The Padel School Terms of Service

Last Updated: July 10, 2025

Welcome, and thank you for your interest in The Padel School ("Community Owner," "we," or "us") and our online community, along with any mobile or other downloadable applications that we make available to enable access to the same (collectively, the "Community"). These Terms of Service are a legally binding contract between you and Community Owner regarding your use of the Community.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY ACCEPTING THESE TERMS, EITHER BY CLICKING "I ACCEPT," OR BY OTHERWISE ACCESSING OR USING THE COMMUNITY, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF AND ACCESS TO THE COMMUNITY, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COMMUNITY OWNER'S PRIVACY POLICY (COLLECTIVELY, THESE "TERMS") AND THE ADDITIONAL COMMUNITY TERMS ATTACHED AS EXHIBIT A (THE "ADDITIONAL TERMS") EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING THE COMMUNITY ON BEHALF OF AN ENTITY, ORGANIZATION, OR COMMUNITY OWNER, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR COMMUNITY OWNER TO THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE COMMUNITY. YOUR USE OF THE COMMUNITY, AND COMMUNITY OWNER'S PROVISION OF THE COMMUNITY TO YOU, CONSTITUTES AN AGREEMENT BY COMMUNITY OWNER AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMMUNITY OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1.
Eligibility. You must be at least 18 years old to join the Community or have the consent of a parent or legal guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or you are at least 13 years old and have obtained verifiable consent from a parent or legal guardian to join the Community; (b) you have not previously been suspended or removed from the Community; and (c) your registration and your use of the Community is in compliance with any and all applicable laws and regulations.
2.
Accounts and Registration. To access most features of the Community, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at info@thepadelschool.com or by using the mechanisms made available by Community Owner.
3.
LICENSES
3.1.
Limited License. Subject to your complete and ongoing compliance with these Terms, Community Owner grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use any mobile or other downloadable application provided to you by Community Owner and associated with the Community on a mobile device that you own or control; and (b) access and use the Community.
3.2.
License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the software powering the Community; (b) make modifications to the software powering the Community; or (c) interfere with or circumvent any feature of the Community, including any security or access control mechanism. If you are prohibited under applicable law from using the Community, then you may not use it.
3.3.
Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Community (“Submissions”), then you hereby grant Community Owner and its Service Provider (defined in Section 16.1 below) an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Submissions in any manner and for any purpose, including to improve the Community and create other products and services. We will have no obligation to provide you with attribution for any Submissions you provide to us.
4.
Ownership; Proprietary Rights. The Community is managed by Community Owner using a platform made available by Service Provider. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Community provided by Community Owner or Service Provider ("Materials") are protected by intellectual property and other laws. All Materials included in the Community are the property of Community Owner or its third-party licensors (including Service Provider). Except as expressly authorized by Community Owner, you may not make use of the Materials. There are no implied licenses in these Terms and Community Owner and Service Provider reserve all rights to the Materials not granted expressly in these Terms.
5.
THIRD-PARTY TERMS
5.1.
Third-Party Services. Community Owner may provide tools through the Community that enable integration with third-party platforms, add-ons, services, or products not provided by Community Owner ("Third-Party Services"). If you direct us to transmit data to, or receive data from, a Third-Party Service on your behalf (including by enabling the applicable integration in the settings of the Community), then you authorize us and Service Provider to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process ("Process") any such data, including User Content (defined in 6.1 below), in connection with the applicable integration, in a manner consistent with the functionality of the Community requested by you and the permissions granted to Community Owner by the relevant integration (which Processing may include, without limitation, performing queries on the data held by the Third-Party Service). You acknowledge and agree that your use of a Third-Party Service is subject to your agreement with the relevant provider of such Third-Party Service, and that Community Owner and Service Provider are not a party to such agreement. Community Owner and Service Provider do not control and have no liability for Third-Party Services, including their security, functionality, operation, availability, or interoperability with the Community or how the Third-Party Services or their providers use User Content. All data received from Third-Party Services on behalf of you as described herein will be deemed User Content under these Terms.
5.2.
Third-Party Software. The Community may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Community is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
6.
USER CONDUCT
6.1.
User Content Generally. Certain features of the Community may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Community, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Community, subject to the licenses granted in these Terms.
6.2.
Limited License Grant to Community Owner. By Posting User Content to or via the Community, you grant Community Owner and Service Provider a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Community. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Community Owner's or Service Provider's exercise of the license set forth in this Section.
6.3.

