General terms and conditions of business
1. Scope and general
These General Terms and Conditions (hereinafter "GTC") regulate the use of the services provided by Padel Hub GmbH (hereinafter "Padel Hub", "Operator", "we", "us") via the website www.padel-hub.de, including all subdomains (hereinafter "Service").
The General Terms and Conditions apply to all contracts concluded between us and you as a user (hereinafter "user", "you", "your") in connection with our service. Deviating agreements are only valid if we have confirmed them in writing.
By registering, accessing or using our service, you agree to be bound by these Terms and Conditions.
2. Scope of Services
Through our service, we offer registered users various functions, such as access to databases, a community platform, an online shop and information and communication options, for example to set up padel gaming communities, view padel news or purchase sporting goods.
A claim to uninterrupted availability of the services only exists within the scope of current technical possibilities. We reserve the right to temporarily restrict the service if this is necessary for reasons of capacity, security, server integrity or to carry out technical maintenance. In doing so, we endeavor to protect the legitimate interests of the users, for example by providing timely advance notice.
The user is responsible for providing the technical requirements needed to access our service (in particular, end devices, Internet access, compatible browser software). It may also be necessary to install additional software (e.g. plug-ins, apps) in order to use certain content or functions.
We also reserve the right to further develop or change the content, structure and user interfaces of the service, provided that this does not significantly affect the contractual purpose. We will inform users of significant changes in an appropriate manner.
3. Authorization to use, registration and user account
Any interested party with full legal capacity can register for our service at www.padel-hub.de and create a personal user profile. You agree that the data you provide and your profile picture will be temporarily stored and therefore may not always be up to date.
When you activate your profile with us or with external providers such as Playtomic, a user agreement is concluded between you and us based on these terms and conditions. There is no legal claim to activation or the conclusion of a user agreement.
The data requested during registration must be complete and truthful. Changes must be updated immediately. Each user may only set up one user account. The user account is personal and may not be transferred or made available to third parties for use. Access data (login, password) must be kept safe and protected from unauthorized access. If you suspect that your user account is being misused, you are obliged to inform us immediately. As soon as we become aware of unauthorized use, we will block the corresponding access. We reserve the right to change access data for security reasons and to notify you of this immediately. You are generally liable for all activities that take place using your access data, unless you are not responsible for a breach of your duty of care.
We are entitled to block or withdraw access to the service in whole or in part if there are sufficient indications of a violation of these Terms and Conditions. You can avert these measures by refuting the suspicion with suitable evidence at your own expense.
Please note that we can only check the data provided during registration to a limited extent. It is therefore not impossible that incorrect contact details or incorrect information about playing ability are provided.
4. Padel community and games
Users can independently set up various games within the service and invite other users to join according to their own criteria.
A game you create remains visible to other users until you remove it. The participating users and, if applicable, the organizer are responsible for the actual organization and execution of games. We only provide the technical platform for the administration of such games and do not guarantee or accept liability for the scheduled execution of agreed games or for their realization.
5. Obligations of the user
You are obliged to provide all details, information and any uploaded content (including images) truthfully, legally and in accordance with the applicable rights of third parties. Unauthorized content, in particular content that violates legal regulations, official orders, the rights of third parties, common decency or youth protection regulations, may not be published. This includes pornographic, discriminatory, violent or anti-constitutional content as well as offers of prohibited goods or services.
Advertising for external services is prohibited without our prior express consent. The inclusion of seals of approval, brands or symbols of third parties is not permitted unless prior permission has been obtained from us or the rights holder. We reserve the right to remove content without prior notice in the event of a violation of these terms and conditions.
User contact data that you receive via our service may only be used for purposes that correspond to the function of the service (for example, to contact you in the context of game dates). Passing on this data to third parties or using it for advertising purposes is not permitted without the express consent of the users concerned.
Furthermore, it is prohibited to disrupt the proper operation of our service or to take any dangerous measures, in particular not to transmit any content containing malware (viruses, worms, Trojans).
6. Remuneration
Registration and basic access to our database as well as use of the partner search function are free of charge.
However, participation in games may be subject to a fee, depending on the payment model set by the organizer. The participation fee and the payment terms will be communicated to you before the respective participation contract is concluded. If payment is not made within the set deadline (usually one week after confirmation of participation), we are entitled to cancel your participation. We will inform you of this separately in the confirmation of participation.
7. Liability
Our liability for material and legal defects as well as for damages within the scope of the user relationship is governed by the statutory provisions.
Participation in games or events arranged through our or an external service is at your own risk. Each participant is responsible for assessing their own health suitability and, if necessary, having a medical examination carried out.
The following applies to additional services provided by us (e.g. our own events):
We are liable without limitation in cases of intent, gross negligence, assumption of a guarantee, mandatory statutory liability and injury to life, body or health.
In the case of slight negligence, we are only liable if essential contractual obligations are violated. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and whose compliance you can rely on. This includes, in particular, offering you the opportunity to find other gaming partners via our user profile. The technical, uninterrupted availability of the service, however, is not essential. These limitations of liability also apply to our legal representatives and vicarious agents.
To the extent that we refer to services or content of third parties (e.g. through links), we are not liable for their accessibility, legality, accuracy or timeliness.
At events organized by us, the information, specifications and instructions provided by us must be followed. Violations that affect the course or safety of the event can lead to the immediate exclusion or disqualification of the participant.
8. Exemption
Should third parties assert claims against us based on the content you have posted or your use of the service, and you are responsible for these violations of law, you will indemnify us against all claims arising from this. This also includes the necessary legal defense costs (court and attorney fees). In this case, you undertake to immediately provide us with all information, completely and truthfully, that is necessary for the examination of the claims and the legal defense.
9. Final provisions
A complete or partial transfer of your rights and obligations arising from the user relationship to third parties is excluded. However, we are entitled to transfer our rights and obligations arising from this contractual relationship to a third party with a notice period of four weeks.
We reserve the right to change these Terms and Conditions at any time without stating reasons. Changes will be communicated to you via email at least six weeks before they take effect. If you do not object to the changes within six weeks of receiving the notification of changes, the amended Terms and Conditions will be deemed accepted. We will specifically inform you of this in the notification of changes.
Notifications and declarations concerning the user relationship must be made in writing or sent to us by email.
These Terms and Conditions and the contracts concluded between you and us are subject to German law, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions and the User Agreement is Berlin. For consumers, the statutory place of jurisdiction is the user's place of residence; Berlin is also permissible as an additional place of jurisdiction if the user is resident in Germany.
Should individual provisions of these Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision shall be deemed agreed that most closely approximates the economic purpose of the invalid provision. The same applies to any gaps in the provisions.
Unless otherwise agreed, the statutory provisions shall apply in addition.