Effective Date: 1 December 2022
Unless these General Terms & Conditions (hereinafter the “GTC”) provide other definition somewhere else, the terms and definitions used herein shall have the following meanings:
“Usage Period” - this is the period during which the Provider has the right to use the website and for which the payment of the Fee to the Operator is applicable. Unless indicated otherwise in the relevant Order, the Usage Period is 12months from the commencement date as indicated in the relevant Order.
"Effective Date" - is indicated in the header of these GTCs and indicates the date when the current GTC version becomes effective.
“Order” – forms a proposal to conclude a contract governed under these GTCs between the Operator and the Provider. The order may have a form of an e-mail that will be send by the Provider to the Operator, whereby the Provider will confirm the acceptance of the Operator's terms. Alternatively, the Order may also have a template form as available at https://www.sportimea.com from time to time, that will be filled out and sent by the Provider, as the case may be.
“Fee” - is a payment for using of the Sportimea website. This Fee is set by the Operator, and does not include VAT nor any other taxes, whose payment is at all times the responsibility of the Provider as applicable in the respective jurisdiction. The Operator has the right to add VAT on top of the Fee, if required by applicable law of the concerned jurisdiction. The Fee is payable in annual installments and for the entire Usage Period, in advance, in the amount specified in the Provider's order.
“Sportimea Website” - is a website www.sportimea.com, including all related services, products, features, information, and content. The Sportimea Website is run and owned by the Operator.
“Provider” - the Operator's business partner who, based on an Order and under these GTCs, uses the Sportimea Website to offer/promote sports and other leisure activities, services and products to be booked or ordered by end customers (Users).
“Data” – means any data inputted by the Provider or by any Provider designated representative or by any other person on behalf of the Provider, in to the Sportimea Website or to the Operator over the course of provision of services.
"User" - is a person who has registered on the Sportimea Website as a User. This is a person who has booked or ordered sports, leisure or other activities/services offered by the Provider via the Sportimea Website. This is usually the Provider's customer, however, under no circumstances the customer of the Operator.
“Operator“ - MOZYTA, s.r.o., registered office at Švabinského 22, 851 01 Bratislava, BIN 46 923 152, registration in the Commercial Register of District Court Bratislava I, Section: Sro, File 85751/B.
"Services" - under these GTCs, Services mean the services rendered by the Operator to the Provider pursuant to the Order and at all times in accordance with these GTCs. These services cover the areas of e-commerce advisory, website modifications and other segments as per specification and under the terms specified in the Order among the Operator and the Provider. All information provided as part of such advisory is based only on the information made available by the Provider. Any advice or advisory provided by the Operator is in its nature strictly to be considered as a suggestion only and the Provider is not entitled to rely on such suggestion made by the Operator, but rather should make independent decisions and reach independent conclusions on its own right.
“GTC” means these general terms and conditions, which are available at: https://www.sportimea.com/gtc.
“Contract” means the legal contractual relationship with the Operator and the Provider, which commences on the basis of the acceptance of the Provider’s Order by the Operator and is governed in accordance with the Order and these GTCs. Alternatively, the Contract may also be concluded, if the Provider fills in the template form as available at https://www.sportimea.com from time to time, and sends the filled out form to the Operator.
I. Opening Provisions
- The Operator shall provide to the Provider access to the Sportimea Website, including all related services, products, functions, information and content thereof in accordance with these GTCs and the respective Order.
- These GTCs and the Order accepted by the Operator shall regulate the use and usage of all Sportimea Website's services and any other potential products or Services rendered by to the Providers, who are engaged in the business of offering sports and other leisure activities, services, and products through the Sportimea Website to their Users, so that these can be ordered or booked by their Users. The relationship between the Provider and the User shall be regulated by the individual general terms of business of the respective Provider or other form of their standardized contractual arraignments. However, at all times it is the sole responsibility of the Provider to ensure the compliance of their terms with the applicable consumer protection laws in the respective jurisdiction pursuant to the relevant applicable laws, as the case may be. The Operator shall bear no liability nor any responsibility for the terms of business and the conduct of business of the respective Provider vis-à-vis the Users.
