Sport-Planner Terms and Conditions
Please take the time to read these terms and conditions. By accessing or using the Sport-Planner Platform, you agree to comply with and be bound by these Terms and comply with them.
Last Updated: October 8, 2019
Thank you for using Sport-Planner!
These Terms of Service (“Terms“) constitute a legally binding agreement (“Agreement“) between you and Sport-Planner (as defined below) governing your access to and use of the Sport-Planner website, including any subdomains thereof, and any other websites through which Sport-Planner makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Sport-Planner Services“). The Site, Application and Sport-Planner Services together are hereinafter collectively referred to as the “Sport-Planner Platform”. All our other Policies applicable to your use of the Sport-Planner Platform are incorporated by reference into this Agreement.
When these Terms mention “Sport-Planner,” “we,” “us,” or “our,” it refers to SPORTS BV, the company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Sport-Planner Account as determined by either your provided address, or by Sport-Planner’s assessment of your residence using various data attributes associated with your Sport-Planner Account.
You are contracting with Sports bv, Dorpsstraat 31, 1393NE Nigtevecht, the Netherlands
Organizers and users of our platform are responsible alone for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Organizer Services. For example, some cities have laws that restrict their ability to organize sport activities. In many cities, Organizers may have to register, get a permit or obtain a license before providing certain Organizer Services. Organizers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Organizer Services they offer. Certain types of Organizer Services may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Organizer Service(s) on Sport-Planner, you should always seek legal guidance.
1. Scope of Sport-Planner Services
1.1 The Sport-Planner Platform is an online tool that enables registered users (“Members”) to find and book services offered by Organizers. (Members and third parties who offer services are “Organizers” and the services they offer are “Organizer Services”), to publish such Organizer Services on the Sport-Planner Platform (“Events”) and to communicate and interact with other Members. Members using Organizer Services are referred to as “Users”. Organizer Services may include the offering of sport activities to participate in, or access to unique events and locations, or other services or activities (“Events“), and a variety of other sport and non-sport related services.
1.2 As the provider of the Sport-Planner Platform, Sport-Planner acts as an Sales Agent for the Organizer on it’s platform. Sport-Planner offers any Events or Organizer Services as part of a Principal-Agent relationship. Organizers alone are responsible for the correct communication of Events and Organizer Services to the Agent, Sport-Planner. When Members make a booking, or another Member books an Event or other Organizer Service listed by them, they are entering into a contract directly with Sport-Planner, who acts as an Agent for the Organizer. Sport-Planner is acting as an agent for any Member organizing Events via the platform, as specified in the Payments Terms.
1.3 While we try to offer the best Sport offering possible, Sport-Planner does not guarantee (i) the existence, quality, safety, suitability, or legality of any of the Events on the Platform, (ii) the truth or accuracy of any Event descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Organizer, Member or third party. Sport-Planner endorses specific Event, but also for these events cannot guarantee any of the points under i) ,ii) ,or iii). Any references to a Member being “premium”, “verified”, “gold”, or similar language, only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Sport-Planner about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Event, visit a location, or use other Organizer Services, or communicate and interact with other Members, whether online or in person. If you choose to use the Sport-Planner Platform as an Organizer, your automatically accept Sport-Planner to act as an agent on your behalf. Sport-Planner does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Organizer Services. You acknowledge and agree that you have complete discretion whether to list Organizer Services or otherwise engage in other business or employment activities.
1.5 To promote the Sport-Planner Platform and to increase the exposure of Events to potential Users, Events and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Events and other Member Content may be translated, in whole or in part, into other languages. Sport-Planner cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Sport-Planner Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Sport-Planner Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Sport-Planner is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Sport-Planner of such Third-Party Services.
1.7 Due to the nature of the Internet, Sport-Planner cannot guarantee the continuous and uninterrupted availability and accessibility of the Sport-Planner Platform. Sport-Planner may restrict the availability of the Sport-Planner Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Sport-Planner Platform. Sport-Planner may improve, enhance and modify the Sport-Planner Platform and introduce new Sport-Planner Services from time to time.
2. Eligibility, Using the Sport-Planner Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Sport-Planner Platform or register a Sport-Planner Account. By accessing or using the Sport-Planner Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. If you are under 18 years of age, you are allowed to use the Sport-Planner platform as a User only (not as an organizer) and only with explicit approval by your parent(s), or guardian(s) legally acting as your parent, for each individual event you book or join, prior to booking it.
