Booking terms and conditions
Last updated: 15th February 2013
OPENPLAY Ltd (referred to as “OpenPlay”, “we”, “us” or “our”) provides an online platform that connects sports facilities to their customers (the “Services”). The Services are accessible at www.openplay.co.uk and any other websites or mobile applications through which OpenPlay makes the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by these terms and conditions (the “Terms”), whether or not you become a registered member of the Site.
The Site and Services comprise an online platform through which a Sports Facility (defined below) may create Listings (defined below) for Sports Facility Space (defined below) and Customers (defined below) may learn about and book Sports Facilities. You understand and agree that OpenPlay is not a party to any agreements entered into between Sports Facilities and Customers, nor is OpenPlay a Sports Facility broker, agent or insurer. OpenPlay has no control over the conduct of Sports Facilities, Customers and other users of the Site and Services or any Listings and disclaims all liability in this regard.
- Key Terms
"Sports Facility Operator" means a Member or Members who creates a Listing(s) via the Site and Services.
"Listing" means a Sports Facility that is listed by a Member as available to Customers via the Site and Services, together with any associated OpenPlay Account profile page of such a Sports Facility.
"Member" means a person who completes OpenPlay’s account registration process, including, but not limited to Sports Facilities and Customers, as described under "Account Registration" below.
"Member Content" means all text, graphics, images, music, software, audio, video, information or other materials that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
"Customer" means a Member who books a Listing via the Site or Services, or a Member who attends a Listing and is not the Sports Facility Operator for such a Listing.
"Site Content" means all OpenPlay Content and all Member Content.
"Tax" or "Taxes" means any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
"OpenPlay Content" means all text, graphics, images, music, software, audio, video, information or other materials that OpenPlay makes available through the Site or Services, including any content licensed from a third party, but excluding Member Content.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Site Content.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site, or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Site Content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
OpenPlay reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the last updated date at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, or by registering as a Member, you represent and warrant that you are 16 or older.
- How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of Sports Facilities. Such Sports Facilities are included in Listings on the Site and Services by Sports Facility Operators. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book a Sports Facility or create a Listing, you must first register to create an OpenPlay Account (defined below).
As stated above, OpenPlay makes available a platform or marketplace with related technology for Sports Facilities and Customers to meet online and arrange for bookings of Sports Facilities. OpenPlay is not a provider of Sports Facilities, including, but not limited to, tennis courts, golf courses, squash courts, halls, gymnasiums, swimming pools or other leisure facilities and OpenPlay does not own, sell, re-sell, provide, rent, re-rent, manage and/or control sports equipment, including, but not limited to, rackets, clubs, skis, bats, balls and boats, nor does it provide transportation, lodging or other travel services. Similarly, OpenPlay is not a contracting agent or representative of any Sports Facility. Instead, OpenPlay’s role is solely to facilitate the availability of the Site and Services for Members and to provide services related thereto.
Please note that, as stated above, the Site and Services are intended to be used to simplify the booking of Sports Facilities. OpenPlay does not control the Member content contained in any Listings and the condition, legality or suitability of any Sports Facility. OpenPlay is not responsible for and disclaims any and all liability related to any and all Listings and Sports Facilities. Accordingly, any bookings will be made at the Member’s own risk.
- Account Registration
In order to access certain features of the Site, and to book Sports Facilities or create a Listing, you must register to create an account ("OpenPlay Account") and become a Member. You may register to join the Services directly via the Site or as described in this section.
You can also join by logging into your account with certain third party social networking sites (including, but not limited to Facebook and Twitter); each such account, a "Social Network Account", via our Site, as described below. As part of the functionality of the Site and Services, you may link your OpenPlay Account with Social Network Accounts, by either: (i) providing your Social Network Account login information to OpenPlay through the Site or Services; or (ii) allowing OpenPlay to access your Social Network Account, as is permitted under the applicable terms and conditions that govern your use of each Social Network Account. You represent that you are entitled to disclose your Social Network Account login information to OpenPlay and/or grant OpenPlay access to your Social Network Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Social Network Account and without obligating OpenPlay to pay any fees or making OpenPlay subject to any usage limitations imposed by such third party service providers.
