TERMS AND CONDITIONS
1. Introduction
This website (hereinafter, the Website) and its corresponding mobile application (hereinafter, the Mobile Application) of Aiball (trademark of Aiball Lovelace, S.L.) is owned by Aiball Lovelace, S.L., holder of tax code B-44969202 and registered in the Companies Registry of Barcelona, in Volume 48804, Folio 85 and Sheet B number 596859. Its contact details are:
datos@aiball.io

This document (together with any documents mentioned herein) sets forth the terms and conditions governing the use of this Website and the purchase of products and/or services on it (hereinafter, the Terms and Conditions).

For the purposes of these Terms and Conditions, the activity which Aiball develops via the Website includes the marketing of the statistics service associated with booking a padel court for matches.

In addition to reading these Terms and Conditions before entering, browsing and/or using this Website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including the Cookie Policy and the Privacy and Data Protection Policy of Aiball. When using this website or placing an order for a product and/or service on it, the User is bound by these Terms and Conditions and all the above. If they do not agree with all the Terms and Conditions, they should not use this website.

These Terms and Conditions may also be modified. The User is responsible for consulting them each time they enter, browse and/or use the Website, as those in force at the time of ordering products and/or services will be applicable.

For any questions that the User may have in relation to the Terms and Conditions, they can contact the owner using the contact details provided on this website.

2. The User
Entering, browsing and using the Website confers the status of user (hereinafter referred to, indistinctly, either individually as the User or jointly as the Users), so all the Terms and Conditions set forth herein, as well as their subsequent modifications, are accepted from the moment that the User starts browsing the Website, without prejudice to the application of the corresponding legal regulations of obligatory compliance, as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility includes:
  • Using this Website only to make enquiries and legally valid purchases or acquisitions.
  • Refraining from making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it may be cancelled and reported to the relevant authorities.
  • Providing truthful and lawful contact details, for example email address, postal address (where necessary), and/or other details (see Legal Notice and General Terms and Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.

3. Purchase or acquisition process
Duly registered Users may make purchases on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of the Mobile Application and/or the Website, during which several of the requested services are incorporated into the final purchase space, after which they must then click on "Pay" (or any other button with a different name, with an equivalent result, enabled for this purpose).

Likewise, the User must fill in and/or check the information requested at each step. However, the details of the purchase may be modified during the purchase process and prior to payment.

Messages, purchase orders and payments related to transactions carried out on the Website may be archived and kept in the computerised records of Aiball in order to be used as means of proof of said transactions. In all cases, these records will respect reasonable security conditions and the applicable laws and regulations in force in this matter, and particularly in accordance with the Spanish Data Protection Law (LOPD) and the rights conferred to Users in accordance with the privacy policy of this Website (Legal Notice and General Terms and Conditions of Use).

4. Availability
All purchase orders received by Aiball through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure affecting the supply thereof and/or the provision of services. If there are difficulties in providing the service, Aiball undertakes to contact the User and reimburse any payment which may have been made to purchase the service. This will also apply in cases where the provision of a service becomes impracticable.

5. Prices and payment
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applicable by law, especially in relation to VAT.

Under no circumstances will the Website automatically add extra costs to the price of a product or service, only those which the User has selected and chosen voluntarily and freely.

In certain circumstances, the club may decide not to apply this service fee directly to the player, thereby assuming its cost. In this case, the player will not go through the payment gateway and will be enrolled directly in the game.

Prices may change at any time, but no changes will affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods will be credit card or debit card.

Aiball uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions on the Website. As such, the Website uses a secure payment system SSL (Secure Sockets Layer) provided by the Paycomet payment gateway.

Credit cards will be subject to checks and authorisations by the issuing bank. If the bank does not authorise payment, Aiball will not be responsible for any delay or non-delivery and will not be able to enter into a contract with the User.

In any case, by clicking on "Pay" (or any other button with a different name, with an equivalent result, enabled for this purpose), the User confirms that the payment method used is theirs or, where appropriate, that they are the legitimate holder of the gift card or membership card.

6. Technical means to correct errors
If the User detects that an error has occurred when entering the details required to process their purchase request on the Website, they may modify them by contacting Aiball through the contact spaces provided on the Website, and, where appropriate, through those provided to contact the customer service department, and/or using the contact details provided in clause one (Introduction). Likewise, this information may also be corrected by the User in their private area on the Website.
In any case, before clicking on "Pay" (or any other button with a different name, with an equivalent result, enabled for this purpose), the User has access to the space, cart, or basket where their purchase requests are recorded and can make changes.
The User is also advised to consult the Legal Notice and General Terms and Conditions of Use for further information on how to exercise their right to rectification as established in Spanish Organic Law 15/1999 of 13 December on the Protection of Personal Data.

7. Cancellations
In cases in which the User acquires products on or through the owner's Website, a series of rights are granted, as listed and described below:

Right of cancellation
To exercise this right of withdrawal, the User must notify Aiball of their decision. They may do so, where appropriate, through the contact spaces provided on the Website or via datos@aiball.io.

In order to comply with the withdrawal period, the notice unequivocally expressing the decision to withdraw can be sent before the end of said period.

In the event of withdrawal, Aiball will reimburse the User for all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which Aiball was informed by the User of their decision to withdraw.