2.2 You will comply with any applicable export control laws in your local jurisdiction.
2.3 Sport-Planner may make access to and use of the Sport-Planner Platform, or certain areas or features of the Sport-Planner Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.4 Sport-Planner does not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). Specifically, Sport-Planner will do a background check of the Organizers for whom Sport-Planner acts as an agent, via publicly available lists, such as, but not restricted to OFAC’s Sanctions List, to ensure this Organizing Member is a legitimate business partner. The costs associated with these checks are to be determined by Sport-Planner, without requiring upfront agreement by the Organizer and are deducted from payments due by Sport-Planner to the Organizer.
2.5 The access to or use of certain areas and features of the Sport-Planner Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Sport-Planner Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Sport-Planner Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Sport-Planner reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Sport-Planner Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Sport-Planner Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register a profile and/or account (“Sport-Planner Account“) to access and use certain features of the Sport-Planner Platform, such as publishing or booking an Event. If you are registering a Sport-Planner Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Sport-Planner Account using an email address and creating a password, or, in the future, through your account with certain third-party social networking services, such as, but not restricted to, Facebook or Google (“SNS Account“).
4.3 You must provide accurate, current and complete information during the registration process and keep your Sport-Planner Account and public Sport-Planner account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Sport-Planner Account unless Sport-Planner authorizes you to do so. You may not assign or otherwise transfer your Sport-Planner Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Sport-Planner Account credentials and may not disclose your credentials to any third party. You must immediately notify Sport-Planner if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Sport-Planner Account. You are liable for any and all activities conducted through your Sport-Planner Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Sport-Planner may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Sport-Planner Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Organizers to add other Members as Co-Organizers to help manage their Events. These features do not require that you share your credentials with any other person. No third party is authorized by Sport-Planner to ask for your credentials, and you shall not request the credentials of another Member.
4.7 In order to act as an Organizer on the Sport-Planner platform, you must have a bank account at a European Bank, with a IBAN number. The bank account number (IBAN) must be correctly filled in the User profile. Attempting to organize an event without having a bank account with an IBAN number and communicating this to Sport-Planner via the profile, is seen as misuse of the platform and misconduct by anybody attempting to do so for whatever reason. Sport-Planner does not acts as a Sales Agent for anybody misusing it’s platform.
5.1 Sport-Planner may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Sport-Planner Platform (“Member Content“); and (ii) access and view Member Content and any content that Sport-Planner itself makes available on or through the Sport-Planner Platform, including proprietary Sport-Planner content and any content licensed or authorized for use by or through Sport-Planner from a third party (“Sport-Planner Content” and together with Member Content, “Collective Content“).
5.2 The Sport-Planner Platform, Sport-Planner Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the Netherlands and other countries. You acknowledge and agree that the Sport-Planner Platform and Sport-Planner Content, including all associated intellectual property rights, are the exclusive property of Sport-Planner and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sport-Planner Platform, Sport-Planner Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Sport-Planner used on or in connection with the Sport-Planner Platform and Sport-Planner Content are trademarks or registered trademarks of Sport-Planner in the Netherlands and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Sport-Planner Platform, Sport-Planner Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Sport-Planner Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sport-Planner or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Sport-Planner grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Sport-Planner Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Sport-Planner Platform, you grant to Sport-Planner a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Sport-Planner Platform, in any media or platform. Unless you provide specific consent, Sport-Planner does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 You are solely responsible for all Member Content that you make available on or through the Sport-Planner Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Sport-Planner Platform or you have all rights, licenses, consents and releases that are necessary to grant to Sport-Planner the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Sport-Planner‘s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates one of Sport-Planner’s terms or policies. Sport-Planner may, without prior notice, remove or disable access to any Member Content that Sport-Planner finds to be in violation of these Terms or Sport-Planner’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Sport-Planner, its Members, third parties, or property.
5.8 Sport-Planner respects copyright law and expects its Members to do the same. If you believe that any content on the Sport-Planner Platform infringes copyrights you own, please notify us.
5.9 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
6.5 Organizers are solely responsible for setting a price (including any Taxes and other costs) for their Event (“Event price”). Once a User books the Event, the Organizer may not request that the User pays a higher price than in the price listed, also not at a later point in time, or outside of the Sport-Planner Platform.
6.2 Sport-Planner charges fees to Organizers (“Service/Agency Fees“) in consideration for the use of the Sport-Planner Platform. More information about which Fees apply and how they are calculated can be found on the Organizer pages on sport-planner.com.
6.3 If possible, any applicable Service/Agency Fees (including any applicable Taxes) will be deducted from the payment to the Organizer after completing an Event. Sport-Planner reserves the right to change the Service/Agency Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.
