General Terms and Conditions of Business (GTC) concerning Utilisation of the Internet Platform www.gotcourts.com
Last amendment on 7 September 2015
A. GENERAL PROVISIONS
I. Concerning GotCourts
1. What is GotCourts and what the object of its rendered performances?
GotCourts is an internet-based booking platform with the domain name www.gotcourts.com, also available in the form of an App (iOS and Android) that accesses the GotCourts data. Subject to statutory provisions, this facilitates the booking of sports courts and further services over the internet. GotCourts is owned by GotCourts AG (hereinafter called “the Operator”), a company with registered domicile in Schlieren, entered in the Commercial Register of the Canton of Zurich with the company number CHE-146.281.531.
2. What does GotCourts offer?
For players GotCourts offers the simple, search and booking across Sports Facilities of available sports courts and further services.
GotCourts is a management software program tailored for Sports Facilities (hereinafter called “Sports Facilities”) which can be used for simple and clearly-structured management purposes.
3. Structure of the GTC
Figs. 1 to 35 of these GTC contain general provisions that are applicable to all Users (Players and Sports Facilities) of GotCourts. Figs. 36 to 42 contain specific provisions for Players, while Figs. 43 to 55 contain specific detailed provisions that are applicable exclusively to Sports Facilities. The special provisions from Fig. 36 onwards have priority over the general provisions.
4. Gender neutral wording
Where applicable, in order to simplify the language used in the GTC and the data protection and data security provisions (hereinafter called “DSP”), gender-neutral wording has been used.
II. Contractual relationship, applicable law and place of jurisdiction
5. Legal principles
The Operator renders its entire services, insofar as these are available to Players and Sports Facilities (Users), exclusively on the basis of its GTC. Users confirm in particular by expressly recognising the GTC during the registration procedure, as well as by means of every further utilisation of GotCourts, that they acknowledge the content of these GTC including the DSP, have read these and have comprehensively approved their applicability.
6. Applicable law
The contractual relationship between the Operator and the User is subject exclusively to substantive Swiss law to the exclusion of international treaties, in particular the United Nations convention on Contracts for the International Sale of Goods (Vienna 1980).
7. Place of jurisdiction
All disputes and claims arising out of or associated with the contractual relationship between the Operator and the User, including its validity, invalidity, violation and dissolution shall, subject to any possible mandatory statutory place of jurisdiction, be settled exclusively by the Commercial Court of the Canton of Zurich.
III. Registration procedures and applicability of the GTC and DSP
Registration with GotCourts enables the User to use the platform together with all available functions. Persons aged below 18 are not permitted to use the platform without the consent of their parents.
9. Acceptance of the GTC as precondition for utilisation
Users who do not agree to the applicability of the GTC are prohibited from using GotCourts. Reference is made to Fig. 5.
10. Deviating GTC
Under no circumstances shall different GTC that deviate from the present GTC be part of the agreement concluded with the Operator, and shall consequently also not be deemed to be valid. This consequently means the Operator does not have to expressly contradict any such conditions.
11. Amendment of the GTC
The Operator reserves the right to amend, adjust, supplement or remove its GTC at any time. The current version of the GTC shall be published on GotCourts. Amendments of the GTC shall be announced to Users by e-mail or by means of a system message on GotCourts, together with the appeal either to accept the amended GTC with effect for the future or to reject these. If the User fails to respond, this shall be deemed to constitute a tacit approval of the amended GTC. A rejection shall trigger the consequences described in Fig. 9.
12. Data protection and data security
Insofar as these GTC do not expressly stipulate otherwise, the GTC shall be applicable to the utilisation of GotCourts in the respective valid version published on GotCourts. The DSP in their respective valid version constitute an integral part of the GTC, and any amendment of the DSP shall be analogously subject to Fig. 11 above.
IV. The availability of GotCourts
Users acknowledge that a 100% availability of GotCourts cannot be technically realised. In particular maintenance works, security improvements or capacity problems as well as events that are beyond the control of the Operator (such as e.g. disruptions of public communications networks, power cuts etc.), may lead to disruptions or temporary discontinuation of GotCourts.
14. Liability for availability
In respect of liability for the availability of GotCourts, reference is made to Fig. 23 ff.
V. Copyrights, trademark rights and other proprietary rights
15. Proprietary rights in detail
All rights to the information, elements and content of GotCourts (with the exception of the information, elements and content pursuant to Fig. 17 below), including the trademark rights, copyrights and other proprietary rights, are either the property of the Operator or constitute utilisation rights granted to the Operator by third parties.
16. Utilisation of these rights
Unless otherwise expressly agreed by the Operator in writing in advance, reproductions, transmissions, amendments and/or links of information, elements and content of GotCourts for public and/or commercial purposes in any form are expressly prohibited.
17. User data
With the provision of data and/or information on GotCourts, Users grant the Operator the right to process and to use this in all ways that are described in the DSP. The Operator shall not acquire rights that extend beyond this.