You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content including in all ambient music and underlying musical works embodied in any sound recording. Community Owner disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Community. By providing User Content via the Community, you affirm, represent, and warrant to us that:

(a)
you are the Community Owner and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Community Owner and users of the Community to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Community Owner, Service Provider, the Community, and these Terms;
(b)
your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Community Owner or Service Provider to violate any law or regulation or require Community Owner or Service Provider to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
(c)
your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
6.4.
User Content Disclaimer. Community Owner and Service Provider are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Community Owner or Service Provider may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Community, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Community Owner or Service Provider with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, Community Owner may (or may permit Service Provider to) investigate the allegation and determine whether to remove the User Content, which Community Owner and Service Provider reserve the right to do at any time, without notice, and for any reason. For clarity, Community Owner does not permit infringing activities on the Community.
6.5.
Monitoring Content. Community Owner and Service Provider do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Community by its users. You acknowledge and agree that Community Owner and Service Provider reserve the right to, and may from time to time, monitor any and all information transmitted or received through the Community for operational and other purposes. If at any time Community Owner or Service Provider choose to monitor the content, then Community Owner and Service Provider still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with Community Owner's Privacy Policy. Community Owner and Service Provider may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Community without any liability to the user who Posted such User Content to the Community or to any other users of the Community.
6.6.
Child Sexual Abuse and Exploitation. Community Owner and Service Provider prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e. users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material (CSAM). If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior minors, you can use the in-line report feature on the website or app. When child sexual exploitation content is identified, the violative content is removed as soon as possible and the related account is banned. If Community Owner and Service Provider confirm the presence of CSAM, we take the steps required by law to preserve and refer the relevant content to appropriate authorities. In the United States, federal law requires that U.S.-based electronic service providers report instances of apparent CSAM to the National Center for Missing and Exploited Children (NCMEC). NCMEC coordinates reports with global law enforcement agencies in over 120 countries through its partner organization, the International Center for Missing and Exploited Children.
7.
COMMUNICATIONS
7.1.
Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.
7.2.
In-App Notifications. When you install our app on your mobile device, we may send you in-app notifications. You can turn off notifications in the app's "settings" page.
7.3.
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
8.

PROHIBITED CONDUCT. BY USING THE COMMUNITY, YOU AGREE NOT TO:

