In short…
The following key points of these Terms of Use are brought for your convenience only. They do not substitute the full Terms.
The Service is an online platform for users looking to participate in recreational sports events, where they can discover, book and join events at venues. The platform also enables venue owners to offer their venue for booking by recreational sports users, and to manage their overall bookings made on or off the App.
Exsportia is owned and operated by Enya Estates LTD.
Privacy
We respect your privacy as further explained in our Privacy Policy.
Fees
Downloading, installing and using the App and or white label venue Apps is free of charge. Certain sport events, venue bookings or specific services offered by other users within the App may be subject to fees determined by the users or venues offering them. Cancellations are subject to the Thailand Consumer Protection Regulations and set forth by the respective venues using the platform for their respective customers (Cancellation of a Transaction).
Intellectual Property
All legal rights in the service, including all intellectual property rights, are Exsportia’s. Obviously, we don’t own the users’ or venues’ content.
Content of Third Parties
We do not claim ownership over content that originates from users, venues or third parties. However, you give us permission to use content that you share through the service such as text, photos, videos etc., in order to provide the service and its features.
Removal of Inappropriate Content
If you find any content within the App that infringes these Terms of Use, please report it to us at support@exsportia.com.
Remove Infringing Content
Requests to remove content that infringes the copyright of others must be made in accordance with our Copyright Policy.
Age Restriction
You must be 13 years of age or older in order to use this service.
Disclaimer of Warranty
The service is provided for use as is. We disclaim all warranties and representations with respect to the service.
Limitation of Liability
To the maximum extent permitted by the applicable law, we – and anyone acting on our behalf – will not be liable for any damage or loss, arising from the use or inability to use the service.
Law & Jurisdiction
Any dispute regarding these Terms and your use of the Service shall be governed by the laws of the Kingdom of Thailand. Any Dispute shall be adjudicated under the exclusive jurisdiction of the courts of Bangkok, Thailand
… and in detail
Welcome to Exsportia, an online platform for recreational sports events (the “Service”). The Service is owned and operated by Enya Estates Co,. Ltd. (“Exsportia”, “we”, “us” and “our”). The Service is available through our website application and through our designated mobile applications (the “Apps”).
Please read the following Terms of Use (the "Terms") carefully. By installing, signing up to, accessing, using or posting content on the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.Use of the Service may be subject to additional terms and conditions that govern the use of Apple devices, application marketplaces or other services that interact with the App. You alone are responsible for complying with such additional terms and conditions.
Our Privacy Policy incorporated into these Terms by reference and constitutes and integral part of them. For additional information you may refer to our Privacy Policy.
ABOUT US
Exsportia is an online platform for recreational sports events such as tournaments, leagues, sports games, training groups and sports classes (each, an “Event”). The Service enables users like you (“Players”) to discover and register to various Events, join amateur leagues, invite and being invited to Events and book venues offered through the App.
If you own a venue suitable for hosting Events, such as basketball or tennis court or space which may be used by Yoga and Pilates groups, etc. (each, a “Venue”), or if you wish to offer one of more Events, then then you may sign up to the Service and offer Users your Venue or Event for booking through the App. In such a case, you will be referred to as a “Host”. The platform also enables Hosts to manage their overall bookings made on or off the App.
Players and Hosts will all be referred together as “Users”.
When signing up to an Event or booking a Venue, you may be asked to accept the Host’s terms and conditions governing your sign-up or participation in the Event or Venue.
Hosts will be able to connect to Exsportia’s payment providers partners where revenue generated from the host’s customers will be processed and settled directly with the hosts preferred payout bank.
Hosts will be charge a booking fee for all online transactions, this fee will be determined and agreed in the Terms of service agreement. Exsportia will collect this fee on invoice at the end of each calendar month from said host.
The Host agrees that Exsportia will have access to view and monitor all financial data of said venue to monitor and provide support. This data will also be used to confirm the host is in good standing and is of approved risk for both Exsportia and any payment processing partner they are connected to.
DISCLAIMERS ABOUT CONTENT, EVENTS AND VENUES
AS THE PROVIDER OF THE SERVICE, EXSPORTIA DOES NOT OWN, CREATE, SELL, RESELL, PROVIDE, CONTROL, MANAGE, OFFER, DELIVER, OR SUPPLY ANY EVENTS OR HOST SERVICES, NOR IS EXSPORTIA AN ORGANIZER OR RETAILER OF SPORT PACKAGES UNDER DIRECTIVE (EU) 2015/2302.
