These Terms & Conditions (hereinafter the “Terms”) are prepared by Empower Sport Services LLC. located at Abu Dhabi, United Arab Emirates (hereinafter the “Company”, “ESS” or “we”).
The Company is a Padel Tennis Club Operator and Beach Tennis Tournament Organizer (hereinafter the “Services”), and offers Sports Materials and equipment (hereinafter the “Products”)
Using the Services or accessing Company’s website, https://empowersportservices.com, or mobile platforms (hereinafter the “Services and Platforms”) presumes your consent to the Terms.
1. SCOPE OF SERVICES
1.1. The Company’s Services include and not limited to Padel Court booking, Padel Training, Tournaments and Events.
1.2. The Company’s Products include and not limited to Padel Tennis and Beach Tennis Materials and Equipments.
2. YOUR ACCOUNT
2.1. When using the Services and Platforms, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device.
2.2. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate an account, and remove or edit content.
2.3. The Company does not knowingly collect Personal Data from persons underage. If you are under 18 (eighteen) years old, you may not be able to use the Services and Platforms we offer.
3. YOUR OBLIGATIONS
3.1. To use the Services and Platforms you shall:
3.1.1. be entitled by applicable law to be capable to enter into an agreement with the Company;
3.1.2. be at least 18 (eighteen) years of age or older to the extent you become capable in accordance with the applicable law;
3.1.3. provide accurate, complete, and updated information;
3.1.4. have not been banned by the Company to use the Services and Platforms;
3.1.5. provide any additional information required by the Company.
3.2. When using the Services and Platforms you shall not:
3.2.1. post unlawful Content through the Services and Platforms;
3.2.2. obtain or use any private and confidential information;
3.2.3. post private or confidential information through the Services and Platforms;
3.2.4. stalk, bully, defame, abuse, threaten, harass, impersonate or intimidate legal entity or individual;
3.2.5. interfere or disrupt the Services and Platforms, their servers, or networks connected to the Services and Platforms including, but not limited to, transmitting any malware code of a destructive or disruptive nature;
3.2.6. inject Content or code or otherwise alter or interfere with the way any Company’s page is rendered or displayed in a device;
3.2.7. create an account through unauthorized means including, but not limited to, using an automated device, script, bot, spider, crawler or scraper;
3.2.8. create or submit spam comments or other forms of commercial or harassing communications to other users;
3.2.9. attempt to restrict another user from using the Services and Platforms;
3.2.10. encourage or facilitate violations of the Terms;
3.2.11. use the Services and Platforms for any illegal or unauthorized purpose;
3.2.12. change, modify, adapt or alter the Services and Platforms or change, modify or alter another website or platform so as to falsely imply that it is associated with the Services and Platforms;
3.2.13. violate any national, federal, state or local law of your jurisdiction and the law applicable to the Terms including those laws related to consumer protection, unfair competition, anti-discrimination, human rights and the like;
3.2.14. engage in illegal activities or activities that are potentially harmful, exploitative or threatening to children and other protected groups;
3.2.15. engage in false, fraudulent or misleading activities;
3.2.16. circumvent any restrictions imposed on the access to any part of the Services and Platforms;
3.2.17. act in a harmful way to us, yourself, other users, the Services and Platforms, or any other person;
3.2.18. help any person to violate any provision of the Terms or national, federal, state or local law;
3.2.19. reverse engineer any feature of the Services and Platforms;
3.2.20. sale or promote drug, alcohol or other prohibited or restricted products;
3.2.21. violate any legal rights of others.
3.3. In case of unauthorized access to your device, you shall immediately inform the Company via the contact details.
4. COMPANY’S LIMITED LIABILITY
4.1. To the fullest extent permissible for an intermediary service provider, we exclude and disclaim terms and conditions, and representations that might otherwise be implied by law in relation to the Services and Platforms, Content and/or all services supplied by the Company in connection with the Services and Platforms.
4.2. The Content on the Services and Platforms may contain inaccuracies and typographical errors. We do not warrant the accuracy or completeness of the Content.
4.3. Any reliance on any Content such as opinion, advice, statement, or other information shall be at your sole risk.
4.4. We may, at Company’s sole discretion, correct any errors or omissions in any portion of the Services and Platforms and we may make any changes to the features, functionality or Content of the Services and Platforms at any time.
4.5. We may, at Company’s sole discretion, edit or delete any documents, information or other Content on the Services and Platforms.
