iplaytennis shall not have any liability in connection with the malfunction of Our Products.
Guest
20. Services provided to Guests
20.1 The Guests shall use Our Products to be provided with the following services:
a. Coaching
Guests can access pre arranged and book group tennis coaching sessions via Our Products depending on their level. i.e beginners, intermediate, advanced. Iplaytennis will provide the coach and court to the Guest.
b. Social Games
Pre arranged games where Guests can book and play with other Guests they may or may not know. These games will also be ranked according to the Guest’s level. The idea here is to eliminate the stress of finding a teammate and/or find a court. Also gives the opportunity to Guest to improve its tennis skills by playing with many Guests from different levels. All games will be done as doubles (i.e 4 Guests in each court).
c. Tournaments
Iplaytennis will organize tournaments which can be daily, weekly or monthly, Iplaytennis will organize the draws, locations and times. Guests only need to book, pay and come to play. Each tournament’s rules will vary depending on level.
Some of these will also give awards. There will also be a ranking in Our Products per tournament.
d. Leagues
Form of tournaments where Iplaytennis will just provide the platform. Guests will pay to participate, Iplaytennis will gather participations, assemble the draw, give out contact emails for all Guests in the draw and then Guests will have to arrange for themselves the games, times and locations. Iplaytennis will basically just connect players with each other, organize the league and keep the scores.
e. Find other Guests
Guests will fill out a questionnaire and Iplaytennis will connect them with other Guests of equal tennis level. If the two want to play they will have to use on of the above Services.
21. Prices and Payment
21.1 The Guest confirms usage of Our Services for personal, non-commercial use unless the Guest requests a VAT invoice. Prices on the tennis courts can change at any time at the discretion of the Supplier.
21.2 The total price of Guest’s booking will be set out on the checkout page on Our Products, including the applicable taxes.
21.3 Payment for all Items can be made through Our third party payment operator, EveryPay by credit or debit card, or other payment method made available by the Supplier. Once the Guest’s booking has been confirmed his credit or debit card will be authorised and the total amount marked for payment. Payment is made directly to us acting as agent on behalf of the Supplier only. Our third party payment operator, EveryPay will deal with the payment of the booking.