MOST OF THE CONTENT PRESENTED THROUGH THE APP ORIGINATES FROM OTHER USERS OF THE APP, NOT US (“CONTENT”). WE DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT’S ACCURACY OR RELIABILITY, AS WELL AS FOR THE AVAILABILITY OF THE EVENTS.
WE DO NOT GUARANTEE AND MAKE NO REPRESENTATION OR JUDGMENT ABOUT THE ACCURACY, ADEQUACY, COMPLETENESS, CREDIBILITY, AUTHENTICITY, VALIDITY, INTEGRITY OR LEGALITY OF THE CONTENT AVAILABLE IN THE APP.
WE ALSO DISCLAIM ANY RESPONSIBILITY FOR THE VENUES’ SUITABILITY TO HOST EVENTS, ITS CONDITION, QUALITY, AND FACILITIES. HOSTS ARE SOLELY RESPONSIBLE FOR THE CONTENT THEY MAKE AVAILABLE THROUGH THE APP AND FOR THE CONSEQUENCES ASSOCIATED WITH POSTING CONTENT ON THE APP, AND PLAYERS ARE SOLELY RESPONSIBLE TO REVIEW AND CHOOSE THE VENUE THAT SUITS THEIR NEEDS.
ANY AND ALL COMMUNICATIONS BETWEEN YOU AND OTHER USERS THROUGH THE APP AND ANY COMMUNICATIONS BETWEEN PLAYERS AND HOSTS, AND OTHER CONSEQUENCES RESULTING FROM THEM, ARE STRICTLY BETWEEN YOU AND THE RELEVANT USER OR HOST. WE ARE NOT A PARTY TO THOSE COMMUNICATIONS OR INTERACTIONS AND WE ARE NOT RESPONSIBLE FOR ANY RESULTS DERIVED THEREFROM.
THE RELEVANT HOST ARE SOLELY RESPONSIBLE FOR THE ACCURACY, ADEQUACY, COMPLETENESS, CREDIBILITY, AUTHENTICITY, VALIDITY, INTEGRITY OR LEGALITY OF SUCH THE CONTENT THEY POST (INCLUDING FEES, PRICES AND GEAR OR VENUE IMAGES AND DESCRIPTIONS), FOR PROVIDING PLAYERS THE GEAR RENTED OR BOOKED VENUES (AS THE CASE MAY BE), AND PROCESSING REFUNDS, RETURNS AND EXCHANGES (IF AND WHERE APPLICABLE).
YOU ARE SOLELY RESPONSIBLE FOR:
• RELYING ON ANY CONTENT;
• DETERMINING WHETHER AN EVENT YOU SIGN UP FOR OR A VENUE YOU BOOK, IS SUITABLE TO YOUR NEEDS, REQUIREMENTS, AND PREFERENCES; AND
• DETERMINING WHETHER INSURANCE COVERING YOUR PARTICIPATION IN AN EVENT IS NEEDED OR OTHERWISE DESIRABLE TO YOU, AND PROPERLY OBTAINING SUFFICIENT INSURANCE COVERAGE.
Please note that for certain Events or Venues, bookings made through the App are merely requests which the Host does not confirm or guarantee until you receive explicit confirmation for the booking.
REGISTRATION
Players may use the Service without registering.
Hosts must sign up for the Service and create a Host account through the App. When creating a Host account, you will be required to provide us with certain information, including information regarding the Venue or Event you wish to offer through the Service.
Once registered as a Host, you may access the Service using your account username and password. Make sure to select a strong password, and to change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details and may not provide or disclose them to anyone else. You agree to inform us of any unauthorized use of your account that you become aware of.
False information
If we believe that the information you provide during registration process is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your Host account or your access to the Service.
Additional Information
We reserve the right to request additional information to verify your identity, during the registration process or throughout your use of the Service.
YOUR PRIVACY
We respect your privacy. Our Privacy Policy, which is combined into these Terms, explains our privacy practices. We encourage you to read it carefully.
FEE-BASED SERVICES
Fee based Services
Use of the App is free of charge. However, booking an Event or Venue may be subject to fees at the rates and schemes determined and posted by the Host on the relevant pages of the Service ("Fee-Based Booking"). Fee-Based Booking can only be paid by credit card, or one of the other payment methods we establish from time to time.
Currency and Rates
Fee-Based Bookings are chargeable in the local currency of the country from and in which you use the Service. Failing to settle your payments for Fee- Based Bookings will prevent you from continuing to use the Service, without regard to any other remedies available to us under applicable law.
