Terms and Conditions
A. Contractual Relationship
These terms and conditions (“Terms”), as may be amended from time to time, applies to all of our brands, products and services (hereafter collectively referred to as “Services”) and governs our relationship with users and any other entity who interacts with “Bookball”.
By accessing and using our Mobile Application (“Application”) made available through whatever platform and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below.
If you do not agree to these Terms, you may not access or use the Services.
Bookball may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
This agreement was written in English (US) and to the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: May 11, 2017
B. The Services
The Services constitute a technology platform that enables users of Bookball’s mobile applications to arrange and book a sports venue with third party providers of such services (“Clubs”) and under agreement with Bookball or certain of Bookball’s subsidiaries.
Unless otherwise agreed by Bookball in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT BOOKBALL DOES NOT OWN OR IS RESPONSIBLE FOR, THE SPORTS VENUES OR THE SPORTS FACILITIES. BOOKBALL’S SERVICES MAY BE USED BY YOU TO CONSULT AVAILABILITY AND BOOK A SPORTS VENUE WITH CLUBS, BUT YOU AGREE THAT BOOKBALL HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY VENUE RENTING SERVICE PROVIDED TO YOU BY CLUBS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
BOOKBALL DOES NOT GUARANTEE THE SUITABILITY, SAFETY OR AVALABILITY OF THIRD PARTY FACILITIES. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. BOOKBALL WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BOOKBALL SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH CLUBS.
Subject to your compliance with these Terms, Bookball grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to:
- Access and use the Applications on your personal device solely in connection with your use of the Services;
- Access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use.
Any rights not expressly granted herein are reserved by Bookball and Bookball’s licensors.
You may not:
- Remove any copyright, trademark or other proprietary notices from any portion of the Services;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Bookball;
- Decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Services;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
- Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
3. Third party services and content
Additionally, Apple Inc. or Google, Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS or Android, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Bookball’s property or the property of Bookball’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
- In or related to the Services except for the limited license granted above;
- To use or reference in any manner Bookball's company names, logos, product and service names, trademarks or services marks or those of Bookball's licensor.
C. Your Use of the Services
5. User Account
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit to Bookball certain personal information, such as your name, e-mail and mobile phone number. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, may result in your inability to access and use the Services or Bookball’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Bookball in writing, you may only possess one Account.
6. Score information and Fairplay
You are not obligated to register, publish or share your game results (“Results”) and your Personal Information (“Information”) at Bookball, or at any other Platform in connection with Bookball. But if you do, you acknowledge and agree, that the game results and information you register, publish and share can be used in Bookball’s sole discretion to promote Bookball among other players and users of Bookball.
You also acknowledge and agree that you will not use Bookball to:
- Mock other players or disrespect the spirit of game;
- Register wrong results for any reason, even if you have lost a game;
- Ares or insult other players, particularly the ones you don't know.
7. Promotional Codes
Bookball may, in Bookball’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s services, subject to terms that Bookball establish on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
- Must be used for the intended audience and purpose, and in a lawful manner;
- May not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Bookball;
- May be disabled by Bookball at any time for any reason without liability to Bookball;
- May only be used pursuant to the specific terms that Bookball establish for such Promo Code;
- Are not valid for cash;
- May expire prior to your use.
Bookball reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Bookball determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
8. User Provided Content
Bookball may, in Bookball’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Bookball through the Services textual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Bookball, you grant Bookball a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Bookball’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
- You either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Bookball the license to the User Content as set forth above;
- Neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Bookball's use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Bookball in its sole discretion, whether or not such material may be protected by law. Bookball may, but shall not be obligated to, review, monitor, or remove User Content, at Bookball’s sole discretion and at any time and for any reason, without notice to you.
9. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates there to. Bookball does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Bookball is not responsible for raising any invoice directly to you with regard to your use of the service or acquisition of products at Bookball or in any other platform related with Bookball.
We are not the providers of the service nor the owners of the products you purchase at Bookball. We are only a selling channel.
If you need an invoice, you should request it directly to the Third Party Service provider from who you are requesting the service or buying the product.
Bookball reserves the right to establish, remove and/or revise Fees for any or all aspects of the Services at any time in Bookball’s sole discretion. Bookball will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for payments incurred under your Account regardless of your awareness of such Fees or the amounts thereof. Bookball may from time to time provide certain users with promotional offers and discounts that may result in different Fees for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Fees applied to you.
The total reservation price you pay when you book at Bookball, it’s the announced price selected at the App when you confirm your booking at Bookball and the Payment System is capable of charging the booking Fee.
If a Third Party Service Provider, changes the price of the venue you have already booked, that change will not affect your booking, as long as your booking was made and confirmed before the price change.
D. Disclaimers; Limitation of Liability; Indemnity
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BOOKBALL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOOKBALL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
13. Limitation of Liability
BOOKBALL SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF BOOKBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOKBALL SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF:
- YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BOOKBALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOKBALL SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOOKBALL'S REASONABLE CONTROL.
IN NO EVENT SHALL BOOKBALL’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED EUROS (EUR 100€).
THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
You agree to indemnify and hold Bookball and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:
- Your use of the Services;
- Your breach or violation of any of these Terms;
- Bookball's use of your User Content;
- Your violation of the rights of any third party, including Third Party Providers.
E. Other provisions
15. Choice of law
These Terms are governed by and construed in accordance with the laws of the district of Lisbon, Portugal, without giving effect to any conflict of law principles.
Bookball may give notice by means of a general notice on the Services, or electronic mail to your email address in your Account. Such notice shall be deemed to have been given 12 hours after sending (if sent by email). You may give notice to Bookball, with such notice deemed given when received by Bookball, at any time by electronic mail to Bookball (email@example.com), Subject: User Notices - Legal.