By granting OpenPlay access to any Social Network Accounts, you understand that OpenPlay will access, make available and store (if applicable) any text, graphics, images, music, software, audio, video, information or other materials that you have provided to and stored in your Social Network Account ("Social Network Content") so that it is available on and through the Site and Services via your OpenPlay Account and OpenPlay Account profile page. Unless otherwise specified in these Terms, all Social Network Content, if any, shall be considered to be Member Content for all purposes of these Terms. Depending on the Social Network Accounts you choose and subject to the privacy settings that you have set in such Social Network Accounts, personally identifiable information that you post to your Social Network Accounts will be available on and through your OpenPlay Account on the Site and Services. Please note that if a Social Network Account or associated service becomes unavailable or OpenPlay’s access to such Social Network Account is terminated by the third party service provider, then Social Network Content will no longer be available on and through the Site and Services.
Please note that your relationship with the third party service providers associated with your Social Network Accounts is governed solely by your agreement(s) with such third party service providers.
OpenPlay makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and OpenPlay is not responsible for any Social Network Content.
We will create your OpenPlay Account and your OpenPlay Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via a Social Network as described above. You may not have more than one (1) active OpenPlay Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OpenPlay reserves the right to suspend or terminate your OpenPlay Account and your access to the Site and Services if you create more than one (1) OpenPlay Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OpenPlay Account, whether or not you have authorised such activities or actions. You will immediately notify OpenPlay of any unauthorised use of your OpenPlay Account.
- Sports Facility Listings
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Sports Facilities to be listed, including, but not limited to, the location, capacity, duration, features, availability of the Sports Facility, pricing and related rules and financial terms. In order to be featured in Listings via the Site and Services, you must provide your full name and email address. Listings will be made publicly available via the Site and Services. Other Members will be able to find your Sports Facility via the Site and Services based upon the information provided in your Listing and book your Sports Facility if you have selected that option. You understand and agree that once a Customer books your Sports Facility, the price for such a booking may not be increased.
You acknowledge and agree that you are solely responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Customer attendance at, any Sports Facility in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Sports Facility included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that OpenPlay assumes no responsibility for an Sports Facility’s compliance with any applicable laws, rules and regulations.
You understand and agree that OpenPlay does not act as an insurer or as a contracting agent for, or representative of, you as a Sports Facility, and if a Customer books your Listing and attends your Sports Facility, any agreement you enter into with such a Customer is between you and the Customer and OpenPlay is not a party thereto. Please note that OpenPlay reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OpenPlay, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You acknowledge and agree that, as a Sports Facility, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who instruct at or are otherwise present at the Sports Facility at your request or invitation, excluding the Customer (and the individuals the Customer invites to join the booking at the Sports Facility, if applicable.)
OpenPlay recommends that Sports Facilities and Customers obtain appropriate insurance for their Sports Facility uses. Please review any insurance policy that you may have for your Sports Facility carefully, and in particular please 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 Sports Facilities and Customers (and the individuals the Customer invites to join the Sports Facility, if applicable) while attending your Sports Facility.
- No Endorsement
OpenPlay does not endorse any Members or any Sports Facility. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity (though our third party payment providers may do so) or whether they have the required or appropriate insurances, qualifications or experience to provide or attend a Sports Facility. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from OpenPlay with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
- Bookings and Financial Terms
For Sports Facilities:
If you are a Sports Facility and a booking for your Sports Facility is made via the Site and Services, you will be asked to carry out this booking as per this Terms and Conditions. When a booking is made via the Site and Services, we will share with you (i) the email of the Customer who has requested the booking, if applicable (ii) the emails of any individuals the Customer invites to join the booking if they are available and if applicable (ii) a link to the Customer’s OpenPlay Profile page so that you can view such information.
