Terms and conditions 




GENERAL
CONDITIONS OF THE CONTRACT

 
Read carefully the present General Conditions of the Contract ("GCC"),
since they contain important information about your legal rights, resources and
obligations. By accessing or using the SWAYS Platform, you agree to comply with
and submit to these GCC.

These GCCs constitute a legally binding contract ("Agreement") between you and SWAYS
(in accordance with the content set forth below) that governs your access to
and use of the SWAYS website, including any subdomain thereof, as well as any
other Website through which SWAYS makes its services available.

SWAYS, EURL ("SWAYS")
reserves the right to modify these Terms and Conditions at any time. Any change
that is implemented in these GCC that may affect the User's rights will be
communicated on the Website or on the Platform. We suggest that you review
these GCC frequently to keep informed of your update and all the modifications
made to them.

 

FIRST.- OBJECT OF THE
AGREEMENT AND DEFINITIONS.

 

The purpose of these GCC is to regulate the Terms and Conditions that
will govern the provision of services through which the SWAYS will make
available to the User, a web platform and mobile application that will be used
to search and contract all kinds of sporting activities, and to put in contact the
Users with the Owners of sportive facilities that offer their services through
the Platform, all under the protection and as established in these GCC.

 

For greater understanding of the Clauses of the present GCC, the
following definitions are established:

 

to. "PROVIDER":
SWAYS.

a. "PROVIDER WEB SITE":
Web page of the PROVIDER, accessible through web browsers through the Internet
address https://www.SWAYS.eu and SWAYS.app;

b. "MOBILE APPLICATION":
SWAYS mobile application, accessible and downloadable in mobile application
stores called "Google Play" for Android operating system, and
"Apple Store" for IOS operating system; The mobile application and
the web site of the PROVIDER will be denominated, together, the
"PLATFORM".

c. "USER": any
individual or legal entity that accesses and navigates through the Platform,
regardless of whether it is registered by filling out the registration forms
and / or using any of the services it offers, to request or obtain information
about activities.

d. "SPORTIVE FACILITY":
is any area or space available susceptible to the temporary assignment of the
use and that could include, among other sports facilities, tracks, fields, gyms
and their rooms, rings and circuits.

e. "OWNER OF THE FACILITY":
or, simply, "OWNER" is the
owner of the property rights or the manager of a sportive facility with
sufficient legal capacity to temporarily assign the use of it and who organizes
one or various sporting activities.

f. "SPORTING ACTIVITY":
includes both sportive facilities and all actions performed in them such as the
rental of the facility, directed classes, use of sports equipment, meetings,
coaching, sports training, etc.

g. "RESERVATION REQUEST":
is the request processed by the User of any Service offered by an owner through
the Platform, at a specific time and date, either directly through the
"Book" button or by first contacting the advertiser of the sports
facility using the "Contact" button and processing the application
below and which remains pending acceptance or rejection by the Owner User;

h. "RESERVATION":
is the effective contracting of any Service offered by the CUSTOMER through the
Platform, once the Request is accepted by the CUSTOMER in question.

i. "SERVICES":
Services or provision of services are understood as the assignment of the use
of sports facilities during the time agreed upon by the CUSTOMER in favour of
the User.

j. "TOTAL PRICE":
It is the total and joint amoount that will be paid by the User in consideration
for contracting the Services through the Platform. The Owner will freely set
the price corresponding to each of the activities.

 

SECOND.- USE OF THE
PLATFORM.

 

1. SWAYS makes available to the User the Platform, which connects Users
and Owners of sportive facilities and sporting activities.

 

2. Through the Platform, the Owners of sportive facilities promote their
sporting activities and spaces, and allow the hiring of their activities and
facilities.

 

3. In this regard, it is the Owner of the Facilities who offers its
sporting activities, so it is the Owner who manages the requests made by the
Users through the Platform and who is responsible for accepting or rejecting
such requests.

 

4. The User is informed that the information and data related to the
services and their prices is the one reflected by the Owner of the Space. SWAYS
does not offer any sporting activity or establish prices in any way.

 

5. In this sense, in the framework of the contracting of the Services, a
contract will be concluded between the User and the Owner of the Facility. The
PROVIDER will not be responsible for the execution of the Services and
compliance with any obligations arising from the Agreement for the Owner or
Users.

 

THIRD.- RESPONSIBILITIES
OF THE PARTIES.

 

1. SWAYS will not be responsible for the availability of the sports
activities contracted by the User. The availability of these activities and
their proper development is the responsibility of the Owner.

 

2. SWAYS is not responsible for the content of the offers published by
the Owners nor for their adaptation to reality. The Owners are, in this sense,
the only responsible.

 

SWAYS, in any case, will be able to suppress the offers that it
considers inappropriate, not adjusted to the current legality or that could
threaten the dignity of the people.

 

3. SWAYS is not responsible for updating and correcting the Total Prices
published in the Platform, which in any case, will be the responsibility of the
Installation Owner.

 

4. The responsibility of SWAYS is limited to:

a. Provide its services through the platform and the application.

b. Manage the receipt of payments by the User and transmission of the
amounts received to the Owner of the Space.

c. Verify and publish sports activities of the Owners of sports
facilities on the Platform and the application.

 

FOURTH.- MANAGEMENT OF
REQUESTS AND PAYMENT OF THE SERVICE.

 

1. Requests received.

 

The requests that are received through the Platform will be managed in
the following way:

 

a. The User may make the request to contract the sporting activity
through the Platform. SWAYS will process through the platform the Requests made
by the Users, sending said request to the Owner. The User must enter their data
in the Platform, which will be communicated to the Owner. In order to manage
the Request, SWAYS will require the User's registration in the platform and the
provision of the banking card data by which he/she wants to make the payment.

