Este texto está vigente desde el Thursday, November 18, 2021Versión anterior
1.1 - These General Conditions will apply, in the absence of other specific conditions expressly agreed with the User, or the Sports Entity, to the use of the event management platform and sports facilities hosted at www.avaibooksports.com (hereinafter the Platform) and of the management software associated with it (the Software), both owned by AvaiBook on-line S.L.U., with address at Plaza de las Cortes 2, 5ª planta, 28014 - Madrid (Spain). Registered in the Mercantile Register of Madrid (Spain), tomo 44.413, folio 88, hoja M-782676, Inscripción 2, fecha 22/12/2022 - CIF: B99279622 (hereinafter AvaiBook).
1.2 - The access and registration in the Platform, the use of the services and resources of the same and of the products or services that through it can be obtained, are totally voluntary and imply the express acceptance of all the terms established in these General Conditions in the version published at any time and without prejudice to the fact that access to a specific service may require the acceptance of additional Particular Conditions, reserving AvaiBook the right to modify the General Conditions of Use at any time.
The Platform is conceived as a software that allows managing sports events, and related services, offering services to sports entities and to end users, allowing Sports Entities to register their sporting events as well as to manage the online registrations to their events.
3.1 - User will be understood as the person who uses the Platform in any way and as a Sports Entity, the User who uses it to manage their events and sports facilities.
3.2 - To access the services offered from the Platform registration is necessary. Minors who wish to register must obtain prior authorization from their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Platform by minors under their care.
4.1 - The User will be responsible for the accuracy, validity and veracity of any information, text, data or image supplied during their registration or use of the Platform, as well as on the availability of services ("Resources"), reserving AvaiBook actions provided in Clause 5.4. if I verify the inaccuracy or lack of veracity of said data.
4.2 - The User guarantees AvaiBook that he is the legitimate owner or has the right to freely dispose of the Resources and that they respect the rights of confidentiality, copyright, patent, trademark, know-how and any other intellectual or industrial property right of third parties and that do not violate any rules. The User shall be solely responsible for any claim by a third party claiming to have rights to the Resources and indemnify AvaiBook for all damages caused, in the event that the latter has to face claims from third parties arising from the infringement of said rights.
4.3 - The User grants AvaiBook the rights of reproduction, distribution and public communication about the Resources, both in physical and digital media.
4.4 - The User undertakes not to introduce in the Platform Resources contrary to the law, morals, public order and these General Conditions of Use and, where applicable, the applicable Particular Conditions. By way of example, and in no case limiting or excluding, the User agrees to:
5.1 - Users will safeguard their access codes to the Platform with due diligence and will not allow other people to access it from their accounts. In case of detecting the use of your account by other people or the loss, theft or disclosure of your password, the User will inform AvaiBook without delay. In no case will AvaiBook be responsible for the loss of data or breach of the confidentiality of the same, or the consequences arising from a user identity theft, when there is negligence in the custody of the keys provided to the User or he does not perform the aforementioned communication to AvaiBook.
5.2 - Users will not copy, modify or alter the code, contents or design of the Platform or interfere in the proper functioning of it. It is expressly forbidden to carry out "framings" without the consent of AvaiBook.
5.3 - The USER undertakes not to impersonate a third party in their access to the Platform, not to attempt to access sections for which they are not authorized and not to make illicit use of any possible security breach in the same, provoke it or try to provoke it.
5.4 - Any breach of these obligations will entitle AvaiBook to withdraw the User's right of access to the Platform, by withdrawing the access codes, canceling orders, or even eliminating any Resource published by the User, at its discretion.
6.1 - AvaiBook may insert in the Platform any advertising of its own or others that it considers of interest to Users, undertaking not to provide personal information of these to advertisers, except anonymous statistical data on the use of the Platform, in order to improve the service and offer products or services adapted to the expectations of the Users.
6.2 - AvaiBook informs Users that advertisers and suppliers, through cookies, can obtain information about the uses of the Platform made by Users and their movements through the web, not becoming AvaiBook responsible for the consequences that could derive from said uses, nor from the collection of said information.