4.6. We do not guarantee that the Services and Platforms will be error-free, free of viruses or owner harmful components, or that defects will be corrected.
5. THIRD PARTIES LIABILITY
5.1. The Services and Platforms may include links to other websites, applications, and platforms (hereinafter the “Linked Services and Platforms”).
5.2. The Company does not control the Linked Services and Platforms and shall not be responsible for the content and other materials of the Linked Services and Platforms.
5.3. The Company makes these links available to you for providing the functionality or services on the Services and Platforms.
6. DATA PROTECTION
7. INTELLECTUAL PROPERTY
7.1. The Company grants you a non-transferable, non-exclusive, revocable license to access and use the Services and Platforms from one computer in accordance with the Terms.
7.2. You shall not use the Services and Platforms for unlawful or prohibited purpose. You may not use the Services and Platforms in a way that may disable, damage, or interfere in the Services and Platforms.
7.3. All content present on the Services and Platforms includes text, code, graphics, logos, images, compilation, software used on the Services and Platforms (hereinafter and hereinbefore the “Content”). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
7.4. You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Services and Platforms shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
8.1. We shall not be liable for any loss or damage that may come from using the Services and Platforms (hereinafter the “Disclaimer”), especially we shall not be liable for:
8.1.1. any direct, indirect or consequential losses;
8.1.2. any loss or damage caused by civil wrongs (‘tort’, including negligence), breach of contract or otherwise;
8.1.3. the use of the Services and Platforms, and any websites that are linked to or from them;
8.1.4. the inability to use the Services and Platforms and any websites that are linked to or from them.
8.2. The Disclaimer applies if the loss or damage was foreseeable, arose in the normal course of things or you advised the Company that it might happen.
8.3. Disclaimer shall apply to the loss of your:
8.3.1. income or revenue;
8.3.2. salary, benefits or other payments;
8.3.4. profits or contracts;
8.3.6. anticipated savings;
8.3.8. goodwill or reputation;
8.3.9. tangible property;
8.3.10. intangible property, including loss, corruption or damage to data or any computer system
8.3.11. wasted management or office time;
8.3.12. other losses which may arise from the use of the Services and Platforms.
8.4. We are not liable for any failure or delay in performance of Company’s obligations under the Terms, arising from acts, events, omissions or accidents beyond Company’s reasonable control.
8.5. You shall compensate and hold the Company and Company’s partners, affiliated companies, agents, officers, directors, employees harmless against all liabilities, losses, claims, and expenses, including reasonable legal fees, incurred by the same in connection or arising out of your breach of the Terms.
9.1. If you use or misuse the Services and Platforms, or if you violate the Terms or any national, federal, state or local law, and that results in loss or damage or in a claim or liability against us, you agree to indemnify, defend and hold harmless the Company for that loss, damage, claim or liability, including compensating the Company for Company’s legal fees or expenses. If we want to, we are allowed to take exclusive charge of the defense of any case on which you are required to compensate or reimburse us, and it will be at your expense. You also shall cooperate in Company’s defense of these cases. We will use reasonable efforts to let you know if we learn of any claim on which you have to compensate or reimburse the Company. This shall apply even if you stop using the Services and Platforms or your account is deleted, terminated or suspended.
10.1. You may send any complains via the contact section or by email to email@example.com
11. ENTIRETY OF AGREEMENT
11.1. The Terms constitute the entire agreement between you and the Company concerning the subject matter hereof, and they may only be modified by a written amendment signed by Company’s authorized executive, or by posting by the Company of a revised version.
12. GOVERNING LAW & JURISDICTION
12.1. These Terms shall be governed by and construed according to the laws of the United Arab Emirates without referencing to conflicts of law principles.
12.2. The courts of the United Arab Emirates shall have jurisdiction over any unresolved dispute, unless otherwise required by consumer protection law.
13. SETTLEMENT OF DISPUTES
13.1. Any dispute between you and the Company shall be resolved through negotiation via contact details.
13.2. Any unresolved dispute has to be resolved by the courts of the United Arab Emirates.
14.1. The Company, at its discretion, may from time to time amend the Terms.
14.2. The Company recommends you to check the Company’s website frequently to see the current version of the Terms and its previous versions.
14.3. The Company may inform you of the changes to the Terms using the available means of communication.
15. CONTACTING THE COMPANY
If you have any questions, you can contact us via contact information available on the Company’s Services and Platforms, especially via the email: firstname.lastname@example.org