Aiball will refund the User using the same payment method that the User chose to make the initial purchase transaction. This refund will not generate any additional cost to the User.

In this same sense, the provision of a service which the User may contract on this Website is governed by this law, as said law states that the User’s right of withdrawal will not apply when the provision of the service has been fully executed, or when it has begun, with the explicit consent of the consumer and the User and with the recognition on their part that they are aware that, once the contract has been fully executed by Aiball, they will have lost their right to withdraw from it.


8. Disclaimer
Unless otherwise provided by law, Aiball will not accept any liability for the following losses, regardless of their origin:
  • any losses that were not attributable to any breach on its part;
  • business losses (including lost profits, revenue, contracts, anticipated savings, or data, or loss of goodwill or unnecessary expenses incurred), or;
  • any other indirect loss which was not reasonably foreseeable by both parties upon entering into the contract for the sale of the products.
Likewise, Aiball also limits its liability in the following cases:
  • Aiball applies all measures to provide a faithful display of the product on the Website. However, it is not liable for any differences or inaccuracies which may exist due to lack of resolution on a screen, issues with the browser used, or any other issues of this nature.
  • Technical failures due to fortuitous or other causes, which prevent a normal operation of the service on the Internet. Lack of availability of the Website for maintenance or other reasons, preventing the service from being available. Aiball provides all the possible means to carry out the process of purchasing, paying for and shipping/delivering the products, but is exempt from liability for causes beyond its control, unforeseeable circumstances, or force majeure.
  • In general, Aiball will not be liable for any failure or delay in the performance of any of the obligations assumed, when this may be due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riots, invasions, terrorist threats or attacks, wars (declared or undeclared). or threats of or preparations for war.
    • Fire, explosions, storms, floods, earthquakes, subsidence, epidemics, or any other natural disasters.
    • Impossibility of using trains, boats, planes, motor transport, or other means of transport, whether public or private.
    • Impossibility of using public or private telecommunications systems.
    • Acts, decrees, laws, regulations, or restrictions issued by any government or public authorities.
As a result, obligations will be suspended during the period of force majeure, and Aiball will have an extension within the period to meet them for a period of time equal to the duration of the cause of force majeure. Aiball will use all reasonable means to find a solution to fulfil its obligations despite the cause of force majeure.

9. Indemnity
All actions taken and information posted on Aiball are the User's responsibility. Therefore, the User agrees to indemnify, defend, release and hold us and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents harmless from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) experienced or reasonably incurred by us as a result of, or in connection with, them:
  • committing a negligent act, omission or wilful misconduct;
  • accessing and using the Application;
  • uploading or sending content to the Application;
  • breaching these Terms and Conditions; and/or
  • violating any law or any rights of a third party.
We reserve the exclusive right to settle, compromise and pay any and all claims or causes of action brought against us without needing the User's prior consent. If requested to do so, the User will cooperate fully and reasonably as required by us in the defence of any relevant claim.

The provision above does not require the User to indemnify Aiball Lovelace, S.L. for any unfair business practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Application.

10. Written communications and notifications
By using this Website, the User accepts that most of the communications with Aiball will be electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by Aiball comply with the legal requirements to be in writing. This condition will not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with Aiball through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stated, Aiball may contact and/or notify the User at the email address or postal address provided.

11. Waiver
No waiver by Aiball of any particular legal right or action or the failure of Aiball to require strict fulfilment by the User of any of its obligations will constitute a waiver by Aiball of any other rights or actions arising from any contract or the Terms and Conditions, nor will it relieve the User from any of their obligations.

No waiver by Aiball of any of these Terms and Conditions or of any right or action under any contract will be effective unless explicitly stated to be a waiver and formalised and communicated to the User in writing.

12. Nullity
If any of these Terms and Conditions are declared null and void by a final decision of a competent authority, the remaining clauses will remain in force and will not be affected by said declaration of nullity.

13. Entire agreement
These Terms and Conditions and any document explicitly referred to herein constitute the entire agreement between the User and Aiball in relation to the subject matter of the sale and supersede any prior agreement, arrangement or promise made verbally or in writing by the same parties.

The User and Aiball acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, unless explicitly mentioned in these Terms and Conditions.

14. Data protection
Images, information or personal data which the User provides to Aiball in the course of a transaction on the Website and/or the Mobile Application will be processed pursuant to data protection policies (Data Protection Policy, Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. Governing law and jurisdiction
The access, browsing and/or use of this Website and the contracts for the purchase of products on it will be governed by Spanish law.

Any dispute, problem or disagreement which arises from of or is related to entering, browsing and/or using the Website, or interpretating and implementing these Terms and Conditions, or to sales contracts between Aiball and the User, will be submitted to the non- exclusive jurisdiction of the Spanish courts and tribunals.

16. Complaints and claims
The User may send Aiball their complaints, claims or any other comments which they wish to make through the contact details provided at the beginning of these Terms and Conditions (Introduction).

In addition, Aiball has official complaint forms available to consumers and Users, which they may request from Aiball at any time, using the contact details provided at the beginning of these Terms and Conditions (Introduction).

Were a dispute to arise from the conclusion of this purchase contract between Aiball and the User, the User — as a consumer— may request an out-of-court settlement of disputes in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. The User may access this method via the following website: http://ec.europa.eu/consumers/odr/.