*
USE OF SERVICE RULES for the Rádical Padel platform (12/2/2023)
GENERAL INFORMATION
Please carefully read these service conditions, as they contain important information about your legal rights and obligations. These Terms and Conditions allow you (as the "User") to use our service and our website or Radical Padel application (the "Application"), where you can connect with other Users, use it as a match organizer or manage online reservations (hereinafter the "service" or "services") and describe the specific contractual relationship that exists between the user and Radical Padel.
By creating a User Account, you agree to comply with these Terms and Conditions, as well as the cookie policy and privacy policy and data protection policy of Radical Padel. If you cannot accept our Terms and Conditions, or the rest of our policies, you cannot use the Service that we offer on our Site.
This Application is a service provided by its legal owner, Ismael Marín González, with NIF / CIF 34048885F, residing for the purposes at Calle Fenix 8, Chiclana de la Frontera, 11130, Cádiz, (hereinafter "Radical Padel", "we", "us" or "our"), which is subject to compliance by you of the present Terms and Conditions that are detailed below. Therefore, please carefully read the following Terms and Conditions before accessing the Site or using it.
Modifications
Radical Padel reserves the right, at its sole discretion, to modify the Application or Services, or to alter these Terms, including service fees, at any time and without prior notice. If we modify these Terms, we will publish such modification either on the Website, through the Application, or notify you of the modification in another way. We will also update the "Last Update Date" located at the beginning of these Terms.
By continuing to access or use the Website, the Application or Services after we have published a modification on the Application, or have given a modification notice, you indicate that you accept to be bound by the modified Terms. If you do not accept the modified Terms, your only option is to cease using the corresponding Website, Application or Services.
Users
Those users who register in our application in any of its modalities (private users, collaborators, companies or clubs) are considered members of Radical Padel.
There are different access levels for users (participants, collaborators, clubs, companies and administrators) for which the corresponding access keys will be necessary. The access and keys use are personals and non-transferable.
Registering and becoming as Radical Padel member or user implies acceptance of the conduct rules and Terms and Conditions established and updated by it in successive editions.
Minimum Conduct Rules.
In discussion and interaction spaces, the user must assume a participation based on education and respect for the rest of the members and users. Radical Padel is not responsible for the content and comments exposed by its users in any of the mentioned spaces.
The administrators (of the different clubs or leagues that are organized), reserve the right to reprimand or remove any member who does not comply with the minimum rules set by each one of them. You acknowledge and accept that we have the right (but not the obligation), at our sole discretion, to refuse to publish or prevent access to any Content offered by you at any time and for any reason, informing you or not.
Prohibitions.
When using this website, you explicitly accept that you cannot:
Offer any type of content or performance that can be considered illegal, threatening, harmful, abusive, annoying, malicious, defamatory, slanderous, in poor taste, vulgar, obscene, offensive, unacceptable, pornographic, directed or resulting in any type of interference or interruption of the operation of this website or any of the services offered, infecting with a virus or any other type of application or routine aimed at destruction or deterioration, resulting in any civil or criminal responsibility, or violating any local, national or international law.
Usurp, simulate or distort your relationship with any person or entity, or falsify or attempt to hide or misinterpret the origin of any content offered by you.
Collect or store any information about other users using it for any purpose other for which the website is designed.
Expose, advertise or distribute any event, image, logo or data from any entity, group or person, as well as offering or using this website or any content or service offered from or by it for commercial purposes or in any way that results in the use or generation of spam, chain messages, or any other type of advertising without our express written consent.
Offer any content that may result in any type of civil or criminal liability, or that may constitute or be considered a violation of any local, national or international law, including but limited solely to laws relating to copyright or intellectual property, trademarks, patents, or trade secrets.
Underage users
The minimum age to access as a registered user is 14 years old. However, the use of the services available on this website by minors requires that they have previously obtained authorization from their parents, guardians or legal representatives, who will be considered legally responsible for any acts performed by the minors under their care.
Facilities and accidents
Radical Padel is an online service that provides its users with the necessary options to manage reservations, communicate with each other, and play paddle while scoring in an orderly manner. It does not have sports facilities or legal competences to check or require to the facilities owners or managers to provide us the necessary documentation that proves that they comply with all legal requirements and are in good condition for opening or using them. Therefore:
-
The representatives or, if applicable, owners of the public or private club facilities where the matches are played, are responsible for complying with all the legal provisions established for the construction, opening and use about their facilities, including their own and third parties’ civil responsibility, as well as accidents that can happen from their use.
-
As these facilities user or customer, you have the right to be informed that these facilities comply with the legal provisions indicated in the above paragraph, and you expressly assume all legal consequences, especially physical injuries resulting from sports practices and, in general, from the use you make of them.