VI. Contractual rights and obligations
18. Right of utilisation of the User
Subject to adherence to these GTC, the Operator grants the User the limited, non-exclusive, indefinite right to use GotCourts together with the offered services. This right granted by the Operator does not constitute any entitlement of the User to version improvements, updates or warranty of the availability of GotCourts.
19. Proper utilisation
Any improper utilisation or exploitation of the GotCourts websites or databases is not permitted. This applies in particular to the gathering and storage of data from the databases that have not been approved by the Operator in writing.
20. Correct entry of profile data
Users undertake to submit the profile data they enter or make available correctly and to keep this updated. They shall be liable for the accuracy and content of the data they make available, and shall in this respect indemnify and hold the Operator harmless.
21. Impairment of the functionality of GotCourts
Users must refrain from all actions that could impair the functionality of GotCourts, and in particular may not overload this. Actions that breach network or system security, or aim to do this, are likewise prohibited (e.g. implanting a virus) and shall be prosecuted under civil and criminal law.
22. Transfer to third parties
The Operator is entitled to assign the fulfilment of its contractual obligations wholly or in part to third parties.
VII. Liability and warranty exclusion
23. General liability exclusion, insofar as permitted by law
The liability of the Operator as well as of its managing officers, representatives or vicarious agents for direct and indirect damages, in particular on the grounds of unauthorised actions and breaches of contractual obligations, is excluded insofar as this is permitted by law.
This also applies in particular to the cases listed below in Figs. 24 to 29.
24. Impairment, availability and absence of errors in GotCourts
Any possible liability of the Operator for the impairment of the utilisation of GotCourts, irrespective of the legal grounds, shall be excluded to the extent that this is permitted by law. The Operator shall not warrant either the uninterrupted or continued availability of GotCourts, or its absence of errors.
25. Exclusion of warranty and liability for the accuracy of the User profiles
The Operator shall not accept any warranty for the accuracy of the profiles of the Users.
26. No liability of outstanding payments of players
The Operator shall not be liable for outstanding payments from Players for bookings of Sports Facilities that make their courts available for payment.
Users are responsible for the security of the password they use on the platform. Insofar as the Operator does not negligently disclose the password of Users to a third party, the Operator shall not be liable for unauthorised transactions.
28. Transmission of data
The transmission of data over the internet is not wholly secure. Although the Operator takes reasonable measures to protect User information, it cannot provide any guarantee for the security of the data. Any transmission of data shall be performed at own risk.
The Operator is not liable for computer viruses, worms, Trojans or other malware that has been introduced by Users.
30. Legal and statutory violations by Users
Users shall indemnify the Operator in respect of all detriments that they cause other Users or third parties by violating their rights or by unlawful acts or by breaching these GTC. This indemnification also covers the necessary cost of legal enforcement. In addition, Users shall be obliged to provide all information pertaining to the respective matter if a third party takes legal action against the Operator.Users shall indemnify the Operator in respect of all detriments that they cause other Users or third parties by violating their rights or by unlawful acts or by breaching these GTC. This indemnification also covers the necessary cost of legal enforcement. In addition, Users shall be obliged to provide all information pertaining to the respective matter if a third party takes legal action against the Operator.
VIII Contractual termination
31. Ordinary termination
See below under B. and C.
The Operator is entitled to terminate the contractual relationship at any time for good cause, without adhering to a period of notice. Good cause shall be established if the continuation of the contractual relationship is unreasonable for the Operator within the context of the specific circumstances. Following the termination, all direct and indirect claims against the Operator shall lapse.
33. Changing and discontinuing the service
The business activities of the Operator may change over time, and the Operator reserves the right to change the GotCourts service. The Operator also reserves the right to suspend or to discontinue the GotCourts service or its utilisation wholly or in part. If the Operator exercises this right, Users may be entitled to reimbursement if they have paid a fee for the GotCourts service. Claims for compensation shall be comprehensively excluded.
IX Contractual amendments and severability clause
34. Contractual amendments
All agreements that extend beyond these GTC (amendments, supplements, collateral agreements etc.) with the Operator must be made in writing in order to be valid.
35. Severability clause
If any of the individual provisions contained in these GTC are wholly or partially invalid, this shall not affect the validity of the remaining provisions. The Operator shall if necessary cause any possible invalid or void provisions to be replaced as quickly as possible by new provisions that approximate as closely as possible to the replaced provisions.
B. Additional provisions for Players
36. Utilisation entitlement
Utilisation of the GotCourts platform is free of charge for Players. Players shall receive a revocable, non-exclusive, non-transferrable, non-sublicensable right to use the platform of the Operator free of charge in the manner that it has been made available to them. Services offered on the platform that incur charges shall be designated accordingly.
37. Registration procedures
Players shall register with GotCourts via their private e-mail addresses or using other registration processes offered by the Operator.