6.4 The applicable Service/Agency Fees (including any applicable Taxes) are collected by Sport-Planner. If there is no credit payment to deduct the Service/Agency Fees from, for example in case no Events took place yet and the Organizer chose a paid service package, the Organizer is responsible for paying any Service/Agency Fees that they owe to Sport-Planner within ten (10) days by bank transfer. Sport-Planner will deduct any Fees from the payment to Organizers, before the payment to the Organizer, as part of the Agent-Principal relationship. Except as otherwise provided on the Sport-Planner Platform, Fees are non-refundable.
7.1 When creating an Event on the Sport-Planner Platform, the Organizer must (i) provide complete and accurate information about the Organizer Service (such as listing description, location, and timing), (ii) disclose any deficiencies, restrictions (such as specific gender only) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Sport-Planner. The Organizer is responsible for keeping your Listing information up-to-date at all times.
7.2 Pictures, animations or videos (collectively, “Images“) used in your Events must accurately reflect the quality and condition of your Organizer Services. Sport-Planner reserves the right to require that Events have a minimum number of Images of a certain format, size and resolution.
7.3 The placement and ranking of Events in search results on the Sport-Planner Platform may vary and depend on a variety of factors, such as Guest search parameters and preferences, Organizer requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Organizer Service, and/or ease of booking.
7.4 Sport-Planner recommends that Organizers obtain appropriate insurance for their Organizer Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users while participating in your Event or other Organizer Service.
8. Terms specific for Users
8.1 Subject to meeting any requirements (such as completing any verification processes) set by Sport-Planner and/or the Organizer, a User can book an Event available on the Sport-Planner Platform by following the respective booking process. A total price for the Event will be presented prior to booking. The user agrees to pay the total price for any event booked via the Sport-Planner Account. The booking itself does not take place until the total price is added to the bank account of Sport-Planner, or the account of a Payment Service Provider acting as collector of payments in the process.
8.2 Upon booking an Event, a legally binding agreement is formed between the User and Sport-Planner, acting as Agent for the organizer, subject to any additional terms and conditions of the Organizer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Event. Sport-Planner will collect the Total Payment at the time of the booking. If no Payment is collected, the booking should be considered canceled, regardless of any communication via the platform indicating otherwise.
9. Booking Modifications, Cancellations and Refunds
9.1 Users can cancel a booking at any time pursuant to the Event’s cancellation policy, and Sport-Planner Payments will refund the amount of the Total Fees minus the costs made for the processing of the booking by the User, such as, but not restricted to, bank costs, processing fees for payment service providers, etc.
9.3 If an organizer cancels a Listing, the Users that have booked this Event will receive a full refund of the Total Fees for such booking within a commercially reasonable time of the cancellation.
9.4 For all Organizer Services, if inclement weather creates an unsafe or uncomfortable scenario for Users, Organizers may modify or cancel an Organizer Service.
9.5 In certain circumstances, Sport-Planner may decide, in its sole discretion, that it is necessary to cancel a booking and make appropriate refund and payout decisions.
10. Ratings and Reviews
10.1 Within a certain timeframe after completing a booking, Users and Organizers might be able to leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Sport-Planner. Ratings and Reviews are not verified by Sport-Planner for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by Users and Organizers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about themselves or another Member.
10.4 Ratings and Reviews could be part of a Member’s public profile and may also be surfaced elsewhere on the Sport-Planner Platform (such as the Listing page) together with other relevant information such as number of events organized, number of cancellations, average response time and other information.
11. Disputes between Members
Sport-Planner does not bear any responsibility to solve, or aid in solving in whatever manner, disputes between members.
12. Rounding off
Sport-Planner generally supports payment amounts that are payable from or to Users or Organizers to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Sport-Planner’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Sport-Planner may, in its sole discretion, round up or round down amounts that are payable from or to Users or Organizers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Sport-Planner may round up an amount of €21.50 to €22.00, and round down an amount of €21.49 to €21.00.
13.1 As an Organizer you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, income taxes or any other taxes (“Taxes“).
13.2 Tax regulations may require us to collect appropriate Tax information from Organizers, or to withhold Taxes from payouts to Organizers, or both. If an Organizer fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
14. Prohibited Activities
14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Sport-Planner Platform. In connection with your use of the Sport-Planner Platform, you will not and will not assist or enable others to:
• breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• use the Sport-Planner Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Sport-Planner endorsement, partnership or otherwise misleads others as to your affiliation with Sport-Planner;
• use the Sport-Planner Platform in connection with the distribution of unsolicited commercial messages (“spam”);
• discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• use, display, mirror or frame the Sport-Planner Platform or Collective Content, or any individual element within the Sport-Planner Platform, Sport-Planner‘s name, any Sport-Planner trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Sport-Planner Platform, without Sport-Planner‘s express written consent;
• use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Sport-Planner Platform for any purpose;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Sport-Planner or any of Sport-Planner‘s providers or any other third party to protect the Sport-Planner Platform;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Sport-Planner Platform;
• take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Sport-Planner Platform;
• violate or infringe anyone else’s rights or otherwise cause harm to anyone.
