1.1.- These terms and conditions regulate the relationship between you or the organization you represent (hereinafter the USER) and NUBAPP APLICATIONS S.L (hereinafter NUBAPP) in relation to (I) the provision of certain services (hereinafter the Services) by NUBAPP to the USERS (II) as well as the access of these to the RESASPORTS platform (hereinafter the Platform) through the different channels enabled for this purpose.
1.2.- NUBAPP is a commercial company constituted in accordance with the laws of Spain, located in Artica (Navarra-Spain), in Calle Madres de la Plaza de Mayo, 44, office 5-2, and registered in the Mercantile Registry of Navarra in volume 1682, sheet 1, page NA-33353. Its N.I.F. is B71145759.
2.1.- The Platform allows access to a series of Services offered by NUBAPP as well as others offered by sports centers (hereinafter "Sports Centers"). In this regard, unless the Services are identified as belonging to NUBAPP, NUBAPP will in no case be responsible for the accuracy, truthfulness or correct provision of them which in any case will be the responsibility of the Sports Center or specific third party that publishes, shares or makes them accessible through the Platform.
2.2.- Among the services accessible on the Platform, some of the following can be found (without prejudice to the fact that the following list can be replaced or extended at the discretion of NUBAPP):
- The reservation of sports facilities of the different Sports Centres that make the use of their sports facilities available to the public through the reservation system offered by the system.
- Benefit from the offers, products and/or promotions offered either by NUBAPP or by the Sports Center such as (vouchers, season tickets, product discounts...).
- Information and management of your registration in the different activities, courses and events organized by the Sports Centers.
- Purchase of products available in the online stores of the Sports Centres or third parties (season tickets, vouchers...).
-Interaction with other USERS.
2.2.- The USERS and some of the Services offered by third parties or by Sports Centres may need to provide certain information. In this regard, the accuracy and truthfulness of the data and information accessible by the USERS are the responsibility of whoever shares them, so NUBAPP does not guarantee and expressly disclaims any responsibility for the truthfulness, accuracy, legality, validity and timeliness of the information and content that USERS may access through the Platform.
2.3.- NUBBAPP does not guarantee that USERS will be able to access certain functionalities of the APP which may be subject to access through the latest version of the APP or in its web browser version.
3.1.- CONCEPT OF USER AND ACCEPTANCE OF TERMS AND CONDITIONS
3.1.1.- The USER is understood to be the natural or legal person who accesses, navigates, uses, participates or reserves the Services accessible through the Platform.
3.1.2.- The mere use of the platform and / or services provided by NUBAPP, implies full acceptance of these terms and conditions.
3.2.- USERS' OBLIGATIONS:
3.2.1.- The USER undertakes to use the Platform, the Services and the contents thereof in accordance with these terms and conditions, and with any obligations established in the Platform, and also undertakes to act in accordance with the law, good customs and the requirements of good faith. It is expressly forbidden to perform any action that may damage the interests or rights held by NUBAPP and / or third parties, in relation to any content and / or elements that make up the Services.
3.2.2.- Any use other than that which is authorised and/or normally expected of the Platform and Services is expressly prohibited.
3.2.3.- NUBAPP invites all USERS to participate by submitting their comments on the Platform. The comments made may be moderated after the event, a circumstance which the USER is aware of and expressly accepts without reservation. In no case are the comments reviewed or moderated prior to publication and therefore NUBAPP is not responsible for any violations that the author of the comments may have made.
3.2.4.- Those participations that in the opinion of NUBAPP violate any type of regulation, especially that relating to the protection of personal data, intellectual property or the right to honour and privacy, or those comments that may be considered out of place, not related to the subject matter or that threaten the honour or privacy of individuals are not allowed. NUBAPP reserves the right to suspend or eliminate the participation in the Platform and the ratings or if necessary remove and modify existing comments, without any notice or prior communication.
4.2.- The USER will be responsible for providing true and current information, NUBAPP being exempt from any responsibility derived directly or indirectly from the falsity and/or inaccuracy of the data provided by the USER.
4.3.- As a consequence of the registration, the USER will have a password that must comply with the security criteria established by NUBAPP. The User agrees to make diligent use and keep the password secret to access these Services. Users are responsible for the proper custody and confidentiality of any identifiers and / or passwords to be used on the Platform and agree not to transfer its use to third parties, either temporarily or permanently, or allow access to others. At any time, through the option "Change Password" the USER may modify their password. In case of any incident that the USER may notice regarding the account or the password, and in case of suspicion that it may have been known by any third party, the USER must inform NUBAPP as soon as possible for its immediate cancellation, since until that time, NUBAPP declines any responsibility for the acts and/or operations that may have been performed in relation to the Services as a result of an incorrect custody of the password.