Cancellations
Refunds and cancellations are per the terms determined by each Host for a Venue or Event. If the User who booked the Venue or Event is entitled to a full or partial refund as a result of the cancellation, we will refund that amount to the User and remit only the non-refundable portion to the Host.According to the Thailand Consumer Protection Regulations (Cancellation of a Transaction), a Player may cancel Fee Based Booking if the cancellation is made within 14 days of date the Player made the booking, provided that the cancellation is at least 14 days prior to the date of the booked Event. For cancellations made within this timeframe, the Host may only charge a cancellation fee of 5% of the Fee Based Booking or the sum of 1000 THAI BAHT (as converted to the relevant currency being used in the country where the booking was made), whichever is the lowest in the relevant case. Cancellations made outside this timeframe are at the discretion of the Host.
Hosts
Hosts are solely responsible for determining the price for booking the Venue or Event. Once a User makes a booking, you may not request that the User pay a higher price for that booking.
When we receive payments from Users, we hold such payments in our custody until the end of the month (“Custody Period”) whichever is later. Once a Host has gone through the very first Custody Period, the host can change the Custody period to be one week rather that one month.
We remit the relevant payments to the relevant Host for each Venue or Event booking actually paid for during the Custody Period, provided that the booking can no longer be cancelled. Hosts will be entitled to receive payment only after the Custody Period, and only if a User has booked and actually paid for the Venue or Event booking.
If a cancellation request was made during the Custody Period, we will process the cancellation request per the cancellation terms determined by the Host for that Venue or Event. If you are a Host, you must comply with the consumer protection regulations when you determine you cancellation policy. Your cancellation policy must not be stricter for the Player than the rules mentioned in the ‘Cancellation’ paragraph above.
For Fee-Based Booking were being paid through the App, the Host will receive the payments for them following the end of the month – for example, payments for bookings made in February will be delivered by us to the Host around the first of March. Payments will be remitted to the Host after deduction of any fees refundable to Users, as per the previous paragraph. We also charge Hosts a commission at the rates and schemes presented during registration, but only for bookings made and actually paid for by Users.
The information documented in our systems and records, such as the bookings and payments for Events and Venues, will be used to determine the Host’s eligibility for payment. This information is final and non-contestable.
The Host is solely responsible for reporting such income to the relevant tax authorities, and paying all taxes applicable to the payout, as required by the applicable tax laws. If we request from a Host, he or she will promptly complete and submit to us all tax forms, tax certificates or tax authorizations we deem necessary, under the applicable tax laws. Payments accumulated in the Host’s account are non-transferable and non-assignable. Hosts are not entitled to any interest or linkage differentials on payments accumulated in their account.
PROMOTIONAL CONTENT
Promoted Content
You may receive promotional in-app messages from Hosts based on your use of the Service and your preferences. We will allow Hosts to promote their Venues and Events only once a month. You may choose to discontinue to receive Hosts’ promotions through the App’s settings at any time.
USE OF THE SERVICE
Permissible use
If you are a User, you may use the Service (including the App) only for your personal, non-commercial purposes. If you are a Host, you may use the Service (including the App), only for the purpose of offering and managing your Venue, Event and their bookings.
Prohibited use
When using the Service, you must refrain from:
• Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries;
• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;
• Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
• Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
• Collecting, harvesting, obtaining or processing personal information regarding the Service’s users, without their prior explicit consent;
• Abusing, harassing, threatening or intimidating other users of the Service;
• Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;
• Uploading to or making available on the Service content which may be considered as:
o Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
o Identifying minors, their personal details or their address and ways to contact them;
o Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
o Constituting a violation of a person's right to privacy or right of publicity;
o Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
o Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
o Otherwise prohibited by any applicable law.
If you are a Host, then the you must also refrain from:
• Offering Venues that you do not have permission to make available as a sports or activity venue through the Service;
• Offering a Venue or Event which is not suitable for Users or may pose unreasonable risk or harm to them;
• Offering Venues or Events that do not match the description and images you provide for that Venue or Event.
Users are solely responsible for the content they make available through the Service and for the consequences associated with doing so.
DAMAGE TO VENUES
Players are solely responsible for using Venues carefully and respectfully, and for leaving them (including any additional products, tools or equipment available in them) in the same condition as on your arrival.
INTELLECTUAL PROPERTY
Our Intellectual Property
All rights, title and interest in and to the App and the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any content that originates from Users, are the exclusive property of Exsportia and its licensors. This including the App’s design, graphics, computer code, “look and feel” and Exsportia’s domain names.
Restrictions
You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the App or the Service or any part thereof, in any way or by any means.You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.
CONTENT; RANKINGS
License
We do not claim any ownership over your Content or other Users’ Content. However, you grant us an irrevocable, perpetual, world-wide, royalty-free, sub-licensable and assignable license to copy, reproduce, create derivative works of, distribute, broadcast, make available and communicate to the public your Content in order to provide the Service and its features.