- These GTCs are published on https://www.sportimea.com/gtc. This version of the GTC is effective as of the Effective Date. The Provider's registration on or accessing of and the usage of the Sportimea Website shall mean that the Provider agrees to be bound by the terms of these GTCs, including any amendments or changes thereof. The Operator reserves the right to unilaterally change or amend these GTCs at any time. The Operator shall send to the Provider an updated version of these GTCs no later than 30 days before the new Effective Date.
II. Usage of Sportimea Website
- The Contract between the Operator and the Provider shall be established by the Order. Unless otherwise agreed by the Parties, the Provider's Usage Period shall be one (1) year from the date when the Operator confirmed the Provider's Order. Unless the Provider sends a non-renewable notice no later than 30 days before the end of the Usage Period, the Usage Period shall be automatically renewed for another annual commitment. The same procedure shall be applicable for any future subsequent Usage Periods after the initial Usage Period among the parties.
- The Provider shall be obliged to familiarize themselves with the GTCs prior to launching the reservation system via the Sportimea Website. The Provider by sending his Order to the Operator confirms that he has read and understood the GTCs and agrees to the wording thereof and to be contractually bound by the terms of the GTCs.
III. Invoicing, Payments, Fees and Payment Terms
- The Fee for using the Sportimea Website shall be paid on an annual basis and for the entire Usage Period in advance, in the amount specified in the Provider's Order, this amount being determined upon the sole discretion of the Operator. The Fee shall be due within 14 days from the Operator's invoice issue date. The same payment terms shall be applicable for any future subsequent Usage Periods.
- The Provider agrees that all Operator's invoices shall be send to the Provider in electronic form to the Provider's email address which was used to send the Order to the Operator, unless explicitly agreed otherwise in the Order.
- The Operator shall be entitled to unilaterally change the Fee no more than once per year, and the adjustment shall become effective from the first day of the subsequent Usage Period.
- All invoices shall be paid via irrevocable bank transfer to the Operator's bank account specified on each and every invoice issued to the Provider. Any bank transfer costs and fees shall be at all times and under all circumstances borne by the Provider.
IV. Operator's Rights and Obligations
- The Operator shall be entitled from time to time to make developments and updates of the Sportimea Website. Any updates shall be made with the aim to improve and simplify the use of, enhance the design of, add functions to and functionality of the Sportimea Website. Any changes of functions, controls, design or other changes on the Sportimea Website shall not be deemed defective and the Provider shall have no right to request that the Sportimea Website be available also in its previous version and shall not be entitled to any form of specific other customizations.
- The Provider acknowledges that the Operator makes no policing nor identity authentication of Users using the Provider's services. The Operator shall under no circumstances be be liable for any financial obligations of the Users towards the Provider. The Operator shall under no circumstances be liable for any non-compliances of the Provider in their respective business dealings vis-à-vis their Users. The Operator shall under no circumstances have any duty to monitor the compliance of Provider with any applicable laws in relation to busines dealings of the Provider vis-à-vis the Users.
- The Operator shall apply appropriate and suitable technical and organizational measures in order to secure the Data against unauthorized and accidental disclosure or revelation. However, to the greatest extend permitted by applicable laws, the parties agree that the Operator shall have no liability for any unauthorized or accidental disclosures or revelations of the Data.
- The Operator shall not perform any operations with the Data, save for the data storage on the Operator's servers and public bodies disclosure as required by applicable laws as the case may be.
- The Operator shall be entitled to publish information that the Provider used or has used the Sportimea Website, and this information may be mentioned in the Operator's marketing materials or on his website or other promotional venues of platforms as the case may be.
