PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
PREFACE
Co-player (hereafter referred to as “Co-player” or “we”) provides an online platform to connect people (the “Users”) in the sport and business community.
This service (the “Service”) is accessible at www.co-player.io and any other website through which Co-player makes the Service available and as an application for mobile devices (collectively, the “Platform”). By using the Platform, you agree to fully comply with and be legally bound by these Terms and Conditions (“Terms”), whether or not you become a registered user of the Platform.
On the mobile application, you can create your own tennis, paddleball, or pickleball team by inviting friends and partners.
As the meeting organizer (“Meeting Organizer”) you can also select the date and time of the meeting and the sports club from the list of suggested clubs.
As noted above, Co-player provides users with a mobile application where they can meet online, select games, create meetings, and invite or exclude players from their team.
Co-player is not the owner, provider or operator of any real property, including, but not limited to, private courts, sports fields, indoor gyms or other places where sports are played.
These Terms and Conditions govern access to and use of the Platform and the Service and include various limitations and exclusions, jurisdiction and venue, and obligations to comply with applicable laws and regulations.
1. ACCESS TO THE PLATFORM
Access to the Platform is open to anyone with an Internet connection. Co-player shall not be held responsible for any damage occurring as a result of a technical malfunction of the Platform. Co-player reserves its right to interrupt the accessibility of the Platform for maintenance reasons or for any other justifiable reason.
To make use of the Platform, it is necessary to create an account (“Account”) on the Platform. Registration with the Platform is free and in order to become a registered user you will have to provide some basic personal information.
The Platform is intended solely for persons who are 18 or older. By accessing or using the Platform you represent and warrant that you are 18 or older.
To create your Account you will have to provide your current phone number, to validate your registration and to receive your password, create a personal PIN code for subsequent access to the application, and provide all personal information specified in the user profile.
Anyone who registers on the Platform, agrees that all information supplied on registration is true and accurate and will be kept up to date at all times. If the information provided is not true and/or accurate, we reserve the right to block, cancel or remove your Account from the Platform.
Your Account is strictly personal and may not be used by anyone else. You may not impersonate any other person in any registration whether or not that other person is a user of the Platform.
You may not have more than one registration and we reserve the right at our discretion to block, cancel or remove an Account of any person who in our opinion possesses more than one Account at any time.
You are the only responsible party for the personal information provided on registration.
We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms.
2. REGISTRATION
To make use of the Platform, it is necessary to create an account (“Account”) on the Platform. Registration with the Platform is free and in order to become a registered user you will have to provide some basic personal information.
The Platform is intended solely for persons who are 18 or older. By accessing or using the Platform you represent and warrant that you are 18 or older.
To create your Account you will have to provide your current phone number, to validate your registration and to receive your password, create a personal PIN code for subsequent access to the application, and provide all personal information specified in the user profile.
Please note that payment for additional services on the Platform is currently only available using the Apple Pay payment method.
If Users need to pay for services on the Platform, they must use this payment method.
Anyone who registers on the Platform, agrees that all information supplied on registration is true and accurate and will be kept up to date at all times. If the information provided is not true and/or accurate, we reserve the right to block, cancel or remove your Account from the Platform.
Your Account is strictly personal and may not be used by anyone else. You may not impersonate any other person in any registration whether or not that other person is a user of the Platform.
You may not have more than one registration and we reserve the right at our discretion to block, cancel or remove an Account of any person who in our opinion possesses more than one Account at any time.
You are the only responsible party for the personal information provided on registration.
We reserve the right to terminate your registration immediately without notice if in our opinion you have breached these Terms. The personal information collected by Co-player is used solely for the purpose of the proper use of the Platform and Service. Co-player only collects information that is necessary to use the Platform.
Co-player obeys any local or international law or rule regarding privacy and protection of personal information.
Any personal information that you provide to us will be subject to our privacy policy (“Privacy Policy”). The Privacy Policy forms part of these Terms. The service may be integrated with Third Party Applications. These Third Party Applications are governed by its own terms and conditions and/or other relevant terms or (privacy) policies.
Co-player ensures the protection of personal information that you provide to us (see Privacy Policy).
3. USE OF PERSONAL INFORMATION
a) The personal information collected by Co-player is used solely for the purpose of the proper use of the Platform and Service. Co-player only collects information that is necessary to use the Platform.
b) Co-player obeys any local or international law or rule regarding privacy and protection of personal information.
c) Any personal information that you provide to us will be subject to our privacy policy (“Privacy Policy”). The Privacy Policy forms part of these Terms.
4. SPORT SPACES
You agree that the Platform has no responsibility for the Sports Space. We make no warranty as to the suitability of the Sports Space for Users.
Similarly, we will rely on the Owner for detailed information about the Sports Space provided on the Owner’s Website, and while we use reasonable endeavors to verify the accuracy of such information, we make no warranties with respect to that information.
We are not responsible for the location or condition of the Sports Space, its availability, or the behavior of the Owner.
We make every effort to ensure that Owners offer good service and provide their Sports Spaces in accordance with Users expectations, but we accept no liability if the Sports Spaces or the Owner’s services do not generally meet Users’ requirements or if Users find them unsatisfactory in any way. For any questions, users can contact Co-player.
5. USERS OBLIGATIONS
The User represents, warrants and agrees that he will not create any false account with Co-player or use his Account for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering.
The User agrees to:
- interact with all users in a professional and courteous manner and in a manner that does not cause harm or damage to our reputation;
- agree to abide by the general rules established by the Sports Space he/she has booked;
- to indemnify and hold harmless the Co-player against any loss, liability, damage, costs and expenses resulting from the User’s negligence;
- be courteous to other users and players and cooperate in the search for the Sports Space.