8.1
use the Community for any illegal purpose or in violation of any local, state, national, or international law;
8.2
harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Community;
8.3
violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
8.4
access, search, or otherwise use any portion of the Community through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Community Owner or Service Provider;
8.5
interfere with security-related features of the Community, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Community except to the extent that the activity is expressly permitted by applicable law;
8.6
interfere with the operation of the Community or any user's enjoyment of the Community, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Community; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Community;
8.7
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Community account without permission, or falsifying your age or date of birth;
8.8
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 4(Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
8.9
attempt to do any of the acts described in this Section 8 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 8 (Prohibited Conduct).
9.
INTELLECTUAL PROPERTY RIGHTS PROTECTION
9.1.
Respect of Third Party Rights. Community Owner respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Community to do the same. Infringing activity will not be tolerated on or through the Community.
9.2.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended) and the Community is subject to Service Provider's DMCA policy.
10.
Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Community. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Community. Except as expressly permitted in this Section 10 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
11.
TERM, TERMINATION, AND MODIFICATION OF THE COMMUNITY
11.1.
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Community, and ending when terminated as described in Section 11.2 (Termination).
11.2.
Termination. If you violate any provision of these Terms, then your authorization to access the Community and these Terms automatically terminate. In addition, Community Owner may, at its sole discretion, terminate these Terms or your account on the Community, or suspend or terminate your access to the Community, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account at any time by using the mechanism designated in the Community or contacting customer service at info@thepadelschool.com.
11.3.
Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Community; (b) you will no longer be authorized to access your account or the Community; (c) you must pay Community Owner any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 3.3 (Feedback), 4 (Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity), 13 (Disclaimers; No Warranties by Community Owner), 14 (Limitation of Liability), 15 (Dispute Resolution and Arbitration), and 16 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Community since upon termination of your account, you may lose access rights to any User Content you Posted to the Community. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Community using a different name, email address or other forms of account verification.
11.4.
Modification of the Community. Community Owner reserves the right to modify or discontinue all or any portion of the Community at any time (including by limiting or discontinuing certain features of the Community), temporarily or permanently, without notice to you. Community Owner will have no liability for any change to the Community, including any paid-for functionalities of the Community, or any suspension or termination of your access to or use of the Community. You should retain copies of any User Content you Post to the Community so that you have permanent copies in the event the Community is modified in such a way that you lose access to User Content you Posted to the Community.
12.
Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Community, and you will defend and indemnify Community Owner, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Specified Entities") and Service Provider from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Community; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13.
DISCLAIMERS; NO WARRANTIES BY COMMUNITY OWNER
13.1.
THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMMUNITY OWNER AND SERVICE PROVIDER DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE COMMUNITY AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE COMMUNITY, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COMMUNITY OWNER AND ITS SERVICE PROVIDER DO NOT WARRANT THAT THE COMMUNITY OR ANY PORTION OF THE COMMUNITY, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE COMMUNITY, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMMUNITY OWNER DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
13.2.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMMUNITY, SPECIFIED ENTITIES, OR SERVICE PROVIDER, OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE COMMUNITY WILL CREATE ANY WARRANTY REGARDING ANY OF THE SPECIFIED ENTITIES OR THE COMMUNITY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE COMMUNITY AND YOUR DEALING WITH ANY OTHER COMMUNITY USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE COMMUNITY AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE COMMUNITY) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
13.3.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 13 (DISCLAIMERS; NO WARRANTIES BY COMMUNITY OWNER) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Community Owner does not disclaim any warranty or other right that Community Owner is prohibited from disclaiming under applicable law.
14.
LIMITATION OF LIABILITY
14.1.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SPECIFIED ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE COMMUNITY OR ANY MATERIALS OR CONTENT ON THE COMMUNITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SPECIFIED ENTITY OR SERVICE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
14.2.
EXCEPT AS PROVIDED IN SECTIONS 15.5 (COMMENCING ARBITRATION) AND 15.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SPECIFIED ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE COMMUNITY OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO COMMUNITY OWNER FOR ACCESS TO AND USE OF THE COMMUNITY IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
14.3.
WITHOUT LIMITING THE FOREGOING, YOU AND COMMUNITY OWNER AGREE THAT SERVICE PROVIDER IS NOT A PARTY TO THIS AGREEMENT AND, TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER WILL HAVE NO LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT IF YOU BRING A CLAIM AGAINST SERVICE PROVIDER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, SUCH CLAIM IS SUBJECT TO THE DISPUTE RESOLUTION PROCEDURE SET FORTH IN SECTION 15, AND SERVICE PROVIDER WILL BE DEEMED SUBSTITUTED FOR COMMUNITY OWNER THEREUNDER SOLELY FOR THE PURPOSE OF SUCH CLAIM.
14.4.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
15.
DISPUTE RESOLUTION AND ARBITRATION
15.1.

Generally. Except as described in Section 15.2 (Exceptions) and 15.3 (Opt-Out), you and Community Owner agree that every dispute arising in connection with these Terms, the Community, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COMMUNITY OWNER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