When you and the Customer have a confirmed booking, OpenPlay will send you an email or message via the Site confirming such a booking.
The “Total Fees” displayed in each Listing are comprised of the Sports Facility Fees (defined below) and the Service Fees (defined below). Note that it is the Sports Facility and not OpenPlay which determines the Total Fees. OpenPlay charges a fee to Sports Facilities as a percentage of the applicable Total Fees to cover OpenPlay’s costs to maintain, develop the Site and Services and process any payments via the Site and Services plus any applicable Taxes (the "Service Fees"). Service Fees are non-refundable.
At the time of a booking, OpenPlay or its third party payment provider will collect the Total Fees prior to the Sports Facility booking taking place and will remit the Total Fees less the Service Fees (the “Sports Facility Booking Fees”) to the Sports Facility in a commercially reasonable time after the Customer finishes their Sports Facility booking.
Balances may be remitted to Sports Facilities via PayPal, direct deposit or other payment methods described on the Site. Please note that for any payments by OpenPlay in currencies other than British pounds, OpenPlay may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site.
Please note that OpenPlay does not currently charge fees for the creation of Listings. However, you acknowledge and agree that OpenPlay reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that OpenPlay will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
The Sports Facilities, not OpenPlay, are solely responsible for honouring any confirmed bookings and making available any Sports Facility space reserved through the Site and Services. If you, as a Customer, choose to enter into a transaction with a Sports Facility for the booking of Sports Facility Space, you agree and understand that you will be required to enter into an agreement with the Sports Facility and you agree to accept any terms, conditions, rules and restrictions associated with such Sports Facility Space imposed by the Sports Facility. You acknowledge and agree that you, and not OpenPlay, will be responsible for performing the obligations of any such agreements, and OpenPlay is not a party to such agreements and disclaims all liability arising from or related to any such agreements.
Listings for Sports Facility Space will specify the Total Fees. If a booking is cancelled by the applicable Sports Facility the OpenPlay Cancellation Policy will apply and depending on when the cancellation is made, you may be generated a voucher code up to the same value of the booking. However for any refunds, this will need to be administered by the Sports Facility at their discretion, OpenPlay have no influence or liability for the actions of the Sports Facility in this instance.
You agree to pay OpenPlay for the Total Fees for any booking in connection with your OpenPlay Account if such bookings are confirmed with the applicable Sports Facility. You understand and agree that once OpenPlay receives confirmation of your booking from the applicable Sports Facility, OpenPlay may collect the Total Fees from the time the booking is confirmed in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that OpenPlay cannot control any fees that may be charged to a Customer by his or her bank related to OpenPlay’s collection of the Total Fees, and OpenPlay disclaims all liability in this regard.
In consideration for providing the Services, OpenPlay collects Service Fees. Where applicable, Taxes may also be charged in addition to the Service Fees. Service Fees are deducted from the Total Fees before remitting the Booking Fees to the Sports Facility after the booking commences.
- Cancellation and Refunds
If, as a Customer, you cancel your booking made via the Site more than 48 hours before it is due to, OpenPlay will automatically issue you a voucher code to the value (and no more) of the Total Fees collected. If, as a Customer you cancel a confirmed booking made via the Site and Services less than 48 hours the booking is due to begin, then the cancellation policy will apply and the Sports Facility may be entitled to retain up to the full value of the Sports Facility Booking Fees. Service Fees are non-refundable. However a Sports Facility can issue you a refund at their discretion and you will need to contact them directly if you believe that this should be applied. However as per these Terms, they are under no obligation to do so.
If a Sports Facility cancels a confirmed booking made via the Site and Services, OpenPlay will automatically issue the Customer with a voucher code to the value of the Total Fees for such a booking to the applicable Customer within a commercially reasonable time of the cancellation. A Sports Facility may cancel a confirmed booking made via the Site and Services and offer an alternative date or time for the Listing to the Customer. If the Customer receives an alternative date and time for the Listing within a period of 48 hours of receiving the cancellation notification, then the Customer agrees to pay OpenPlay the Total Fees relating to the confirmed booking for the Sports Facility in the alternative booking, in accordance with these Terms. Service Fees are non-refundable.