Cost of service
Radical Padel distributes the service through its platform (website or application), with different monetization modalities:
-
For users: for free, periodic subscription (monthly, quarterly, annual ...) or through a rate per League or per time;
-
For clubs: through player packages, for a specified time, or through periodic subscription.
The amount will be communicated or shown to the user in their respective panel prior to acceptance and payment them.
Radical Padel can do offers or modifications to the rates at any time, but must communicate it to the user beforehand, and is nonetheless obliged not to apply them before the expiration date corresponding to the expiration of their last payment or the next payment of the periodic payment plan, if applicable.
Cancellation and Termination Policy
Radical Padel is an online digital services application and, therefore, is not obligated to refund the purchase amount.
However, in order to foster a trust relationship, we offer the user a period of 15 natural days from the date of service contract (or from the first installment payment if subscription plan) to claim a refund of the amount, as long as the service has not been used.
In the subscription plans case, the user may request to cancel any installments or subscription plans at any time. In such cases, Radical Padel is not obligated to refund any proportional balance until the due date of the next installment.
By accessing this platform, you agree to use it responsibly. In this regard and to avoid harm to other players, clubs, and the platform itself, if you fail to comply with the commitment to attend a match that you have signed up for, or in general with these rules or conditions of use, Radical Padel may:
-
Temporarily or permanently cancel your subscription, immediately revoking your right to access the platform, and Radical Padel is not required to make any refunds or compensation.
-
Claim the total amount of the court fee from you, if applicable. In this regard, by signing up for a match and not attending, you EXPRESSLY AUTHORIZE Radical Padel to charge your payment method the equivalent of the court total price during the match period.
Registered users may use the service with the only limitations set by their subscription plan or by the rules of the league or club at each time. The player's lack of participation in any edition does not entitle them to any rights nor does it obligate us to refund the amount paid.
Radical Padel reserves the right to cancel any League if it does not have a minimum of 25 players registered at the start of the corresponding edition. In such cases, the amount paid by new registrants for that edition will be refunded, provided their participation does not come from prizes from previous editions.
Radical Padel, clubs, administrators, and moderators will ensure the smooth operation and game sportsmanship, and respect among participants, ensuring that the rules established at each time are followed, which we may modify as we see fit, making decisions based on these rules or the interpretation that we should derive from them for their proper development, penalizing participants who do not comply with them by means of points, temporary or permanent player blocking, or even expulsion if deemed appropriate (in which case, as a former participant, you would have no right and we would have no obligation to refund the registration amount or your subscription plan amount paid).
It is clear that we have the right to prevent you from accessing the application if, for a justified reason according to our consideration, you have not complied with any of the game rules, sportsmanship or behavior and respect for any other members who are part of the application, and in general at our discretion, accepting the decisions that are going to made in this regard, including expulsion and the loss of the registration fee, which you expressly renounce making any claim about.
PERSONAL DATA
In accordance with Organic Law 15/1999, of December 13, on the protection of personal data and its development regulations, through this privacy policy, Radical padel wants to inform you about the personal data protection policy of its website http://www.radicalpadel.com/ ("website"), so that you can freely and voluntarily determine whether you want to provide Radical padel.com with the personal data that we may require or that we may obtain from you on occasion of your access and website use.
-
1.Object and purpose of personal data collection
RádicalPadel.com collects personal data from both: website registered users and those who are not registered, including, without limitation, name and surname, access password, contact telephone numbers, contact address, email address, gender, photos, and IP address, through various means, including without limitation, the various forms that appear on the website or through cookies (in accordance with what is set out in section 2), which will be included in a file automated by RádicalPadel.com.
RádicalPadel.com will consider the data you provide us as correct and updated, however, any player must identify themselves, upon request from Radical Padel or from the collaborating clubs, for the sole purpose of verifying the truth of their data or identity as a participant. Consequently, in case of falsehood -or failure to provide them for the purposes of verification indicated-, as well as duplicity of a user data, the user will be penalized -or corresponding users will be deleted if duplicated-. If it is deemed that such falsehood or duplication has taken place with the purpose of distorting or altering the correct functioning of the functionalities or rules of the platform, and, in general, the functioning of the program, the user will be deleted or blocked and all duplicated records of the same, penalizing itself with the loss of the amount delivered.