15.2.
Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3.
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to The Padel School, Attention: Legal Department – Arbitration Opt-Out, The Avenue, Sutton, SM2 7QA that specifies: your full legal name, the email address associated with your account on the Community, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Community Owner receives your Opt-Out Notice, this Section 15 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 16.3 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
15.4.
Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the JAMS under the rules applicable to consumer disputes (collectively, "JAMS Rules") as modified by these Terms. The JAMS Rules and filing forms are available online at www.jamsadr.com, by calling the JAMS at +1-800-352-5267 or by contacting Community Owner.
15.5.
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Community Owner's address for Notice is: The Padel School, The Avenue, Sutton, SM2 7QA. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Community Owner may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Community Owner will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Community Owner has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the JAMS Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules and the other party may seek reimbursement for any fees paid to JAMS.
15.6.
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the JAMS Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or Community Owner must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
15.7.
Arbitration Relief. Except as provided in Section 15.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Community Owner before an arbitrator was selected, Community Owner will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.
15.8.
No Class Actions. YOU AND COMMUNITY OWNER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Community Owner agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.9.
Modifications to this Arbitration Provision. If Community Owner makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Community Owner’s address for Notice of Arbitration, in which case your account with Community Owner will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.10.
Enforceability. If Section 15.8 (No Class Actions) or the entirety of this Section 15 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Community Owner receives an Opt-Out Notice from you, then the entirety of this Section 15 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 16.3 (Governing Law) will govern any action arising out of or related to these Terms.
16.
MISCELLANEOUS
16.1.
Third-Party Beneficiary. The Community is powered by a technology platform provided by CircleCo, Inc. ("Service Provider"). You and we acknowledge and agree that (a) Service Provider is an intended third-party beneficiary to these Terms, (b) is entitled to rights and benefits hereunder, and (c) may enforce these Terms against you as if it were an original party hereto.
16.2.
General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Community Owner regarding your use of the Community. These Terms or any rights under these Terms, may not be assigned either by us or by you in whole or in part, by operation of law or otherwise, without our Service Provider's prior written consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
16.3.
Governing Law. These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Community Owner submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Kings County, New York for resolution of any lawsuit or court proceeding permitted under these Terms. Service Provider operates the service that we use to provide the Community from its offices in New York, and we make no representation that Materials included in the Community are appropriate or available for use in other locations.
16.4.
Privacy Policy. You understand and agree to the processing of your personal data in connection with the Community in accordance with Community Owner's Privacy Policy, which is hereby incorporated by reference into Section 16.4 of these Terms.
16.5.
Precedence. In the event of a conflict between the Additional Terms and these Terms these Terms will control.
16.6.
Consent to Electronic Communications. By using the Community, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.7.
Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Community or to receive further information regarding use of the Community.
17.
Notice Regarding Apple. This Section 17 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Community Owner only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Community or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Community. If the Community fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Community. Apple is not responsible for addressing any claims by you or any third party relating to the Community or your possession and/or use of the Community, including: (1) product liability claims; (2) any claim that the Community fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Community and/or your possession and use of the Community infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Community. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Exhibit A: Additional Terms

Terms of Service

The Padel School Limited

Terms of Use

Please read the following important terms and conditions before using our Website or App. These terms of use are important as they contain all the information you need to know about using our services, whether available for free or are services available to paid subscribers only. 

These terms set out:

 

Please read these terms, our Privacy Policy, and any other terms referenced in this document carefully.

In this contract:

 

If you don’t understand any of this contract and want to talk to us about it, please contact us by email at info@thepadelschool.com

 

Who are we?

We are The Padel School Limited and we are registered in England and Wales under company number: 12989197

Our registered office is at: The Padel School Limited, The Avenue, Sutton, SM2 7QA, England.

 

 

 

 

  1. INTRODUCTION

  1. We provide services for streaming and downloading instructional padel content as well as other goods and services that may be developed on an ongoing basis.

  2. If you sign up to become a member, and/or sign up for an account via our Website or App, including all associated features and functionalities, Website or Apps and user interfaces, we well as all content and software Applications associated with our services (collectively referred to as “Service”), or if you are accessing any videos or other content or material made available through the Service (the “Content”), you are entering into a binding contract with us and agree to be legally bound by these terms of use.

  3. You may only use our Website or App and content for non-business reasons․

  4. This contract is only available in English. No other languages will Apply to this contract.

  5. In order to use the Service and access any Content you must:

  1. Be over the age of 18

  2. Have the power to enter into a binding contract with us and not be prevented from doing so

  1. When registering with us for an account, you confirm that any information you submit to us is true, accurate and complete and you confirm to keep the information that way.

 

  1. INFORMATION WE GIVE YOU

  1. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:

  1. click on our ‘FAQs’ section on Website; or

  2. contact us for more information at info@thepadelschool.com

  1. We will give you information on:

  1. the main characteristics of the services you want to buy;

  2. who we are, where we are based and how you can contact us;

  3. the total price of the services including any taxes (or where this cannot reasonably be worked out in advance, the manner in which we will work out the price);

  4. in the case of a contract where its end has not been agreed or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs;

  5. how to exercise your right to cancel the contract and the costs of doing so;

  6. our complaint handling policy;

  7. how long the contract is for and how to end it.

