BOOKAPITCH TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
TERMS OF WEBSITE USE
This page contains the legal terms and conditions that apply to your use of this website www.bookapitch.com (“Site”) and applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”) including by accessing and browsing it, printing, copying and downloading from it, posting to it, linking to or from it or registering with it (“Use”) (collectively, the “Site Terms”). You must read these Site Terms carefully as they apply to your use of this Site or Application.
INFORMATION ABOUT US
This Site and Application is operated by Prodigy Sports Ltd. t/a Bookapitch, registered in Ireland under company number 589561, and having its registered office at Q House, Furze Road, Sandyford, Dublin 18, D18 N248, Ireland (“We”, “Our” or “Us”).
We are an agent (“Agent”) that act on behalf of suppliers, operators or owners of sports venues, facilities, clubs, activities (“Facilities”).
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We ill not be liable to you if for any reason this Site or Application is unavailable at any time or for any period.
Your Use of this Site and Application’s published links, messages, material or information (“Content”) must only be for lawful purposes and must not be in a way that infringes Our or anyone else’s rights or restricts or inhibits ours or anyone else’s enjoyment of this Site or Application.
Your Use of this Site or Application is solely for your own personal use. You may not Use this Site or Application:
- to copy, reproduce, use, re-sell or otherwise deal with any Content on this Site or Application;
- for the purpose of commercially exploiting the Content or any part of it (except where you first obtain a licence to do so from Us or, as applicable, from the relevant nominated partner and in such case, We reserve the right to charge you for such commercial exploitation);
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- for the purpose of harming or attempting to harm minors in any way;
- to modify, distribute or re-post any Content on this Site or Application;
- to reproduce, crawl, frame, link to or deep link into this Site or Application on or from any other website;
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- attempt to gain unauthorised access to any part of this Site or Application, the server on which this Site or Application is stored or any server, computer or database connected to this Site or Application.
You must not:
- attack this Site or Application including attacks via denial-of-service or distributed denial-of service;
- post or distribute any defamatory, obscene messages or Content which may otherwise be unlawful (including that which includes any other person’s proprietary information such as trade marks, copyrighted or confidential information or trade secrets and where you are not authorised by the owner or rights holder to post or distribute such information).
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of the Site or Application;
- any equipment or network on which Our Site or Application is stored;
- any software used in the provision of Our Site or Application;
- any equipment or network or software owned or used by any third party.
You acknowledge that any breach by you of these Site Terms may be a breach of criminal offence under the Computer Misuse Act 1990 (UK) and that We may report such actual or suspected breaches to the relevant law enforcement authorities and co-operate with those authorities, including by disclosing your identity or IP address to them. In the event of any actual or suspected breach, your Use of this Site and Application is to cease immediately or We may terminate it.
The Content on this Site and Application is for the purpose of promoting products and services available in the UK and Ireland and if you choose to Use this Site or Application from outside the UK and Ireland, then you are responsible for your compliance with local laws if and to the extent local laws are applicable.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
ACCESS TO THE SITE AND YOUR ACCOUNT
We permit your Use of this Site and Application on a temporary basis only and reserve the right to withdraw or change the Content or products and services provided on this Site and Application without notice.
You are responsible for making all arrangements necessary for you to have access to this Site or Application and for ensuring that all persons who access this Site or Application through your internet connection are aware of these Site Terms and other applicable terms and conditions and that they comply with them.
To register an account with Us and log into it on this Site or Application, you must provide Us with your email address and a password. Your account details may be used by you to make bookings and payments and when you use your email address, password and account, you are authorising Us to carry out the instructions you have given to Us on the Site or Application.
You are responsible for maintaining the confidentiality of your password and any account registration or activities that occur under your account. You must not disclose your account details or password to any third party. We have the right to disable your account or password at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Site Terms.
If you know or suspect that anyone other than you knows your account details or password, you must promptly notify Us at [email protected].
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site or Application, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site or Application for your personal use and you may draw the attention of others within your organisation to content posted on our Site or Application.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site or Application must always be acknowledged.
You must not use any part of the content on our Site or Application for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print, copy or download any part of this Site or Application in breach of these Site Terms, you agree your Use of the Site and Application is to immediately cease or may be terminated by Us and that you will, at Our option, return to Us or destroy any copies of such Content.
Our Site and Application helps you to find sports activities and locations and to make reservations for these either through links to third parties or through this Site and Application for services and products delivered by suppliers for whom We act as agents. When you make a booking, you are entering into a contract with suppliers via Prodigy Sports Ltd. t/a Bookapitch, not with Prodigy Sports Ltd. t/a Bookapitch.
As such when making a booking for a sports Facility it is your responsibility to seek out and familiarise out the terms for that sports Facility in the instance that they are not otherwise provided to you.
As the Site and Application acts as an interface in your transactions with suppliers in the sport industry, you must be legally authorised to enter into contractual obligations and have the requisite consent or authority to act for or on behalf of any persons included in such transactions. If you are under the age of 18, you must not Use this Site or Application or submit personal information unless you have the consent of, and are supervised by, a parent or guardian. You warrant that all data provided by you is accurate and you guarantee the accuracy of any information entered on this Site or Application by you in relation to a transaction, booking or person whom you represent.
