“Terms of Use” – PadelCity

General

The use of the platforms of “The Padel Group GmbH” (hereinafter: “PadelCity”, “operator”, “we”, “us”, “our”) under the URL www.padelcity.de, including all subdomains, as well as the “PadelCity” app (hereinafter: “Service”) is subject to these terms of use. They contain the final conditions that apply between PadelCity and the user (hereinafter: “user”, “you”, “your”) for the service we offer. Deviating regulations from these terms of use shall only apply if confirmed by us in writing. By registering or accessing our service, you agree to the application of these terms of use.

Services

Our service offers registered users a variety of functions. Among other things, we provide you with access to our database, community, online shop, and other content, enabling you to contact other users to build a team, obtain results and information on Padel news, as well as purchase sports goods.
The right to use the service exists only within the current state of the art. We reserve the right to temporarily restrict our services if necessary with respect to capacity limits, server security or integrity, or to carry out technical measures, and this serves the proper or improved provision of services (maintenance work). In such cases, we take into account the legitimate interests of the users, such as by providing advance notice.
For the provision of all software and hardware (especially end devices, internet connection, compatible web browser software) required for accessing or using our service, the user is solely responsible. The user also agrees that downloading and installing additional software (such as plug-ins, applications) may be necessary to access certain content within our service.
We reserve the right to change or expand the content and structure of the service as well as the associated user interfaces if this does not or only insignificantly impairs the purpose of use. We will inform the users about the changes accordingly.

Authorization for use and registration

Anyone interested has the opportunity to register for the use of the service at the URL www.padelcity.de and create their own profile (including photos). By registering, you agree that the profile picture will be cached at PadelCity (and therefore may not reflect your current profile picture).
After your profile has been activated, you have access to all functions of the service, and a contract for the use of the service (hereinafter referred to as the “User Agreement”) is concluded between us and you. There is no entitlement to activation or conclusion of a User Agreement.
Only fully legally capable natural persons are eligible to register.
The data requested by PadelCity during registration must be complete and correct and must be updated in case of changes.
Each user may only open one user account. The right to use the service resulting from a user account is not transferable to third parties. The user account may not be made available to another person or used in the name of or on behalf of another person. The login and password must be kept confidential and protected against unauthorized access by third parties. If there is suspicion of misuse by a third party, the user is obliged to inform PadelCity immediately. Once we become aware of unauthorized use, we will block the access of the unauthorized user. PadelCity reserves the right to change a user’s login and password; in such a case, we will inform the user immediately. Users are generally liable for all activities carried out using their user account, unless the user is not responsible for the misuse of their user account because a violation of existing duty of care does not exist.
PadelCity is entitled to revoke or block a user’s access to the service if there is reasonable suspicion that the user has violated these terms of use. The user can avoid these measures by providing appropriate evidence at their own expense to refute the suspicion.
We only conduct limited checks on the data provided during registration, as the identification of individuals on the internet is only possible to a limited extent. Despite various security measures, it is therefore not impossible that false contact details have been provided for a user account or that they have changed in the meantime. We also do not verify whether the stated level of play and experience of the respective user is true.

Creation and participation in the “Padel Community”

Users have the option to create “Padel Leagues” and invite selected users to participate in the league based on individual criteria.
The league you create will remain visible to other interested parties until you remove it.
The organization and implementation, in particular the booking of a Padel court, individual games within the “Padel League” is the responsibility of the respective participants, their playing partners, and possibly the organizer of the league itself. PadelCity only provides technical organization of the league through the service. We do not provide any guarantee or liability for the implementation of games arranged through our service. PadelCity has no obligation to ensure the fulfillment of games arranged between users.

User Obligations

It is your responsibility to ensure that your information provided during the registration process or when uploading any content of any kind is truthful, lawful, and does not infringe on the rights of any third party. The information and any accompanying images must relate exclusively to your own content. Advertising for services offered outside of the Service is generally not allowed. The use of quality seals, trademarks, or other symbols of third parties is not permitted without prior consent from PadelCity. We reserve the right to review the content and delete any violations of these terms of use.
The creation of a “Padel League,” uploading of content, or setting of links must not occur if:

The information is so incomplete that the actual subject of the uploaded content cannot be determined;
The content would violate legal regulations, official orders, morals, or the rights of third parties, including pornographic or youth-endangering articles, weapons, drugs, propaganda material of unconstitutional organizations and parties, live animals, etc. PadelCity is entitled to immediately remove such content.