You may not assign these Terms without Bookball’s prior written approval. Bookball may assign these Terms without your consent to:
- A subsidiary or affiliate;
- An acquirer of Bookball's equity, business or assets;
- A successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Bookball or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Bookball’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bookball in writing.
18. Notification of copyright infringement
Bookball, Ltda. (“Bookball”) respects the intellectual property rights of others and expects its users to do the same.
It is Bookball’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Bookball will respond expeditiously to claims of copyright infringement committed using the Bookball App, as identified in the sample notice below.
19. Notice of alleged infringement
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Bookball:
Bookball - Sports Technology, Ltda.
Travessa de Cima dos Quartéis, nº6, 1º
B. Information Policy
When you publish content or information at Bookball, it means that you are allowing everyone, including people off of Bookball, to access and use that information, and to associate it with you (i.e. your name and profile picture).
We always appreciate your feedback or other suggestions about Bookball, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
1. Data policy
When you use our App, we process technical data such as your IP-address, Device ID or MAC-address, and information about the manufacturer, model, and operating system of your mobile device, and we securely store that information at our server. We use this data to enable us to deliver the functionalities of the App, to resolve technical difficulties, to provide you with the correct and most up to date version of the App and to improve the function of the App.
2. User information
When you sign up at Bookball, we collect your name, your username, email address, country, language, password and mobile phone number, and we securely stored it at our server.
When you book a venue at Bookball, we provide your name and phone number to the club, in order for them to contact you, in case there’s a need to cancel a booking.
We will use your contact details to send you a welcoming email to verify your username and password, to communicate with you in response to your inquiries, and to send you service-related announcements, for instance, if our Service is temporarily suspended for maintenance.
3. Location information
When you use the App through your mobile device, we track your geo-location information to allow you to view the available Sport Facilities (“Facilities”) that are closer to your location. We also use your geo-location information to connect with maps and help you discover your way to the Facilities. We never share, nor use this information for anything else rather than to improve your experience.
4. Contacts data
When you sign up at Bookball, we collect the names, emails addresses and mobile phone numbers of the people registered at your mobile phone contacts, and we securely store it at our server. We use this information to improve your experience and help you find friends at Bookball. We never share, nor use that information for our self advantage.
5. Connect to Facebook
When you sign up at Bookball using your Facebook account, you allow Facebook to provide Bookball your email, public profile and user friends. We use this information to improve your experience and help you find friends at Bookball. We never share this information.
If you choose to upload a photo to your Bookball account, your photo will be viewable for other Users. You may remove or replace your photo at any time by logging into your account.
7. Push notifications
We will process your telephone number to send you push notifications regarding the Service.
Bookball may use your contact details to send you general updates regarding Bookball news, special offers and promotions. We may also use your contact details to deliver advertising and other commercial or sponsored content that is valuable to you.
D. Generating management information and statistical data
Bookball uses your personal data in an anonymized and aggregated form to closely monitor which features of the Service are used most, to analyze usage patterns and to determine where we should offer or focus our Service. We may share this information with third parties for industry analysis and statistics.
Bookball has taken appropriate technical and organizational security measures against loss or unlawful processing of your personal data. To this purpose, your personal data are securely stored within our database, and we use standard, industry-wide, commercially reasonable security practices such as firewalls and SSL (Secure Socket Layers) as well as physical safeguards of the locations where data is stored.
However, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any transmission of information by you to Bookball is at your own risk. We recommend that you do not disclose your password to anyone.
For vulnerabilities of the system that are reported to us in compliance with this policy, Bookball commits to validate, respond to, and fix vulnerabilities in a timely fashion and to not take legal or administrative action against responsible vulnerability reporters. Bookball reserves all of its legal rights in the event of noncompliance.
When reporting a vulnerability, please include the following:
- Your email address
- Your full name
- Summary of issue
- Steps to reproduce the issue
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email. We encourage you to periodically review this page for the latest information on our privacy practices.
G. Contact details
Bookball allows both, Users and Third Party Service Providers, to cancel bookings as set forth in the following cancellation policy. Please review the following carefully so that you understand our practices. This cancellation policy is available on our website and may be amended from time to time.
B. User cancellation policy
As a User, you can cancel a booking at Bookball at any time prior to the time of the game. If for any reason, you don’t cancel a booking and you don’t attend the booking you have maid, you can still be charged.
If you cancel a booking until 10 hours prior to the time of the game, you will not be charged for cancelling the booking.
If you cancel a booking within the 10 hours prior to the game, the Club where you have made the booking is allowed to charge you partially or the entire booking. Between 10 hours prior to the game and the time of the game, if you wish to cancel a booking and avoid being charged, you, at your own account and risk, have to directly contact the club by telephone and agree with them on the conditions of the cancellation.
C. Club’s cancellation policy
Every Club at Bookball can cancel a booking at any time prior to the time of the game. When a Club cancels a booking, you receive a notification on your Bookball Account, and you can instantly book another venue from another Club available at Bookball.
D. Cancellation policy disclaimer
BOOKBALL HAS NO RESPONSIBILITY OR LIABILITY FOR DISPUTES OF ANY KIND BETWEEN USERS AND THIRD PARTY SERVICE PROVIDERS REGARDING ANY KIND OF CANCELLATION.
IF YOU DO NOT COMPLY WITH THESE RULES, BOOKBALL HAS THE RIGHT TO CANCEL YOUR ACCOUNT AT ANY TIME WITHOUT PREVIOUS NOTICE AND CHARGE YOU FOR ANY INCONVENIENCE.