The User is primarily responsible for his/her own safety during the rental period of the Sport Space.
This Terms is personal to the User and may not be transferred to any other person.
The User represents, warrants and agrees that he/she acknowledges that the Sport Space is the property of another person and agrees not to access any other part of the property to which the Sport Space is attached.
Agree to abide by and act in accordance with these Terms:
- not to use the Sports Space or deal with the Sports Space owner in any way that could be considered harmful to the business or reputation of Co-player;
- provide us with accurate information and ensure that all details we hold about the User (including telephone number and email address) are up to date and valid;
- not to use the Platform in any way that may be detrimental to the reputation of Co-player or to the use of the Platform by other users.
6. BOOKINGS
Once the Meeting Organizer has created a sports meeting, he/she needs to select a sports space to play from the proposed list and contact the sports space himself/herself to clarify the details of the booking.
The Co-player bears no liability to the User in relation to the sports space.
We are not a real estate broker, agent or insurer. We have no control over the conduct of the owners of the sports space and disclaim any liability in this regard to the fullest extent permitted by law.
7. PAYMENTS
Please note that payment for additional services on the Platform is currently only available using the Apple Pay payment method.
If Users need to pay for services on the Platform, they must use this payment method.
8. TERMINATION
We may, in our sole discretion and without liability to you, with or without cause, with or without notice and at any time, decide to limit, suspend, deactivate or cancel your Account.
If we exercise our right to do so under these Terms, any or all of the following may occur, with or without notice or explanation to you:
- your Account will be deactivated or suspended;
- your password will be disabled and you will not be able to access the Platform.
You may cancel your Account at any time via the “Delete Account” feature of the Platform.
Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Platform.
9. OUR LIABILITY
The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
Although we aim to offer you the best service possible, we make no promise that the services at the Platform will meet your requirements. We cannot guarantee that the services will be fault-free.
Your access to the Platform may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
From time to time it may be necessary to suspend access to the Platform for a period of time and any such interruptions shall not constitute a breach by us of these terms.
We will not be liable for any business, financial, or economic loss nor for any consequential or indirect loss (such as lost reputation, lost profit or lost opportunity) arising as a result of your use of the Platform whether such loss is incurred or suffered as a result of our negligence or otherwise.
By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm.
You agree not to attempt to impose liability on or seek any legal remedy from Co-player with respect to such actions or omissions.
10. LIMITATION OF LIABILITY
We strive to use all available means to ensure that your personal information is protected.
However, in no event shall Co-player be liable for any indirect, special, consequential, incidental or exemplary damages arising therefrom:
- errors, mistakes, or inaccuracies of the Platform or Service;
- personal injury or property damage, of any nature whatsoever, resulting from access to and use of the Platform or Service or any Booking to the fullest extent permissible by law;
- any unauthorized access to or use of our secure servers and/or any and all personal, institutional, technical or other information stored therein, any interruption or cessation of transmission to or from the Platform;
- any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Platform by any third party;
- any loss or damage of any kind incurred as a result of the use of the Platform, however caused and under any theory of liability (including negligence), even if advised of the possibility of such damages.
Co-player will not be liable for any lost profits, loss of data, or costs of procurement of substitute goods or services or for any claim or demand against a User by any other party.
Users further agree that these limitations will apply notwithstanding any failure of essential purpose of any limited remedy. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
We shall have no liability to a User whatsoever for any act or omission of another User in connection with the Sport Space or the User’s Booking.
Our liability to a User for all losses related to the use of the Platform is limited to the total amount paid by the User to us.
The period for filing any claims related to the use of the Platform is limited to 6 months.
11. DISPUTES BETWEEN USERS
Users authorize Co-player to deal with the dispute or complaint as it sees fit and agree to abide by any decisions we may make in such circumstances.
12. INTELLECTUAL PROPERTY
We reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on this Platform.
By displaying user-generated content on this Platform you expressly assign all copyright and other rights to such content to us (and you agree to waive all moral rights in relation to such content) for the avoidance of doubt we are permitted to use any user-generated content for any of our other business purposes, even following termination of your registration or membership.
We do not screen user-generated content or information on the Platform and we cannot give any assurance as to its accuracy or completeness. Users of this Platform are expressly asked not to publish any defamatory, misleading or offensive content or any content which infringes any other persons intellectual property rights (eg. copyright). Any such content is contrary to our policy we do not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and you agree to indemnify us in relation to any liability we may suffer as a result of any such content.
This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Platform without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this Platform without our express written consent.
13. NON-SOLICITATION
Users shall not attempt to solicit or induce other Users to engage in any illegal transactions on the Platform, through communications from themselves or third parties.
14. GENERAL
Neither party will be liable to the other or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of their obligations, if the delay or failure was due to any event of force majeure beyond their reasonable control such as severe weather, subsidence, power or other utility cut-off, burglary, natural disaster, strikes, governmental action, terrorism, war or civil unrest.
Save in the case of fraud these Terms represent the entire agreement between the parties and supersede any previous marketing information, representations or agreements whether recorded in writing or otherwise.
The users agree that these Terms are fair and reasonable in all the circumstances. However, if any provision of these Terms is held not to be valid by a court of competent jurisdiction but would be valid if part of the wording were deleted, then such provision shall apply with such deletions as may be necessary to make it valid. If any of the provisions in these terms are held not to be valid the remaining provisions of these terms shall remain in full force and effect.
If you breach these terms and conditions and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We may make changes to the format of the Platform, services provided or to the Platform’s content at any time without notice.
15. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the United States of America (USA). Users and we agree to submit to the personal jurisdiction of the courts of the USA.