Users may not use names, addresses, email addresses, and other contact information obtained through our Service for any purpose other than the intended purpose of the Service. In particular, it is prohibited to resell this data or use it for advertising unless the respective user has expressly agreed or not objected according to the applicable legal provisions.
The user undertakes to refrain from taking any measures that may endanger or disrupt the functioning of our Service. Furthermore, they must ensure that the information transmitted and uploaded data are not infected with viruses, worms, or Trojan horses.

Fees

Registration and use of the Service itself, including access to the database and the search function for game partnerships, are free of charge for the user. Participation in “Padel Leagues” is chargeable for the organizer and/or for each interested participant, depending on the payment mode.
The amount of the participation fee (entry fee) and payment terms will be announced during the registration process or with the acceptance of your registration in the confirmation of participation. If you do not pay the entry fee within one week after receiving your confirmation of participation, we are entitled to cancel your participation. We will inform you separately in the confirmation of participation about the consequences of not paying the entry fee on time.

Liability of PadelCity

The liability of PadelCity for defects in material and/or legal rights, as well as any claims for damages arising from the use of our service, shall be governed by the applicable legal provisions. Participation in events arranged through the service is at the participant’s own risk, and each participant is obliged to assess their own health conditions to determine their suitability for participation in the relevant event, if necessary after consultation with a doctor. Furthermore, the following provisions apply – insofar as we provide additional services beyond the provision of the service, in particular within the scope of our events:
In cases of intent or gross negligence, explicit guarantee, mandatory legal liability or injury to life, body or health, we shall be liable without limitation for damages resulting from the breach of duty. For slight negligence, we shall only be liable in the event of a breach of a fundamental contractual obligation. Fundamental contractual obligations are obligations which we are obliged to perform under the content and purpose of the user agreement and its supplements, the fulfillment of which enables the proper performance of the user agreement and which you regularly trust and are entitled to rely on. In particular, but not exclusively, contractual essential obligations of the user agreement include enabling the provision of a user profile to offer oneself as a playing partner and to find other playing partners through the service. The technical uninterrupted availability of the service is not a fundamental contractual obligation of the user agreement. These limitations of liability also apply to the benefit of the legal representatives and agents of PadelCity.
Insofar as the service provides the possibility of forwarding to third-party databases, websites, services, etc., for example by setting links or hyperlinks, PadelCity shall not be liable for accessibility, existence or security of these databases or services, nor for their content. In particular, we shall not be liable for their legality, accuracy, completeness, topicality, etc.
In the context of events organized by PadelCity, our instructions, guidelines and directives must be strictly followed. In case of violations that disrupt the proper course of the event or endanger the safety of the participants, we are entitled to immediately exclude the respective participant from the event and/or disqualify them.

Indemnification

The user shall indemnify PadelCity against all claims that third parties may make against us due to the infringement of their rights or due to legal violations resulting from the content uploaded by the user, if the user is responsible for this. The user shall also bear the costs of defending PadelCity, including all court and attorney’s fees. In the event of a claim by a third party, the user is obliged to provide PadelCity immediately, truthfully and completely with all information necessary for the examination of the claim and for a defense.

Final Provisions

A partial or complete transfer of the user’s rights to third parties is excluded. PadelCity is entitled to transfer its rights and obligations from this contractual relationship to a third party, in whole or in part, with four weeks’ notice.
We reserve the right to change these terms and conditions at any time without giving reasons. The amended conditions will be sent to users by email at the latest six weeks before they come into effect. If a user does not object to the validity of the new terms and conditions within six weeks of receiving the email, the amended terms and conditions will be deemed accepted. PadelCity will separately inform the user in the email containing the amended conditions of the possibility of objection and the significance of the deadline.
All declarations made in connection with the usage contract concluded with PadelCity must be made in writing or by email.
The law of the Federal Republic of Germany shall apply, with the exclusion of the UN Sales Convention. For users who are merchants within the meaning of the German Commercial Code, a public-law special fund or a public-law corporation, Munich shall be the exclusive place of jurisdiction for all disputes arising from the usage contract and these terms and conditions.
For users who are consumers, there is a place of jurisdiction at the user’s place of residence. For all disputes arising from the usage contract and these terms and conditions, additional place of jurisdiction for consumers residing in Germany is Munich.
If individual provisions of these terms and conditions are or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid provision shall be deemed replaced by one that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any regulatory gaps. In all other respects, unless otherwise agreed, the statutory provisions shall apply.