- The Operator, in order to ensure functionality/usage of the Sportimea Website and the fulfilment of his obligations, shall provide support at this email: firstname.lastname@example.org or via the website form at https://www.sportimea.com/contact.
- The Operator shall have the right mainly to:
- cancel the User's registration at any time, even without giving a reason;
- temporarily suspend Services or terminate Services, in whole or in part, for the Provider who is in default or fails to fulfil his obligations under Article III (1), despite being served with a request to remedy,
- perform a technical shutdown of the Sportimea Website and any ancillary Services at any time, even without any prior notice, in which case the Provider shall not entitled to any compensation.
- In case where the User's registration is canceled and the Services are terminated, the Operator has the right to after the lapse of 60 days to destroy or otherwise dispose of any User data that the Operator has stored on his servers. If the Services are terminated, the Provider has the right to request from the Operator to have the service-related data stored by the Operator send back to the Provider no later than within 60 days after the said termination. The request under the preceding sentence must be sent to the Operator no later than 10 days from the Services end date. If such request has been delivered, the Operator shall make every effort to send the said data back to the User within 60 days from the request delivery date.
V. Provider's Rights and Obligations
- The Provider shall be obliged to comply with these GTCs as well as all generally binding applicable laws, and shall not unlawfully infringe upon the Operator's rights or the rights of any third parties as the case may be.
- The Provider has read and undertakes to follow the General Terms and Conditions of Use, which are available at https://www.sportimea.com/gtc
- The Provider shall not use the Sportimea Website in a way that would cause congestion, malfunction of Sportimea Website or servers, nor perform activities or steps to gain illegal access to Sportimea data or any background functions of the Sportimea Website.
- The Provider shall not, directly or indirectly, perform any reverse engineering activities, nor decompile or disclose the Sportimea Website's source codes, functions and parts thereof, graphics, structure, ideas, thoughts, algorithms, documentation, information, manuals or video manuals related to the Contract and the use of Sportimea Website and third-party websites.
- The Provider and his staff shall keep the Provider's passwords confidential and treat them as confidential information. The Provider shall be exclusively responsible for the compliance with the relevant data protection laws as applicable in the relevant jurisdiction.
- The Provider acknowledges and agrees that all information that has been uploaded, provided or published through the Sportimea Website to third parties and users is published solely under the Provider's responsibility.
- The Provider must maintain copies of all inputs made into the Sportimea Website or provider to the Operator in the course of provisions of Services. The Operator adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. The Operator expressly excludes liability for any loss of Data no matter how caused.
- If the Provider enables any third-party applications for use in conjunction with the Services, the Provider acknowledges that the Operator may allow the providers of those third-party applications to access the Data as required for the interoperation of such third-party applications with the Services. The Operator shall not be responsible for any disclosure, modification or deletion of the Data resulting from any such access by third-party application providers.
- The Provider further undertakes:
- not to post false, inaccurate, misleading, defamatory or offensive content (including personal information) on the Sportimea Website;
- not to use the Services and platform to publish links to content that contains any of the above;
- not to take any action that may disrupt the feedback systems and/or the functionality evaluation of the Sportimea platform;
- not to distribute or post spam, unsolicited or bulk emails;
- not to distribute viruses or any other malicious malware that may have harmful impact.
VI. Intellectual Property Rights
- The Operator as well as his suppliers and licensors shall retain all intellectual property rights, including all copyrights, patent rights, trademark rights, utility model rights, as well as trade secret rights related to the Sportimea platform's services, functions, algorithms and the Services that will be or were provided by the Operator in connection with the use of the Sportimea platform.
- The Sportimea logo and all other trademarks, service marks, graphics and logo are trademarks or registered trademarks of the Operator or other third parties. By using the Sportimea Website, the Provider or any third party shall have no right or license to use the Operator's or third party's trademarks.