 

  1. The key information we give you by law forms part of this contract (as though it is set out in full here).

  2. If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.

  3. You have the right to cancel your subscription at any time within the cancellation period, which is 14 days, beginning on the day after you sign up to a trial for a Paid Subscription.

  4. If you cancel within the cancellation period, you will still receive access to streaming the content up until the last day of the 14-day cancellation period.

 

  1. YOUR PRIVACY AND PERSONAL INFORMATION

  1. Our Privacy Policy is available at www.thepadelschool.com

  2. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.#

 

  1. THE SERVICE

  1. Below, we set out how a legally binding contract between you and us is made.

  2. You create an account by providing your details via our Website or App. Please read and check your details carefully. If you need to correct any errors, you can do so before submitting it to us.

  3. Some of the Content and parts of the Service are only available if you have paid for a subscription (“Paid Subscription”) or a one-off plan (“Coaching Course”).

  4. When creating an account, you will be automatically signed up to a Paid Subscription.

  5. Your Application to sign up constitutes an offer by you to subscribe to the Service by way of a Paid Subscription or Coaching Course. We will confirm acceptance of your offer by sending you an email which confirms your Application has been accepted (“Confirmation Email”). A legally binding contract will be made between us when you receive the Confirmation Email.

 

  1. COACHING COURSE

  1. If you purchase a Course, you will have access to selected Content for as long we keep it available on our Website or App which we may be subject to change depending on Website or App storage capacity and to The Padel School’s discretion.

  2. If have purchased a Course and started streaming/downloading the Content, you will not be able to cancel the Course.

 

  1. PAID SUBSCRIPTIONS

  1. The Paid Subscription options are available on our Website or App (www.thepadelschool.com) and we explain which Paid Subscription options are available to you when you create an account.

  2. Depending on the level of Paid Subscription you purchase, you will have access to our coaching courses and Content for the duration of your subscription.

  3. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

  4. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Service.

  5. If you have signed up for a Paid Subscription, you will be charged for the Service on a recurring basis until cancellation by you (see Clause 9) after any Free Trial period is finished (if Applicable). The payment dates will depend on the type of subscription you sign up to.

  6. By signing up to a Paid Subscription you acknowledge that your subscription will result in a recurring payment by you indefinitely until you cancel the subscription, and you accept all responsibility for the recurring charges before cancellation by you.

  7. Any memberships purchased with coupons or special codes may be subject to modifications or changes by The Padel School.

  1. FREE TRIALS

  1. When you sign up to a Paid Subscription, you have an automatic 7-day free trial. You can cancel your subscription within the Free Trial period, and you will not be charged for the Service.

  2. We, or third parties, may offer Free Trials of Paid Subscriptions of differing periods (“Free Trial”).

  3. We may withdraw a Trial at any time without prior notice and without any liability, subject to your statutory rights.

  4. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. If you do not want to be charged at the end of the trial period, you must cancel the paid subscription before the end of the Free Trial by cancelling the subscription within your profile or by contacting customer service at info@thepadelschool.com

 

  1. 14 DAY CANCELLATION PERIOD

  1. For subscriptions, the ‘Cancellation Period’ will expire after 14 days from the day the subscription begins. For subscriptions, the Cancellation Period includes the period of the free trial you are entitled to, as this is automatically applied to every subscription account. For example, if you sign up for a Paid Subscription, and you are entitled to a 7-day free trial and then a further 7 days before the Cancellation Period is up.

  2. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email).

  3. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

  4. We will begin providing the Paid Subscription service immediately. Should you wish to cancel within the 14-day cancellation period, please contact us.

  5. If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you.

  6. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

  7. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

  1. ENDING YOUR PAID SUBSCRIPTION

  1. If you wish to cancel your Paid Subscription, you must cancel at least 24 hours before your next payment is due to be collected in order to avoid being charged for the following subscription period.

 

  1. END OF THE CONTRACT

  1. If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

 

  1. CONTENT

  1. You must check that the hardware and software requirements of your computer or device mean that you can stream/download the Content.

  2. Please note that streaming Content via our Website or App will use your data unless you are connected to Wi-Fi. Using too much data might mean that you exceed your data limit and you could face paying more than you were expecting, particularly if you are using your mobile phone abroad.