14.2 You acknowledge that Sport-Planner has no obligation to monitor the access to or use of the Sport-Planner Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Sport-Planner Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Sport-Planner in good faith, and to provide Sport-Planner with such information and take such actions as may be reasonably requested by Sport-Planner with respect to any investigation undertaken by Sport-Planner or a representative of Sport-Planner regarding the use or abuse of the Sport-Planner Platform.
14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Sport-Planner by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
15. Term and Termination, Suspension and other Measures
15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Sport-Planner terminate the Agreement in accordance with this provision.
15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Sport-Planner Account, any booking(s) will be automatically cancelled and your Users will receive a full refund. If you cancel your Sport-Planner Account as a Guest, any booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
15.3 Without limiting our rights specified below, Sport-Planner may terminate this Agreement and/or stop providing access to the Sport-Planner Platform for convenience at any time by giving you a notice via email to your registered email address.
15.4 In addition, Sport-Planner may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, or other policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Sport-Planner Account registration, Listing process or thereafter, (iv) you and/or your Listings or Organizer Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Sport-Planner otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled bookings or failed to respond to requests without a valid reason, or (vii) Sport-Planner believes in good faith that such action is reasonably necessary to protect the personal safety of Sport-Planner Users, Organizers, Employees, or third parties, or to prevent fraud or other illegal activity:
• refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
• cancel any bookings;
• limit your access to or use of the Sport-Planner Platform;
• temporarily or permanently revoke any special status associated with your Sport-Planner Account;
• permanently suspend your Sport-Planner Account and stop providing access to the Sport-Planner Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Sport-Planner and an opportunity to resolve the issue to Sport-Planner‘s reasonable satisfaction.
15.5 If we take any of the measures described above (i) we may refund Users in full for any and all bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for Listings that were cancelled.
15.6 When this Agreement has been terminated, you are not entitled to a restoration of your Sport-Planner Account or any of your Member Content. If your access to or use of the Sport-Planner Platform has been limited or your Sport-Planner Account has been suspended or this Agreement has been terminated by us, you may not register a new Sport-Planner Account or access and use the Sport-Planner Platform through an Sport-Planner Account of another Member.
15.7 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the Sport-Planner Platform or Collective Content, you do so voluntarily and at your sole risk. The Sport-Planner Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the Sport-Planner Services, laws, rules, or regulations that may be applicable to your Events and/or Organizer Services you are receiving and that you are not relying upon any statement of law or fact made by Sport-Planner relating to an Event.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Events or other Organizer Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events or other Organizer Services. You assume full responsibility for the choices you make before, during and after your participation in an Organizer Service. You agree to release and hold harmless Sport-Planner from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to anybody during an Organizer Service or in any way related to an Organizer Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sport-Planner Platform and Collective Content, your publishing or booking of any Listing via the Sport-Planner Platform, your participation in an Event, or use of any other Organizer Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Sport-Planner nor any other party involved in creating, producing, or delivering the Sport-Planner Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Sport-Planner Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Sport-Planner Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Organizer Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Sport-Planner has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
You agree to release, defend (at Sport-Planner’s option), indemnify, and hold Sport-Planner and its affiliates and subsidiaries harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Sport-Planner Platform or any Sport-Planner Services, (iii) your interaction with any Member, stay at an Accommodation, participation in an Event or other Organzier Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, (iv) Sport-Planner’s Collection and Remittance of Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Sport-Planner Platform (“Feedback“). You may submit Feedback by emailing us, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
20. Applicable Law and Jurisdiction
These Terms will be interpreted in accordance with Dutch law (the Netherlands, European Union).
21. General Provisions
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Sport-Planner and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Sport-Planner and you in relation to the access to and use of the Sport-Planner Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and Sport-Planner as a result of this Agreement or your use of the Sport-Planner Platform, apart from the principal-agent relationship between Sport-Planner and the Organizer on the platform.
21.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
21.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
21.5 Sport-Planner’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
21.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Sport-Planner‘s prior written consent. Sport-Planner may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, without prior notice. Your right to terminate this Agreement at any time remains unaffected.
21.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform via http://ec.europa.eu/consumers/odr. Please note that Sport-Planner is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
21.9 If you have any questions about these Terms please email us