AvaiBook may use the information contained in the Software and that collected from the Platform to elaborate any type of statistics related to the number of online registrations, available places, occupation, origin of the Users, contracted services and demand, the information and results obtained being its exclusive property, which will allow it to inform, offer or sell said information to third parties, without any consideration for the User. These data will always be of a general nature, so that the User or the establishment from which they were obtained cannot be identified.
8.1 - AvaiBook maintains on the Platform all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access or theft of personal data and the information provided by Users, without prejudice to the fact that security measures in Internet are not impregnable, circumstance accepted by the User.
8.2 - AvaiBook protects the security of the User's personal information during data transmissions using the SSL (Secure Sockets Layer) software, which encrypts the information entered by the User.
9.1 - Incorrect use of the Platform: the access and correct use of the Resources and services offered by the Platform are the responsibility of the User, not being responsible for AvaiBook for the incorrect, illegal or negligent use that any User could make of it.
9.2 - Continuity of the Service: AvaiBook does not guarantee the availability, access and continuity of the operation of the Software or the Platform, so it will not be liable, with the limits established in the current Legal System, for the damages caused to the User as consequence of the unavailability, access failures and lack of continuity of the same.
9.3 - Resources: AvaiBook does not guarantee the veracity or accuracy of the Resources published by the Users in the Platform, their origin or property, or the use or practical application made of them by the Users, it is special, in relation to the information relative to the data of the Sports Events and Sports Entities published by the Users and the Sports Entities themselves, AvaiBook declines any responsibility in this regard. Any User can inform AvaiBook of any infraction detected so that it adopts the measures it deems appropriate, including those contemplated in Clause 5.4. in case of checking any infraction of these Conditions.
9.3 - Links: the Platform may contain links to other websites, not being responsible for AvaiBook of its contents or the consequences derived from the use thereof by Users.
9.4 - Virus: AvaiBook undertakes to apply all necessary measures to try to guarantee the User the absence of viruses, worms, Trojans and similar elements in the Platform. However, these measures are not infallible and therefore, AvaiBook does not guarantee the absence of such harmful elements, declining any responsibility for the damages that they may cause to the User or to third parties.
9.5 - Contracting with third parties through the Platform: The User acknowledges and accepts that any contractual or extra-contractual relationship that can be formalized with advertisers or third parties contacted through the Platform is carried out under his / her entire responsibility and therefore, AvaiBook does not assume liability of any kind for damages or losses of any kind caused by their negotiations and contractual or extracontractual relations with third parties contacted through the Platform.
9.6 - Modification and suspension of the Platform: AvaiBook reserves the right to modify at any time the aspect, content or functionality of the Platform, and to modify or suspend its services, temporarily or permanently, for reasons of adaptation to current legislation or other reasons, not being responsible for technical failures or interruptions of the services offered.
10.1. Both the Software and the design of the Platform and its source codes, the logos, brands and other distinctive signs that appear on it, belong to AvaiBook or its suppliers and are protected by the corresponding intellectual and industrial property rights. Its use, reproduction, distribution, public communication, assignment, transformation, reverse engineering or any other similar activity is totally forbidden unless expressly authorized in writing by AvaiBook or its owner.
10.2. The contents of the Platform introduced by AvaiBook in any format are equally protected by intellectual property rights of this or its suppliers. Its use or reproduction will be allowed only within the scope of an express contractual relationship.
The Platform is for public use and free of charge and any user can access the exposed information and make use of any of the functionalities for which free registration is required. AVAIBOOK reserves the possibility that some of the services offered are exclusive for Registered Users by completing the corresponding User registration form that is available to any USER.
13.1 These General Conditions of Use are governed by Spanish Law.
13.2 In case of doubt, dispute or conflict over the interpretation or application of any of these General Conditions, as well as any matter related to the services of the Platform, AvaiBook and the User, waiving any other applicable jurisdiction, they agree to submit to The Courts and Tribunals of Zaragoza capital.