 

  1. PERMISSION TO USE THE WEBSITE OR APP CONTENT

  1. When you download our content and use our Website or App, and when you use our Service to download/ stream Content you will not own the Website or App or the Content. Instead we give you permission to use them (also known as a ‘licence’) for the purpose of you using and enjoying it according to these terms and conditions.

  2. The licences to use our Website or App and our Content:

  1. are personal to you. You can use it wherever you want in the world but only if you comply with local laws;

  2. are non-exclusive to you. We supply the same Website or App to other users;

  3. may be used only on five computers or devices;

  4. may not be:

    • copied by you;

    • changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);

    • combined or merged with, or used in, any other computer program;

    • distributed or sold by you to any third party;

  5. contain information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright ©, registered trade mark ® or unregistered trademark ™ markings.

  1. Except where you have permission to use the Website or App and our Content under this clause 12, you will not obtain any rights of ownership or other rights (of whatever nature) in the Website or App or in any copies of it.

  2. You will indemnify us and hold us harmless against all damages, losses and expenses arising out of your use of the Website or App which is in breach of the terms of this agreement.

 

  1. PAYMENT

  1. We accept the following credit cards and debit cards: [including but not limited to MasterCard, Visa, Paypal].

  2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy (see clause 3) or breach by us of our duties under Applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

  3. Your credit card or debit card will only be charged when you sign up to a Paid Subscription, or at the end of a free trial (if applicable) if you have not cancelled the subscription or if you bypass the free trial after signing up.

  4. All payments by credit card or debit card need to be authorised by the relevant card issuer.

  5. The price of the Paid Subscriptions is in the currency options available and includes local taxes at the Applicable rate.

 

  1. NATURE OF THE SERVICE AND CONTENT

  1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example:

  1. In respect of the Service you can ask us to repeat or fix the service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it; if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable; if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.

  2. In respect of the Content: it must be as described, fit for purpose and of satisfactory quality; if it is faulty, you’re entitled to a repair or a replacement; if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back.

  1. When we supply the Content:

  1. we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content but;

  2. we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our Website or App; and

  3. you acknowledge that there may be minor errors or bugs in it.

  1. In respect of our App:

  1. The App is provided as is and as available without express or implied warranty of any kind

  2. We make no representations that the App is fit for a particular purpose or is of satisfactory quality

  3. you acknowledge that there may be minor errors or bugs in it;

  4. we do not endorse, guarantee or assume responsibility for any third-party Applications, devices or other product or service which might be advertised through the App, our Website or the Service.

 

  1. OWNERSHIP

  1. Our Website or App and all intellectual property rights in them including but not limited to any Content are owned by us, our licensors or both (as Applicable). Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and our licensors reserve all of our and their rights in any intellectual property in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

  2. Nothing in these Terms grants you any legal rights in our Website or App other than as necessary to enable you to access the Website or App. You agree not to adjust to try to circumvent or delete any notices contained on the Website or App (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website or App.

  3. Trademarks: The Padel School and The Padel School logo are our registered trademarks. Other trademarks and trade names may also be used by us on the Website or App. The use of any of our trademarks on the Website or App is strictly prohibited unless you have our prior written permission.

 

  1. YOUR RESPONSIBILITIES:

  1. You agree that you are solely responsible for:

  1. all costs and expenses you may incur in relation to your use of the Website or App; and

  2. keeping your password and other account details confidential.

 

  1. LIMIT ON OUR RESPONSIBILITY TO YOU

  1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under Applicable laws relating to the protection of your personal information, we are not legally responsible for:

  1. losses that:

    • were not foreseeable to you and us when the contract was formed; or

    • that were not caused by any breach on our part;

  2. business losses; and

  3. losses to non-consumers.

  1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

  1. DISPUTES

  1. We will try to resolve any disputes with you quickly and efficiently.

  2. If you are unhappy with:

  1. the digital content;

  2. our service to you; or

  3. any other matter,please contact us as soon as possible.

  1. If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:

  1. let you know that we cannot settle the dispute with you; and

  2. give you certain information required by law about our alternative dispute resolution provider. You may also use the online dispute resolution (ODR) platform to resolve the dispute with us. For more details, please visit the Website on the ‘Your Europe’ portal: https://webgate.ec.europa.eu/odr.

  1. If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.

 

  1. ACCURACY OF INFORMATION ON OUR WEBSITE OR APP

  1. While we try to make sure that our Website or App is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Website or App will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website or App is at your own risk.