38. Reservation fee and payment
Depending upon the particular Sports Facility, the booking of the court shall be possible only in return for payment of the applicable fee. By booking the court the Player accepts the respective prices that have been announced or recorded in the system as well as any possible applicable club rules of the respective Sports Facility. For this reason we draw the attention of Users to the need to place bookings with care and to check these before definitively sending them off. Payment shall be performed in accordance with the respective rules of the Sports Facility and the options that are made available by the Operator, including online payment via partner companies like Stripe. The Operator is not a party to this agreement, but instead acts merely as a broker.
39. Confirming the reservation
Once the reservation has been submitted, the Player shall receive a confirmation by e-mail or other method used by the system.
40. Deletion of reservations
The Player recognises that in respect of the deletion of reservations for court bookings, the rules communicated by the respective Sports Facility are applicable. These shall be communicated by the Sports Facility in a suitable form. We call upon Players to pay careful attention to these rules.
41. Quality and price of the Sports Facility
If the Player is not satisfied with the quality and the price of the service of the Sports Facility, then any possible claims must be brought by the Player directly against the Sports Facility. The Operator shall not perform any reimbursements and is not liable for any such claims brought by Players. All claims must be brought directly and exclusively against the Sports Facility.
42. Account deactivation
The deactivation of a GotCourts account is free of charge and may be performed by sending an e-mail to email@example.com. With the deactivation of the account the contractual relationship between the Operator and the Player shall end.
C. Supplementary provisions for Sports Facilities
43. How Sports Facilities can use GotCourts
The service is available using the onboarding/subscription procedure of GotCourts. Please contact the Operator via e-mail under firstname.lastname@example.org or via the GotCourts website if you do have any questions. We will contact you immediately.
44. Right of utilisation for Sports Facilities
Using the GotCourts service, the Sport Facility shall be granted a revocable, non-exclusive, non-transferrable, non-sublicensable right to use the platform of the Operator, in the form that it is made available, in return for a fee.
The royalty includes the following scope of support services provided by the Operator:
- support via e-mail to email@example.com, Mon. – Sun., 8 a.m. to 6 p.m.;
- support via telephone under the support hotline of the Operator, Mon.-Fri., 8 a.m. to 6 p.m.;
The Operator shall endeavour to ensure that support enquiries are answered as quickly as possible and in accordance with the principle of urgency. If the Operator requires more than 48 hours to respond to support enquiries, it shall contact the respective Sports Facility in advance.
In respect of other support services, such as in particular on-site support at the Sports Facility, the Operator shall charge an hourly rate that shall be agreed between the Parties.
46. Royalty and payment
Sports Facilities shall be charged a fee to use GotCourts. Sports Facilities shall pay a recurring royalty in respect of each court that is placed on GotCourts. We refer to our current price list published on our website.
47. Transaction fee
The Operator shall charge a transaction fee per booking on court bookings made independently by players (not made by Operator) at the Sports Facility through remuneration. The fee shall be 5% on the remuneration paid.
48. Further costs for the Sports Facility
The Operator reserves the right to expand the GotCourts service and to demand a price for special services that can be applied optionally by the Sports Facility.
49. Payment procedures
The Operator shall issue an invoice for its services, whether by means of online-payment, e-mail, fax or using the postal service. As far as an invoice is sent, the invoices must be settled within 30 days of the invoice date. The Sports Facility expressly agrees to the forwarding of invoices by e-mail.
50. Appeal brought against the invoice of the Operator
If third parties bring an appeal against the Sports Facility, then this shall not in any way provide grounds to withhold contractually agreed payments from the Operator. Offsetting against counterclaims or the retention of payments by the Sports Facility is excluded and prohibited in all cases.
Appeals against the invoice of the Operator must be raised at the latest within 14 days following receipt, specifying the grounds. If no appeal is brought, it shall be deemed to have been approved.
51. Payment default
If the payment by the Sports Facility is not performed within the payment period, then the Licensor shall be entitled to withdraw the service from the Sports Facility without delay. A formal warning shall not be required.
52. Adherence to the statutory provisions
The Sports Facility undertakes to adhere to all statutory data protection provisions and statutory privacy provisions. It shall indemnify and hold the Operator harmless, insofar as claims are brought against it on the grounds of legal breaches committed by the Sports Facility.
53. Price structure and deletion procedures
The Sports Facility undertakes to communicate its price structure for court bookings as well as the deletion procedures to players clearly. They have sole responsibility for the accuracy of the details; any liability on the part of the Operator is excluded.
54. Duration of the Agreement and period of notice
An ordinary termination of the Agreement is possible as at the end of the term of the first court(s) added against payment, subject to a 6-month period of notice. The term is one year.
Other court(s) added during the term by the Sports Facility against payment will run for the same period as the first court(s) added and the termination provisions of the first court(s) added shall be applicable.
55. Termination without notice
If the Sports Facility breaches these GTC, then the Operator shall at all times be entitled to block access and/or to terminate the business relationship with immediate effect.