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 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. An ACTIVE USER is any individual or legal entity that has an active paid subscription on the platform SWAYS.
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. 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 trainer or sport center who provide the sports classes.
c. Verify and publish sports content of the trainer on the Platform and the application.
FOURTH.- MANAGEMENT OF REQUESTS AND PAYMENT OF THE SERVICE.
1. Subscription received.
The subscription 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 User must enter their data in the Platform, which will be communicated to the Owner. In order to manage the subscription, 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. SWAYS will then give access to the user, full access to the owner’s page, including video contents and live classes.
c. The membership will automatically be charged each 30 days.
d. SWAYS will inform the OWNER of the total of active USERS present on the platform, then reverse 88% (100% - 12% commission) of the amount paid by each members to the owner of the page.
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 formalised, SWAYS will notify the Owner. The notification will be carried out by email at the end of each months. In the email, SWAYS will include the documentation legally required in each case.
FIFTH.- CANCELLATION POLICY.
SWAYS does have a policy of cancellations on the first three days of the contract. In the event that any of the offering from the Owner cannot be carried out, he’s responsible to communicate with his members.
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 authorises the transfer of the registered data only when this is necessary for compliance with the obligations under this agreement, and finally, the authorisation 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 Carrer de l'Escar, 26, Barcelona, or by sending an email to email@example.com.
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