If a Sports Facility does not honour the Sports Facility Booking and you, as a Customer, have not received any communication from the Sports Facility or OpenPlay, or if you have any other issues, please contact OpenPlay at firstname.lastname@example.org within 48 hours of when the Sports Facility booking was due to take place.
If a Sports Facility has cancelled a confirmed booking and you, as a Customer, have not received a refund or an email or other communication from OpenPlay, please contact OpenPlay at email@example.com
If you are hiring out your sports facility with OpenPlay, you are responsible for determining whether any Tax is chargeable and for collecting these taxes. This means in general that you should include any tax in the price you list with us for use of your sports facility. OpenPlay are responsible only for any VAT payable on the commission we charge. OpenPlay does not pay any taxes on behalf of the users of the service. Users are solely liable for any taxes resulting from any hire agreement or use of our Site and Services. Whether you are a business entity or an individual you agree that you are solely responsible to determine what taxes, if any, apply to you and to pay such taxes. OpenPlay recommends that you seek advice from a tax professional.
- Member Conduct
In connection with your use of our Site and Services, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to sports Facilities;
- "stalk" or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an OpenPlay Customer or Sports Facility;
- offer, as a Sports Facility, any Sports Facilities that you do not yourself provide or have permission to provide (without limiting the foregoing, you will not list Sports Facilities as a Sports Facility if you are serving in the capacity of a listing agent for a third party);
- offer, as a Sports Facility, any Sports Facilities that may not be provided pursuant to the terms and conditions of an agreement with a third party;
- offer, as a Sports Facility, any Sports Facilities that may not be provided pursuant to any applicable law or regulation or that would give rise to any civil liability;
- register for more than one OpenPlay Account or register for an OpenPlay Account on behalf of an individual other than yourself;
- contact a Sports Facility for any purpose other than asking a question related to a booking, such Sports Facility Booking or Listings;
- contact a Sports Facility for any purpose other than asking a question related to a booking or such Customer’s use of the Site and Services;
- when acting as a Customer or otherwise, recruit or otherwise solicit any Sports Facility or other Member to join third party services or websites that are competitive to OpenPlay, without OpenPlay’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services;
- use the Site and Services to find a Sports Facility or Customer and then complete a booking of a Sports Facility transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to OpenPlay’s provision of the Services;
- as an Sports Facility, submit any Listing with false or misleading information, or submit any Listing with a price that you do not intend to honour; or
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, or any individual element within the Site or Services, OpenPlay’s name, any OpenPlay trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OpenPlay’s express written consent;
- access, tamper with, or use non-public areas of the Site, OpenPlay’s computer systems, or the technical delivery systems of OpenPlay’s providers;
- attempt to probe, scan, or test the vulnerability of any OpenPlay system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OpenPlay or any of OpenPlay’s providers or any other third party (including another user) to protect the Site, Services or Site Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Site Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Site Content; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
OpenPlay will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OpenPlay may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that OpenPlay has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OpenPlay reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that OpenPlay, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Site Content are protected by copyright, trademark, and other laws of England and Wales and foreign countries. You acknowledge and agree that the Site, Services and Site Content, including all associated intellectual property rights is the exclusive property of OpenPlay and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.
- OpenPlay Content and Member Content Licence
Subject to your compliance with these Terms, OpenPlay grants you a limited, non-exclusive, non-transferable licence, to (i) access and view any OpenPlay Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicence the licence rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Site Content, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OpenPlay or its licensors, except for the licenses and rights expressly granted in these Terms.
