Last updated on November 1, 2020
A. GENERAL PROVISIONS
I. CONCERNING GOTCOURTS
1. WHAT IS GOTCOURTS AND WHAT THE OBJECT OF ITS RENDERED PERFORMANCES?
GotCourts is an internet-based marketplace 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 Zürich, 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 or coaches and further services.
GotCourts is a management software program tailored for Sports Facilities (hereinafter called “Sports Facilities”) which can be used for easy and well-structured management purposes.
3. STRUCTURE OF THE GTC
Figs. 1 to 34 of these General Terms and Conditions (herafter called “GTC”) contain general provisions that are applicable to all Users (Players and Sports Facilities) of GotCourts. Figs. 35 to 41 contain specific provisions for Players, while Figs. 42 to 54 contain specific detailed provisions that are applicable exclusively to Sports Facilities, Figs. 55 to 61 contain provisions applicable to Coaches or Sparring Partners. The special provisions from Fig. 35 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. THE CONTRACTUAL RELATIONSHIP, APPLICABLE LAW, AND PLACE OF JURISDICTION
5. LEGAL PRINCIPLES
The GTC apply to all court bookings made through GotCourts and other services procured through the App or through the Website. 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.
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 at the domicile of the company.
III. REGISTRATION PROCEDURES AND APPLICABILITY OF THE GTC AND DSP
8. REGISTRATION
Registration with GotCourts enables the User to use the marketplace together with all available functions. Persons aged below 18 years are not permitted to use the platform without the consent of their parents. Parents should use an Email address controlled by them to register their children.
9. ACCEPTANCE OF THE GTC AS A 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. 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.
11. 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. 10 above.
IV. THE AVAILABILITY OF GOTCOURTS
12. AVAILABILITY
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.
13. LIABILITY FOR AVAILABILITY
In respect of liability for the availability of GotCourts, reference is made to Fig. 22 ff.
V. COPYRIGHTS, TRADEMARK RIGHTS, AND OTHER PROPRIETARY RIGHTS
14. 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. 16), including the trademark rights, copyrights and other proprietary rights, are the property of the Operator except if utilisation rights were granted to the Operator by third parties.
15. 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.
16. 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
17. 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.
18. 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.
19. CORRECT ENTRY OF PROFILE DATA
Users undertake to submit the profile data they enter or make available correctly, agree that they have the rights to provide the contents and confirm 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.
20. 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.
21. 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
22. GENERAL LIABILITY EXCLUSION, INSOFAR AS PERMITTED BY LAW
GotCourts provides its services “as is” and “as available”. 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. 23 to 28.
23. 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. GotCourts does guarantee or confirm that any and all defects or errors will be corrected, or that any and all contents or information, which a User receives from the service, are accurate.
24. 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. Users are solely responsible for their own interactions with other Users.
25. 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 or other services sold on the GotCourts marketplace by third parties.
26. PASSWORD
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.
27. TRANSMISSION OF DATA von Daten
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.
28. MALWARE
The Operator is not liable for computer viruses, worms, Trojans or other malware that has been introduced by Users.
29. 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.
VIII. CONTRACTUAL TERMINATION
30. ORDINARY TERMINATION
See below under B. and C.
31. EXTRAORDINARY TERMINATION
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.
32. 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
33. 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.
34. 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. SUPPLEMENTARY PROVISIONS FOR PLAYERS
35. 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.
36. REGISTRATION PROCEDURES
Players shall register with GotCourts via their private e-mail addresses or using other registration processes offered by the Operator.
37. 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 with the partner, but instead acts merely as a broker.
38. CONFIRMATION OF RESERVATIONS
Once the reservation has been submitted, the Player shall receive a confirmation by e-mail or other method used by the system.
39. 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.
40. 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.
41. ACOUNT DEACTIVATION
The deactivation of a GotCourts account is free of charge and may be performed by sending an e-mail to info@gotcourts.com. With the deactivation of the account the contractual relationship between the Operator and the Player shall end.
C. SUPPLEMENTARY PROVISIONS FOR SPORTS FACILITIES
42. 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 info@gotcourts.com or via the GotCourts website if you do have any questions. We will contact you immediately.
43. 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.
44. SUPPORT
The Usage Fee includes the following scope of sup-port services provided by the Operator:
- support via e-mail to support@gotcourts.com, Mon. – Fri., 8 a.m. to 6 p.m. CET;
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 urgent requests outside of the above service times or on-site support at the Sports Facility, the Operator shall charge an hourly rate that shall be agreed between the Parties.