  2. We may suspend or terminate operation of our Website or App at any time as we see fit.

  3. Information provided for your general information purposes only and to inform you about us and our products and news, features, services and other Website or Apps that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

  4. While we try to make sure that the Website or App is available for your use, we do not promise that the Website or App is available at all times nor do we promise the uninterrupted use by you of the Website or App.

 

  1. HYPERLINKS AND THIRD-PARTY SITES

  1. Our Website or App may contain hyperlinks or references to third party Website other than the Website or App. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Website or Apps and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party Website or App does not mean that we endorse that third party’s Website or App, products or services. Your use of a third-party site may be governed by the terms and conditions of that third party site. You should also check the privacy policy of any third party site as ours will not Apply.

 

  1. SUBMITTING INFORMATION TO THE WEBSITE OR APP

  1. While we try to make sure that the Website or App is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent Applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.

  2. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Website or App to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.

 

  1. ASSIGNMENT

  1. We may assign the agreement or any rights under the agreement, in whole or in part to another party

  2. You may not assign the agreement or any rights under the agreement to any third party.

 

  1. APPLICABLE LAW

  1. The laws of England and Wales will apply to this contract.

 

  1. THIRD PARTY RIGHTS

  1. No one other than a party to this contract has any right to enforce any term of this contract.

 

  1. LIMITATION OF LIABILITY

  1. You agree that you bear all risks associated with using or relying upon content on the website or app. The Padel School accepts no liability for any injury or loss sustained while engaging with our content, courses, coaching, community interactions, or related activities.

  2. In no event shall The Padel School be liable to you or any third party for any losses or damages whatsoever, including but not limited to direct, indirect, consequential, exemplary, incidental, special, or punitive damages, or damages based on lost profits, data or use, arising from your use of the website or app, even if The Padel School has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, to the extent that The Padel School may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope of warranty and the extent of The Padel School’s liability shall be limited at all times to the amount paid, if any, by you to The Padel School for your access and use of the website or app.

 

  1. INDEMNITY

  1. You agree to indemnify, release, and hold The Padel School, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Community or use of our Service.

 

 

 

 

 

 

 

 

The following pages contains the terms and conditions which govern The Padel School Community. Please navigate to the relevant section below to review the terms and conditions of using the community.

The Padel School Community Rules of Engagement

These Rules of Engagement (the “Rules”) govern your access and use of The Padel School Community (the “Community”). By accessing and using the Community, you agree that you are subject to and will comply with the rules set forth below.

Your Access to the Community

In order to access and use the Community, you must have login credentials (username and password). Login credentials are issued to The Padel School paid subscribers who have setup an account on our platform. You are responsible for maintaining the confidentiality of your login credentials, and you assume all liabilities and responsibilities for any and all activities that occur on your behalf in the Community.

You agree that your first name and last name, and any other information you elect to make public, together with your Community activity may be publicly displayed on your Community account. You agree Community forums may be made publicly available both within and outside of the Community, along with any comments you post to such forums. You may manage your Community account display settings to define your public account name and the level of visibility of such account name. Your access to and use of the Community, including any personal data you submit to us, is subject to The Padel School Privacy Policy which is available on our website.

 

If The Padel School, in its sole discretion, determines that you have acted inappropriately and/or not in accordance with these Rules, The Padel School reserves the right to take down content, terminate or suspend your access to all or any part of the Community.

You hereby expressly acknowledge, agree and consent that The Padel School may collect and use personal information, data and related information (including without limitation, your name, your IP address, company name (if any), addresses (including e-mail address) and phone number). The Padel School may use this information to provide services or technology to you.

Your Use of the Community

By posting content on the Community, you agree to allow anyone with access to the Community (as well as any non-Community members for applicable forums that are publicly accessible) to access and view the content you post, without royalties or restrictions, in whole or in part and for any purpose. The Padel School has no obligation to keep your content confidential, and may publish or otherwise publicly disclose your content in any existing or later developed media.

You agree that any discussion you initiate or participate in, or content you post on the Community will be related to the game of padel. You agree to use the Community only in accordance with these Rules, for its intended purpose and in compliance with all applicable laws and government regulations.

The Padel School is under no obligation to post or use any content provided by users and The Padel School may reject, decline to post, or remove any content for any reason or no reason, at any time at its sole discretion.

