Terms & Conditions — Website & Platform

In these terms and conditions, the following definitions apply:

• SportsFINDR: the company SportsFINDR, registered with the Dutch Chamber of Commerce (KvK) under number 42118211, provider of the Platform.
• Platform: the website, application and all associated services of SportsFINDR, including www.sportsfindr.com.
• User: any natural person or legal entity that visits or uses the Platform, with or without an account.
• Athlete: any natural person who books a sports activity, sports lesson or sports coaching via the Platform.
• Instructor: any natural person or business that offers sports activities, lessons, coaching, guidance or other sports-related services via the Platform.
• Booking: a reservation between an Athlete and an Instructor concluded via the Platform.
• Content: all information, texts, images, videos, reviews and other materials posted on the Platform.

2.1 These terms and conditions apply to every visit to and every use of the Platform, as well as to all agreements between SportsFINDR and Users regarding the use of the Platform.

2.2 For Athletes and Instructors, the Terms and Conditions for Athletes and the Terms and Conditions for Instructors apply in addition. In the event of any conflict between these website terms and the additional terms, the additional terms prevail.

2.3 SportsFINDR may amend these terms from time to time. The most recent version is always available on the Platform. Continued use of the Platform after amendment constitutes acceptance of the amended terms. In the event of material changes, Users with an account will be informed in advance.

3.1 SportsFINDR is an online marketplace on which Athletes can independently find, compare and book Instructors. SportsFINDR acts exclusively as a technical and administrative platform that connects Athletes and Instructors.

3.2 SportsFINDR facilitates the platform, instructor profiles, search and filter functionalities, bookings, payments, communication via the Platform, reviews and ratings, and customer service relating to the Platform.

3.3 SportsFINDR is not a sports school, sports club or training institute. SportsFINDR is not an employer of Instructors, does not give sports lessons, does not provide sports services, does not organise sports activities and does not act as an instructor. SportsFINDR does not facilitate the performance of lessons, sports instruction, safety supervision, certification of instructors or insurance for Athletes or Instructors.

3.4 The agreement for the actual sports activity is concluded directly between the Athlete and the Instructor. SportsFINDR is not a party to this agreement.

4.1 An account is required for certain functionalities of the Platform. The User warrants the accuracy and completeness of the information provided upon registration and keeps it up to date.

4.2 The account is personal and non-transferable. The User keeps login credentials confidential and is responsible for all use of the account. In the event of (suspected) misuse, the User informs SportsFINDR without delay.

4.3 SportsFINDR reserves the right to refuse, restrict, suspend or terminate accounts, including in the event of violation of these terms, misuse, fraud or unlawful conduct.

5.1 The User uses the Platform exclusively for its intended purpose and in accordance with these terms and applicable laws and regulations.

5.2 The User is not permitted to:

• use the Platform for unlawful, misleading or fraudulent purposes;
• infringe the rights of third parties, including intellectual property rights and privacy rights;
• distribute viruses, malware or other harmful software;
• disrupt, circumvent or manipulate the operation of the Platform, including through scraping, automated access or reverse engineering;
• collect or use data of other Users for purposes other than the use of the Platform;
• settle active Bookings that were concluded via the Platform outside the Platform.

6.1 Users are themselves responsible for the Content they post on the Platform. By posting Content, the User grants SportsFINDR a non-exclusive, royalty-free licence to use, display and distribute this Content to the extent necessary for the operation of the Platform.

6.2 Reviews must be truthful, based on actual Bookings and respectful.

6.3 SportsFINDR may remove Content and reviews in the event of insults, discrimination, deception, fake reviews or otherwise unlawful content, or if Content violates these terms.

6.4 SportsFINDR is not obliged to review Content in advance and is not responsible for Content posted by Users, including the accuracy of information provided by Instructors.

7.1 All intellectual property rights in the Platform, including the software, design, texts, logos, trademarks and databases, are vested in SportsFINDR or its licensors.

7.2 It is not permitted to reproduce, publish or reuse parts of the Platform without the prior written consent of SportsFINDR, except to the extent permitted by mandatory law.

8.1 SportsFINDR endeavours to offer the Platform with due care and reasonable availability, but does not guarantee that the Platform will function without errors, interruptions or security risks at all times.

8.2 SportsFINDR may (temporarily) take the Platform out of service for maintenance, modifications or improvements, and may change or discontinue functionalities.

9.1 SportsFINDR is exclusively an intermediary platform. SportsFINDR is not responsible or liable for injuries or accidents, material damage, loss or theft of property, acts of Athletes or Instructors, the quality of lessons or activities, weather conditions, local conditions at the lesson location, or the accuracy of information provided by Instructors; all of the foregoing except in cases of intent or gross negligence on the part of SportsFINDR.

9.2 To the extent that SportsFINDR is nevertheless liable, such liability is limited to direct damage and to the amount paid out in the relevant case under any insurance held by SportsFINDR or — if no payment is made — to the amount of the commission received by SportsFINDR for the Booking from which the damage arises. Liability for indirect damage, including consequential damage, lost profits and missed savings, is excluded.

9.3 Nothing in these terms limits or excludes liability that cannot be limited or excluded under mandatory law.

The Platform may contain references to third-party websites or services. SportsFINDR has no control over these websites and is not responsible for their content or operation.

SportsFINDR processes personal data in accordance with the General Data Protection Regulation (GDPR). More information can be found in the Privacy Policy and the Cookie Policy on the Platform.

SportsFINDR is not obliged to perform any obligation if it is prevented from doing so as a result of force majeure, which includes failures of internet or telecommunications infrastructure, power failures, cyberattacks, government measures and other circumstances beyond its reasonable control.

13.1 If any provision of these terms proves to be void or voidable, the remaining provisions remain in full force. The parties will replace the provision concerned with a valid provision that corresponds as closely as possible to the purpose of the original provision.

13.2 These terms and all agreements with SportsFINDR are governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands.

SportsFINDR — Dutch Chamber of Commerce (KvK) 42118211 — info@sports-findr.com