Your Content is Public
Any Content that you provide through the Service may be available to all Users.
Links
The Service and the Content may include links to other online resources that third parties provide. We do not operate or monitor these online resources or their content. We assume no responsibility or liability for such third party content or their availability.
We encourage respectful behavior
If you find any Content on the App that violates these Terms of Use, please use the report link or report user buttons. You may also submit a feedback by contacting us at: support@exsportia.com. We will review every request and take action as we deem necessary.
Blocking Content
We may, but are under no duty to, review content made available through the App. We may, in our sole discretion, temporarily or permanently delete or block access to content, if we find such content in violation of these Terms.
Ranking
The Service automatically ranks Users participating in sports, according to their ranked skills in the sport, based on their performance reported by them and their fellow Users. Users agree that these rankings be used to propose opponent matches to Users of similar rankings.
REQUESTS TO REMOVE COPYRIGHTED CONTENT FROM THE SERVICE
Requests to remove Content due to copyright infringement must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post Content on the Service, we will review the request and take action as necessary.
AGE RESTRICTION
If you are under the legal age of maturity in your jurisdiction (normally 18 years), then you must obtain permission from your parent or legal guardian to accept these Terms. By using the Service, you declare to us that you have obtained it. If you are under the age of 13 you may not use the Service in any way.
TERMINATION
Terminating Your Account
You may, at any time, request to terminate your account by contacting us at support@exsportia.com. Please note that merely uninstalling the App won't delete your account and its details, including all the information associated with it, which would still remain on our systems.We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service; and we will not be liable to you for termination of access to the App.
Operation of the Service
We may at any time discontinue or terminate the operation of the App or the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.
CHANGES
Changing the Service
We may, at any time and without prior notice change the layout, design, scope, features or availability of the App and the Service.
Changing these Terms
We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the App after the effective date of the amended Terms constitutes your consent to the amended Terms.
DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE,COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, ENHANCED GOODWILL OR EXPECTED BENEFITS.
WE DO NOT WARRANT THAT (1) THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE APP WILL ALWAYS BE AVAILABLE OR FREE FROM MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE, THE EVENTS AND VENUES OR OTHER CONTENT OR PRODUCTS AVAILABLE THROUGH OR IN THE APP, WILL MEET YOUR EXPECTATIONS; (4) THE CONTENT PRESENTED THROUGH THE APP WILL BE ACCURATE, BENEFICIAL OR RELIABLE; (5) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.
NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE APP, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.
YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE APP IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BODILY INJURY OR OTHER DAMAGE CAUSED BY PARTICIPATING IN AN EVENT ORGANIZED THROUGH THE APP, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APP, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE APP, OR FROM ANY COMMUNICATION THROUGH THE APP, OR WITH OTHER USERS ON THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE APP.
IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON’S RIGHTS.
INDEMNIFICATION
To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of the Service and the App, your breach of these Terms or infringement of any other person’s rights.
APPLICATION MARKETPLACE
Your use of the Service may be subject to additional third party terms and conditions that govern that application marketplace from which you downloaded the App, such as Apple’s Appstore or Google Play for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.
The following terms apply if you downloaded an App from Apple's App Store. You and we agree and acknowledge as follows:
These Terms are concluded between yourself and us, and not with Apple Inc. ("Apple"). Apple is not responsible for the App. In the event of a conflict between these Terms and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.
The license granted to you for the App is limited to a non-transferrable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.
In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the App or your possession and use of the App infringes that third party’s IP Rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.
You must comply with applicable third party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a“terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
GOVERNING LAW, JURISDICTION
The Terms, and any dispute, claim or controversy between you and us regarding these Terms or your use of the Service (a “Dispute”), shall be governed by the laws of England & Wales without regard to its conflict of laws provisions. Any Dispute shall be adjudicated under the exclusive jurisdiction of the courts of London, England.
Notwithstanding anything to the contrary in this section, Exsportia may lodge a claim against you: (a) pursuant to the indemnification clause above, in any court adjudicating a third party claim against us; and (b) in connection with the infringement (or alleged infringement) of any Exsportia intellectual property right, in any court of competent jurisdiction having personal jurisdiction over you.
GENERAL
Assignment
You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.
Changes in Ownership
In the event of M&A, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.
Severability
If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.
Interpretation
The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construing of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.
Entire Agreement
These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.
Waivers
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.
Relationship
These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.
CONTACT US
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: support@exsportia.com, or through our online contact form.
Effective Date: January 1st 2024.