Any Use of this Site or Application by you which is fraudulent or in conflict with these Site Terms shall give Us the right to refuse you access to the products and services offered by Us and sport industry suppliers or to the Site or Application.
Any bookings made by you with third party suppliers (who are not Affiliates) will be governed by the terms and conditions of such third-party suppliers. Any bookings made by you through this Site or Application with Affiliates will be governed by these Site Terms and any other legal notices contained on this Site or Application or any other specific sales terms and conditions which are on this Site or Application and which We draw your attention to during the booking process.
LIABILITY FOR BOOKINGS
Prodigy Sports Ltd. t/a Bookapitch is not responsible for and disclaims any and all liability related to any and all bookings for our suppliers’ Facilities. Accordingly, any bookings that are made by you as a result of using the Site or Application are done so at your own risk and when making a booking you accept all liability for any losses or damages that occur at a Facility as a direct or indirect result of a booking you make for the Facility.
Prodigy Sports Ltd. t/a Bookapitch shall not in any circumstances have any liability for any losses or damages which may be suffered by the supplier (or any person claiming under or through the supplier), whether the same are suffered directly or indirectly or are immediate or consequential, and whether the same arise in contract, tort (including negligence) or otherwise howsoever, which fall within any of the following categories:
- damage, even though Prodigy Sports Ltd. t/a Bookapitch was aware of the circumstances in which such special damages could arise;
- loss of profits;
- loss of anticipated savings;
- loss of business opportunity;
- loss of goodwill;
- any injury or death resulting from a booking that Prodigy Sports Limited t/a Bookapitch facilitated.
PRICING, CHANGES TO BOOKINGS AND CANCELLATIONS
All refunds and cancellations are subject to the Facility’s terms. In general, there are no refunds granted for the cancellation of bookings. A change in time, partial refund or refund is subject to the venue policy and may be granted at the absolute discretion of the Facility.
There may be unforeseen changes to the availability of a slot after a booking has been paid for via the site. In these cases We will do all that is reasonably possible to find an alternative slot, and if none can be found that you would like to accept, a full refund will be processed with 2 business days.
The Facility may cancel or move a booking at any time for reasons beyond Our control. In these instances we will make every effort to gain a refund on behalf of the booker or move the booking to a suitable time.
The price for bookings may change at any time and the information provided on our site may not be correct. We will make every effort to ensure that the correct pricing is provided at the time of booking but cases may occur when the Facility amends their pricing before a booking has started. As such it is our responsibility to pass on the price difference but we accept no liability for any change in price.
As an Agent We reserve the right to charge a non-refundable booking fee to cover our expenses, including (but not limited to) card handling fees.
LINKS TO OTHER WEBSITES FROM THIS SITE
Where our Site or Application contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
OUR LIABILITY AND THE RIGHTS OF THIRD PARTIES
Although We use reasonable efforts to ensure that this Site and Application is free from viruses and other malicious or harmful content, We do not guarantee that your Use of this Site or Application (including any Content on or website accessible from this Site or Application) will not cause damage to your computer or other devices. You are responsible for ensuring that you have the right equipment (including antivirus software) to use the Site or Application safely (and any websites which are accessed via links from this Site or Application) and to screen out anything that could damage or harm your computer or other devices.
We exclude all liability for any loss and/or damages, whether in contract, tort (including negligence), breach of statutory duty, or otherwise which directly or indirectly are caused by or arise from or in connection with:
- your Use of or reliance on the Content on this Site or Application;
- your failure to protect your password or account details;
- this Site or Application being unavailable or inaccessible at any time or for any period;
- delays or interruptions to the delivery of any Content on this Site or Application or any products and services provided by Us on this Site or Application;
- a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your Use of this Site or Application and any Content on the Site or Application or any website accessible from the Site or Application. We assume no liability for the content of websites linked on this Site or Application. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to our Site or Application and any Content on it;
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site or Application;
- use of or reliance on any Content displayed on our Site or Application.
Please note that we only provide our Site or Application for domestic and private use. You agree not to use our Site or Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Site Terms shall exclude or limit Our liability for death or personal injury caused by Our negligence or Our liability for fraudulent misrepresentation fraud, or any other liability that We cannot exclude or limit under applicable law. If any provision in the disclaimers and exclusions from liability contained in these Site Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No third party shall be entitled to enforce any of these Site Terms.
JURISDICTION, APPLICABLE LAW AND LANGUAGE
If you are a consumer user, please note that these Site Terms, its subject matter and its formation, are governed by Irish law. You and We both agree that any matter or dispute arising out of or in connection with Use of this Site or Application (including any contract entered by you with Us through the Site or Application) is subject to the non-exclusive jurisdiction of the courts of Ireland.
If you are a business user, these Site Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland. All contracts shall be concluded in English.
These Site Terms (including, where applicable, Our Privacy Statement) set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
If you have any concerns about any content that appears on this Site or Application, please contact [email protected].