In accordance with the General Data Protection Regulation and other national laws of the Member States relating to data protection, as well as other provisions in the field of data protection, the file responsible is established as:
Ismael Marín González
NIF/CIF 34048885F
Calle Fénix, 8
Chiclana de la Frontera (11130)
Cádiz
The processing of data from registered users is carried out by RádicalPadel.com with a view, among others, to managing and facilitating communication services between the different members, such as managing your free and paid notice requests, both by e-mail or by sms, keeping your current and discarded messages, managing the sending of communications and news, proceeding to reserve online in the different affiliated clubs and, in general, managing your participation in the various activities of the website.
Likewise, if you are a registered user, RádicalPadel.com may use your data to send you commercial communications by email or other equivalent electronic means, such as sms or push deliveries.
Unless indicated otherwise, and without prejudice to the fact that the supply of the data provided to RádicalPadel.com is voluntary, the lack of supply may affect the proper functioning of the website or, as the case may be, the proper provision of services by RádicalPadel.com.
Finally, in those cases where you voluntarily decide to provide RádicalPadel.com with personal data of your friends (for example their e-mail or telephone number), you undertake, whether you are a registered user or not, to previously inform these people that you intend to communicate their data to RadicalPadel.com and you must to obtain their consent for this data processing. However, once registered, access and use of the data will be managed exclusively by the data holder, in a personal and non-transferable manner.
2.Cookies
RádicalPadel.com uses cookies to identify users, whether they are registered or not, who visit the website, remember user preferences, and provide personalized services, as well as to track website usage. You can configure your browser to reject the installation of cookies. However, certain areas or services on the website may not be available if you choose this option.
Additionally, the website may include cookies from third-party service providers and/or content providers. RádicalPadel.com does not control the introduction of such cookies and therefore will not be responsible for any data processing activities carried out by these third parties in relation to the data collected through the cookies introduced by them on the website.
3.Data Disclosures
In the case of registered users, RádicalPadel.com may transfer the data for the purposes described under section 1 to other companies belonging only to the group of companies that commercialize, distribute, or develop RadicalPadel's application and services, which will be located within the European economic area and therefore offer an equivalent level of protection.
Finally, RádicalPadel.com may require the personal data or part of it to be made available to third-party service providers, such as clubs, player associations, etc., as well as those considered necessary for controlling participation in different paddle courts and clubs, according to participation agreements, prices, and generally for the operation of the service object of the web.
4.Security
RádicalPadel.com states and guarantees that it will at all times make its best efforts to maintain the security and confidentiality of personal data and that it will continue to improve security measures in line with any legal and technological developments. In particular, RádicalPadel.com guarantees that it has adopted the security measures required under Royal Decree 1720/2007, of December 21, which approves the regulation of Law 15/1999, of December 13, on the protection of personal data.
4.1 Online Payments: Card Data Storage
To manage your payments more efficiently and securely in future transactions and to ensure compliance with the contractual obligations related to the contracted services, you hereby EXPRESSLY consent to Radical Pádel securely storing the reference of your payment card (tokenization) and the necessary data to facilitate future transactions or recurring payments.
This data will be stored under strict security measures, including encryption and compliance with PCI DSS standards. However, for added security, Radical Pádel will not retain your card's CVV and commits to not using the data for purposes other than those mentioned.
You may withdraw your consent at any time and request the deletion of your card data, except when its retention is necessary to fulfill legal or contractual obligations.
5.User rights
You can exercise your rights of access, correction, cancellation and opposition to the processing of your personal data, also account deletion, at any time by sending an email to the following address: info@radicalpadel.com. Your request must contain the following information: name and surname, mobile phone number, photocopy of your ID or passport, and specific request.
When the user’s data are deactivated, their mobile number will be retained anonymously; in other words, it will be disassociated from any personal data, remaining only as an isolated number linked to game statistics and matches associated with that number.
6.Privacy policy modifications
In the event that RádicalPadel.com modifies this privacy policy, RádicalPadel.com will publish a notification on the website so that you can be aware of any changes in the type of data collected, the purposes of processing, and/or communications to third parties. In no case will any modifications to this privacy policy, by themselves, affect the choice you have made with regard to the way RádicalPadel.com can use your personal data.
7.Acceptance
The submission of personal data, through the website forms, or the use of other services offered by the website constitutes your express consent to the processing of personal data by RádicalPadel.com in the terms described in this privacy policy.
The lack of diligence of your own data or that of any other participant, its inappropriate or undue use, not complying with the rules of use and access, as well as the competition rules themselves, will result in the removal or blocking of the user with the loss of rights that may have been acquired in their registration and of the fees or amounts that have been paid.
Copyright.
Rádical Padel is a brand and software registered (Spanish Patent and Trademark Office, registration number M-2793928) as well as the competition system developed by it (Registered in the Intellectual Property Office with number. Registration M-9504/2010). The contents, software, name and logo may not be distributed, copied or used without the express written permission of their owners.
*