- The Provider agrees that the Operator has the exclusive right to improve, enhance or in any other way modify the Sportimea platform. If the Provider reports any errors and/or proposes modifications to the Operator, the Operator shall have the right to use such report, or to implement the Provider's proposals with no obligations towards the Provider. Unless otherwise agreed in writing, the Operator reserves all rights and, on the basis of the GTC, no licenses of any kind, whether implicitly or otherwise are granted to the Provider. The Operator shall exercise all rights to (i) the provided Services and all improvements and repairs of the Sportimea platform; (ii) any software, applications, inventions or other technologies developed in connection with the implementation of the Services or support of the Sportimea platform; (iii) information obtained from aggregated and anonymised data; and (iv) any intellectual property rights related to or arising from any of the foregoing.
- The Sportimea Website and its content are protected by the Operator's copyright. Any use, redistribution, reproduction or disclosure of any part or all of in any form is prohibited, save for printing or downloading the Sportimea Website's content, or any part thereof, on hard disks, provided that this is done for the Provider's personal and non-commercial use. The Provider may not distribute, commercially use, transmit or store the Sportimea Website's content on any other website without the prior written consent of the Operator.
VII. No Warranty. Disclaimer of Liability.
- The Operator shall make every effort to ensure that the Sportimea Website runs smoothly with uninterrupted service, however, all Sportimea Website's services and any other Services are being provided with no warranty. There is also no warranty of the Sportimea Website's access and availability, uninterrupted service, safety, viruses or errors. The Operator shall not warrant quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services and attributes provided by the Sportimea platform.
- To the extent permitted by law, neither the Operator nor his suppliers or licensors shall be liable to the Provider for any damage (i) caused directly or indirectly by unavailability of the Sportimea Website or unavailability of any of the Services thereon due to circumstances beyond the Operator's control; (ii) in connection with the use of the Sportimea Website; and (iii) in excess of the fees paid by the Provider for the ordered Services and use of the Sportimea Website, for twelve (12) months prior to the occurrence of the damage.
- All information contained on www.sportimea.com is for general information purposes only. The information is provided by the Operator, and even though the Operator makes every effort to update and correct the information, the Operator provides no express or implied warranties in terms of completeness, accuracy, reliability, suitability or availability of the information on the Sportimea Website. The same applies to information, products, Services or related graphics contained on the Sportimea website. Any reliance on this information is therefore solely at the Provider's own risk.
- The Sportimea Website links to other websites, which are beyond the Operator's control, and therefore the Operator shall not be responsible for any content and unavailability of such websites. Inclusion of any links on the Sportimea Website shall not constitute a recommendation or endorsement of the views expressed on such websites.
VIII. GTC Changes and Invalidity
- The Operator reserves the right, at his own discretion, to amend, change or replace any part of these GTCs. The Operator shall inform the Provider about any GTC changes by sending an e-mail at least 30 days before any such GTC change becomes effective. By using Sportimea after the GTC changes, the Provider has agreed to such GTC changes. The Operator may offer new Sportimea Services and/or new features in the future (including new tool, function, module releases or useful materials, manuals). These new Services or new functions shall be subject to the GTC valid at the time of the introduction of the new Service.
- If the Provider does not agree with the GTC changes, he shall notify the Operator in writing thereof within 30 days from the date when the GTC changes notification was delivered. In such a case, the Contract shall be deemed terminated upon the Effective Date of the new GTC version.
- In case that any provision of the GTC becomes invalid or ineffective for any reason, such fact shall not cause the invalidity or ineffectiveness of other parts of the GTCs or the Contract concluded between the Operator and the Provider established on the basis of the GTCs.
- The contractual relationship between the Provider and the Operator shall be governed by valid and effective Slovak laws, regardless of the conflicting rules of private international law. Any disputes arising from or related to the contractual relationship between the Operator and the Provider shall be decided by the competent general court, based on the Operator's registered office, which shall have sole jurisdiction to hear and resolve any disputes among the parties arising from the Contract.