 

b. The Owner is the only responsible for accepting or rejecting the
request made by the User. In the event that the Owner rejects or requests or
does not respond to SWAYS, SWAYS will consider that the request has been
rejected and will notify the User.

 

c. In the event that the Owner accepts the request, the Reservation of
the Contracted Services will be automatically formalized and an electronic mail
will be automatically sent to the User. At that time, the payment of the Total
Price will be managed.

 

d. SWAYS will send to the Owner of the Installation the information
provided by the User relative to his name, surnames, address and profile
picture (in the case that it has been uploaded).

 

e. The User may request the reservation of a sport activity with a
maximum advance of seven (7) calendar days and with a minimum advance of twelve
(12) hours.

 

2. Payment of the Contracted Services.

 

a. The amounts reflected through the Platform will include taxes and
fees that are applicable at all times, and will be expressed in EUROS.

 

b. The User will pay to SWAYS the Total Price that corresponds through
the means of the Platform.

 

c. Once the payment of the Total Price has been formalized, SWAYS will
notify both the Owner and the User. The notification will be carried out by
email and as soon as possible. In the email, SWAYS will include the
documentation legally required in each case.

 

FIFTH.- CANCELLATION
POLICY.

 

SWAYS does not have any policy of cancellations of sporting activities
offered on the Platform.

 

In the event that any of the sports activities offered by the
Installation Owner cannot be carried out, the responsibility to reschedule the
activity or, if applicable, the reimbursement of the amounts paid by the User
rests solely with the Owner. In the event that the User cancels a sports
activity reserved and accepted by the Owner, for whatever reason, SWAYS will
not reimburse the User any amount.

 

SIXTH.- EXEMPTION FROM
LIABILITY.

 

SWAYS will not be responsible, in any case, for the damages suffered by
the Users in the development of the sport activity, although this has been
contracted through the Platform.

 

Likewise, SWAYS will not be responsible, in any case, for the damages
that may be caused in the sports facilities of the Owner during the development
of the activity.

 

The responsibility, in these cases, should be settled between the Owner
and the User.

 

SEVENTH.- INDUSTRIAL AND
INTELLECTUAL PROPERTY.

 

SWAYS states that it is the owner of all the elements of industrial and
intellectual property that are displayed on the Platform, or that they have
been duly licensed.

 

Therefore, the reproduction, exploitation, alteration, distribution or
public communication by any title or medium of all the contents of the SWAYS
website and the Platform for different uses of the legitimate information or
contract by Users is prohibited. of the services offered. In any case, the
prior written consent of SWAYS will be necessary.

 

EIGHTH.- PARTIAL
UNENFORCEABILITY.

 

If any provision of this AGREEMENT turns out to be invalid,
unenforceable or illegal, such provision will be ineffective only to the extent
that it is affected by such prohibition or invalidity, without thereby
invalidating the rest of the stipulations or provisions contained therein, so
the rest of the AGREEMENT will remain valid.

 

The PARTIES will negotiate in good faith a valid, legal and enforceable
clause that replaces the invalid, illegal or unenforceable one in terms as
similar to the original one as possible.

 

NINTH.- DATA PROTECTION.

 

The personal data that the User communicates to the PROVIDER will be
stored and processed by the PROVIDER in accordance with current legislation in
order to manage the relationship with the User and the services provided by it.

 

By signing this CONTRACT, the User gives his consent to the treatment by
the PROVIDER of said data, as well as those provided during the provision of
services. The User authorizes the transfer of the registered data only when
this is necessary for compliance with the obligations under this agreement, and
finally, the authorization for its conservation during the terms provided in
the applicable legal provisions.

 

In no case and under no circumstances will such data be transferred or
sold to third parties or used for any other purpose than that expressed,
without the prior consent of the User, except when required by the competent
authorities through the procedures established by current legislation.

 

In compliance with the provisions of current legislation on the
protection of personal data, Regulation (EU) 2016/679 of April 27, 2016 (RGPD),
Organic Law 15/1999 of December 13 (LOPD) and the Royal Decree 1720/2007 for
the development of the LOPD, the personal data provided will be processed by
the PROVIDER (Responsible for Processing). The purpose of data processing will
be the maintenance, development, control and execution of the contractual
relationship that, within the framework of the provision of the services that
are identified in the object of the contract, maintain with the User. The data
will be kept for the duration of the commercial relationship. Once this benefit
has been fulfilled, personal data will be saved, duly recorded, according to
what is established by the current sector regulations. The transfer of data to
third parties is not foreseen unless there is a legal obligation.

 

The interested party is informed that he has the right to withdraw the
consent to process the data at any time and that, if he exercises this right,
he will have to proceed with the termination of the contract in the terms set
out in the same position as the data processing is essential for the execution
of the contract. Likewise, you can exercise the rights of access,
rectification, deletion and portability of your data and those of limitation or
opposition to treatment by contacting the PROVIDER with address at 59, rue de
Mezieres, 08000 Prix-Les-Mezieres (France), Barcelona, or by sending an email
to contact@sways.app.

 

If you consider that the processing of personal data does not comply
with current regulations, you have the right to file a claim with the Control
Authority (www.agpd.es).

 

The PROVIDER is responsible for having implemented the security measures
that apply, by virtue of what is established in the current data protection
regulations.

 

All the staff of the PROVIDER will have knowledge of the regulations
regarding data protection, at the moment in which they proceed to treat the
information owned by the client.

 

TENTH.- JURISDICTION AND
APPLICABLE LAW.

 

In
everything that is not foreseen in this contract, the provisions of the Spanish
Civil and Commercial Order Law will be followed, the PARTIES agree to submit,
in case of conflict arising from the interpretation and execution of this
contract, to the Judges and Tribunals of the city of Barcelona .