- Member Content
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to OpenPlay a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content only on, through, or by means of the Site and Services. OpenPlay does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to OpenPlay the rights in 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 OpenPlay’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services 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.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that OpenPlay is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OpenPlay of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of OpenPlay used herein are trademarks or registered trademarks of OpenPlay. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Copyright Policy
OpenPlay respects copyright law and expects its users to do the same. It is OpenPlay’s policy to terminate in appropriate circumstances the OpenPlay Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Termination and OpenPlay Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your OpenPlay Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event OpenPlay terminates these Terms, or your access to our Site and Services or deactivates or cancels your OpenPlay Account you will remain liable for all amounts due hereunder. You may cancel your OpenPlay Account at any time via the "Cancel Account" feature of the Site and Services or by sending an email to firstname.lastname@example.org. Please note that if your OpenPlay Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or feedback.
If you choose to use the Site and Services, you do so at your sole risk. You acknowledge and agree that OpenPlay does not conduct background checks on any Member, including, but not limited to, Customers and Sports Facilities. The Site, Services and Site Content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, OpenPlay explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. OpenPlay makes no warranty that the Site, Services, Site Content, including, but not limited to, the Listings or any Sports Facility will meet your requirements or be available on an uninterrupted, secure, or error-free basis. OpenPlay makes no warranty regarding the quality of any Listings, Sports Facility, the Services or Site Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Site Content obtained through the Site or Services.
No advice or information, whether oral or written, obtained from OpenPlay or through the Site, Services or Site Content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, any Sports Facilities or Customers. You understand that OpenPlay does not make any attempt to verify the statements of users of the Site or Services or to review or participate in any Sports Facility Booking. OpenPlay makes no representations or warranties as to the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, Customers and Sports Facilities, particularly if you decide to meet offline or in person.
- Limitation of Liability
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 Site, Services and Site Content, and your listing or booking of any Sports Facility via the Site and Services remains with you. Neither OpenPlay nor any other party involved in creating, producing, or delivering the Site, Services or Site Content 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 these Terms, from the use of or inability to use the Site, Services or Site Content, from any communications, interactions or meetings with other users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site, Services, or from your listing or booking of any Sports Facility via the Site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not OpenPlay 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.
In no event will OpenPlay’s aggregate liability arising out of or in connection with these Terms and your use of the Site and Services including, but not limited to, from your listing or booking of any Sports Facility via the Site and Services, or from the use of or inability to use the Site, Services, or Site Content and in connection with any Sports Facility or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site and Services as a Customer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Sports Facility, the amounts paid by OpenPlay to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred British pounds (100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between OpenPlay and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold OpenPlay and its affiliates and subsidiaries, and their officers, directors, employees and agents, 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 (a) your access to or use of the Site, Services, or Site Content or your violation of these Terms; (b) your Member Content; and (c) your (i) interaction with any Member, (ii) booking of a Sports Facility, (iii) creation of a Listing or (iv) the use or attendance at a Sports Facility by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking at a Sports Facility.
- Reporting Misconduct
If you attend any Sports Facility booked via the Site and Services either as a Customer or Sports Facility and you feel the other party is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OpenPlay by contacting us with your police station and report number at email@example.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between OpenPlay and you regarding the Site, Services, Site Content and any bookings or Listings of a Sports Facility made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between OpenPlay and you regarding bookings or listings of Sports Facilities, the Site, Services and Site Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without OpenPlay’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OpenPlay may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OpenPlay (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of England and Wales, without regard to any conflict of law provisions. You and we agree to submit to the jurisdiction of the courts of England and Wales for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
- Dispute Resolution
You and OpenPlay agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, "Disputes") will be settled binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and OpenPlay are each waiving the right to a trial by jury or to participate as a claimant or class member in any purported class action or representative proceeding. Further, unless both you and OpenPlay otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
The arbitration will be administered by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, by an arbitrator to be appointed by the President or a Vice President of the Chartered Institute of Arbitrators. The arbitration will be conducted in accordance with the International Chamber of Commerce Rules then in effect and shall take place in London, UK.
The failure of OpenPlay to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of OpenPlay. 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. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Contacting OpenPlay
If you have any questions or comments about these Terms, please contact OpenPlay at firstname.lastname@example.org.