45. USAGE FEE AND PAYMENT
Sports Facilities shall be charged a fee to use GotCourts. The prices are available when this option is activated or are based on the Software License and Support Contract agreed between the parties. The Usage Fee is invoiced for 1 year in advance. If a lower Usage Fee is subsequently due, e.g. as a consequence of sales-dependent prices, a credit note will be applied to the next invoice.
46. TRANSACTION FEE
The operator charges facilities that rent out courts against payment, fees for the use of the GotCourts marketplace. On court reservations at the facility that are made by players independently (i.e. not by the administrator of the facility) against payment, the operator charges a transaction fee per reservation. The prices appear when this option is activated or are based on the Software License and Support Contract agreed between the parties.
47. 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.
48. 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. A processing fee may be charged for invoicing by means other than online payment.
Payment processing services for Sports Facilites on GotCourts are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms of Use or continuing to operate as a Sports Facility on GotCourts, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of GotCourts enabling payment processing services through Stripe, you agree to provide GotCourts accurate and complete information about you and your business, and you authorize GotCourts to share it and transaction information related to your use of the payment processing services provided by Stripe.
49. 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.
50. PAYMENT DEFAULT
In case of default the licensee owes a default interest of 12%. For reminders, a service charge of CHF 25 may be levied from the second reminder onwards. If the payment by the Sports Facility is not performed within the payment period, then the Operator shall be entitled to withdraw the service from the Sports Facility without delay. A formal warning shall not be required.
51. 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.
52. PRICE STRUCTURE AND DELETION PROCEDURES
The Sports Facility undertakes to communicate its price structure for court bookings as well as the cancellation procedures to players clearly. They have sole responsibility for the accuracy of the details; any liability on the part of the Operator is excluded.
53. DURATION OF THE AGREEMENT AND PERIOD OF NOTICE
The duration of the contract is based on the Software License and Support Contract agreed between the parties. If no contract duration is agreed upon, the duration is 1 year and renews automatically unless terminated.
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. Contracts that can be terminated monthly can be terminated at the end of each month with a 1-month notice period. Any advance payments will be refunded pro rata. For all other contracts, the following applies: An ordinary termination of the contract is possible at the end of the term of the first paid court with a 6-month notice period.
54. 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.
Any pre-payments will not be reimbursed in such a case.
D. SUPPLEMENTARY PROVISIONS FOR COACHES / SPARRING PARTNERS
55. SUBSCRIPTION
Users (after conclusion of a subscription called “Subscribers") who would like to present themselves on the platform as a coach or sparring partner have the possibility to subscribe to additional functionalities for a fee for this purpose ("Subscription").
56. PRICES
The prices for the Subscriptions are published on the platform.
57. SERVICES
Subscribers will be marked in their profile as 'Pro Coach' or 'Sparring Partner' according to the selected service level. If Users use the filter setting 'Coach', only Subscribers will be displayed in the result list. ‘Pro Coaches' are always listed before 'Sparring Partners'. Additional services may be added from time to time.
58. LIMITATIONS
THE SUBSCRIPTION OF ALL SERVICE LEVELS DOES NOT INCLUDE A RIGHT TO PRACTICE COACHING AT FACILITIES THAT ARE CONNECTED TO THE GOTCOURTS NETWORK. THIS AUTHORISATION CAN ONLY BE GRANTED BY THE RESPECTIVE SYSTEM OPERATOR HIMSELF AND ALL SUBSCRIBERS ARE OBLIGED TO OBTAIN AND FOLLOW IT.
Should GotCourts learn of violations of the regulations of its partner facilities, GotCourts is entitled to terminate the Subscription prematurely and without compensation and to block the Subscriber’s account.
59. PRE-REQUISITES
Pro Coach service level: An officially recognized form of tennis instructor/coach qualification or equivalent professional experience entitles to use the 'Pro Coach' designation. In principle, the category 'Pro Coach' is reserved for those coaches who can guarantee a professional training level and corresponding teaching structure.
Sparring Partner service level: There are no formal requirements for the 'Sparring Partner' designation. It is recommended that a high or very high level of play (ITN 5 and better) is present in order to be a Sparring Partner.
60. ACTIVIATION
Pro Coach service level: After a short check of the qualifications, GotCourts confirms the Pro Coach profile. In case of a negative decision, all fees already charged will be refunded. The decision of GotCourts is final and cannot be appealed. Negative decisions are not justified. GotCourts strives to make the requirements as clear and transparent as possible.
Sparring Partner service level: The profile can be activated immediately by the user.
61. TERMINATION
Depending on the chosen subscription period, the subscription can be cancelled monthly or annually. The cancellation can be made at any time in the settings and is effective at the end of the billing period.