The Padel School is under no obligation to acknowledge or review the content that you post on the Community, or otherwise respond to you in any way regarding your content. The Padel School assumes no responsibility or liability over the sharing of content posted on the Community. If you post a request on the Community, The Padel School may, in its sole discretion, comment on the request by affixing a status to the request. 

 

If you post any content on the Community, you are solely responsible for retaining a back-up copy of such content. The Padel School is not responsible for any alterations, deletions or loss of any content you post to the Community.

Any use of the community or access by anyone under the age of 18 is strictly prohibited.

You shall not:

 

The Padel School reserves the right to remove any user considered to be breaching the rules set out in this agreement at any time. 

Third Party Links

The Community may contain links to third party sites (either provided by The Padel School or by the Community users). Such linked sites are not under The Padel School’s control and The Padel School is not responsible for, nor endorse, the content of any linked site or any link contained in a linked site. The Padel School reserves the right to remove any links at any time.

Intellectual Property

Your submission and its contents automatically become the property of The Padel School, without any compensation of any kind owed to you. The Padel School may, in its sole discretion, elect to develop and market products, services or applications that incorporate feature requests that you submit on the Community, and you agree not to make any claims against The Padel School or anyone using a product or service marketed by The Padel School related to the development and offering of such products, services or applications whether your feature requests are adopted, not adopted or adopted but modified in any product, service or application. The foregoing The Padel School’s rights will remain in force even if you stop using the Community.

Using the Community does not grant you ownership of any intellectual property rights to the content you access and view. You may not use content from the Community unless you obtain permission from The Padel School or its owner, or unless you are otherwise permitted by law.

No Warranty

The Community and content posted on the Community is provided “as-is,” exclusive of any express or implied warranties whatsoever. THE PADEL SCHOOL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PADEL SCHOOL IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. PARTICIPANTS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT THEY POST. USER CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT POSTED BY A THE PADEL SCHOOL EMPLOYEE OR REPRESENTATIVE, DOES NOT REPRESENT THE VIEWS OR OPINIONS OF THE PADEL SCHOOL, AND SUCH CONTENT WILL NOT CREATE ANY OBLIGATION ON THE PART OF THE PADEL SCHOOL.

Limitation of Liability

You agree that you bear all risks associated with using or relying upon content on the Community.

IN NO EVENT SHALL THE PADEL SCHOOL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR DAMAGES BASED ON LOST PROFITS, DATA OR USE, ARISING FROM YOUR USE OF THE COMMUNMITY, EVEN IF THE PADEL SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT THAT THE PADEL SCHOOL MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF WARRANTY AND THE EXTENT OF THE PADEL SCHOOL’S LIABILITY SHALL BE LIMITED AT ALL TIMES TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PADEL SCHOOL FOR YOUR ACCESS AND USE OF THE COMMUNITY.

 

Indemnity

You agree to indemnify, release, and hold The Padel School, its subsidiaries, affiliates, officers, agents, employees and subcontractors harmless from any and all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post on the Community.

 

Modification to the Rules

The Padel School may change these Rules at any time and without notice. By continuing to use or log-in to the Community after these Rules have changed, you indicate your agreement to the revised Rules. If you do not agree to the changes, you should stop using or logging-in to the Community.

Governing Law

These Rules are governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws rules. You expressly and irrevocably agree that the exclusive jurisdiction for any claim or dispute under these Rules resides in the competent courts located in England and Wales.

Severability

In the event any provision of these Rules is held to be invalid or unenforceable, the remaining provisions of these Rules shall remain in full force and effect.

Relationship of the Parties.

Nothing in these Rules shall be construed to create a partnership, joint venture, or agency relationship between the parties. Neither party will have the power to bind the other or to incur obligations on the other’s behalf.

Information and Notices

You agree that The Padel School may send you information and notices regarding the Community or your Community account, by email, by posting notices on the Community or by other means based on the information you provide to The Padel School.

Entire Agreement.

These Rules constitute the complete and exclusive agreement between the parties concerning the Community and supersedes all prior or contemporaneous agreements or understandings, written or oral, concerning the subject matter of these Rules. If The Padel School should waive any breach of any provision of these Rules, it shall not be deemed to have waived any preceding or succeeding breach of the same or any other provision hereof.