4.4.- The USERS may request their cancellation as NUBAPP USERS by sending an email with the subject "UNSUBSCRIBE" to firstname.lastname@example.org
5.1.- In general, to use the Services, the USER must be of legal age and have the necessary legal capacity. If the USER turns out to be a minor, he must, if requested by NUBAPP, be able to prove and have the prior consent of his legal representative who will be considered responsible for the acts carried out by the minors in his care. In the absence of consent from the legal representative, the minor must immediately stop using the Services.
6.1.- Some functionalities, services or products offered in the Platform may be subject to economic payment both with NUBAPP and with the sports centers to which the USER is associated. Therefore, when a USER makes a purchase from a sports center for the rental of a resource subject to payment, he/she must pay the price that appears on the screen at the time of booking confirmation. Likewise, the conditions under which such product or service is governed shall be in all cases those set forth herein unless others are expressly established at the time of contracting the product or service.
6.2.- Payment will be made through the payment gateway enabled for this purpose on the Platform. In order to proceed with the payment, the USER must enter the payment details of their credit or debit card or any other means that has been enabled for this purpose in the payment gateway. These data, unless you authorize it to facilitate the payment of future products or services on the platform, will not be stored by NUBAPP and will only be kept by the gateway while payment is made and if necessary, until the end of the withdrawal period, in order to proceed with the refund of the corresponding amounts..
7.1. - NUBAPP is committed to make its best efforts to avoid any errors in the content that may appear on the platform. However, NUBAPP does not guarantee and expressly disclaims any responsibility for the truthfulness, accuracy, legality, validity and timeliness of the information and content of the Services that USERS may access through the Platform, which are the responsibility of the USERS or Sports Centers that publish them. In any case, NUBAPP will be exempt from any liability arising from any errors in the content of the Services, that may appear on the Platform, provided they are not attributable to it.
7.2.- To the extent that NUBAPP is not a party or participates in any way in the exchange of information between the USERS, the reservation of facilities or the development of the sports activity or the provision of services offered by third parties, it will not be responsible either directly or indirectly for any consequences that may arise from the development of these activities. NUBAPP will only be responsible for the services provided by them.
7.3 .- Notwithstanding the provisions of these conditions and in case you may be held liable, NUBAPP limits its maximum liability to the amount of one hundred (100) EUROS.
8.1 .- Without prior and express permission of NUBAPP, it is expressly prohibited to use, reproduce, distribute, publicly communicate, transform or any other similar or analogous activity, the content and elements available on the Platform that are owned by NUBAPP to any third party.
8.2. - In relation to mobile applications or software that could be enabled or made available to the owner of the Platform and Service to access them, NUBAPP grants the USER a non-exclusive, revocable, personal and non-transferable license to use them, in order to access the Platform and/or Service. The maintenance of the license of use is in any case conditioned on compliance with the terms and conditions in force, and the license may be revoked by NUBAPP in case the USER fails to comply with the terms and conditions, all without the need for any prior notice by NUBAPP to the USER and without such circumstance generating any type of compensation in favour of the USER. In case NUBAPP ceases to provide the offered Service, the license on the application will be automatically revoked, without any prior notice or warning to the licensee and without any compensation being required from the licensor.
8.3.- In case NUBAPP releases new versions of the application, it may condition access to the Service to the download and installation of the latest version of the application.
8.4.- The USER agrees to respect the industrial, intellectual and image property rights of third parties when generating their own content on the Platform. Likewise, the USER accepts to be the only person responsible for any infringement of the mentioned regulations that could be caused by the use of works, materials and/or images of third parties without their previous authorization.
8.5.- The USER knows and accepts that by uploading content to the Platform, he grants NUBAPP a free license of non-exclusive use for the maximum time legally possible and with a worldwide territorial scope in relation to any works of intellectual property that he attaches or uses on the Platform, with a sufficient scope for the USER to manage and publicly communicate the content generated by the USERS even for commercial or promotional purposes.
9.1.- Without prejudice to the fact that in the future, these terms and conditions may be offered in other languages, they are currently offered in Spanish.
9.2.- NUBAPP reserves the right to modify the content and scope of the Services, as well as the conditions for their provision.
9.3.- For any incident, doubt or query related to the Services, the USER can contact NUBAPP through the contact form on the website www.nubapp.com or at the email address email@example.com
10.1.- The Platform may contain links to third party websites that do not belong or are not linked to NUBAPP, so the latter does not exercise any control over them, nor is it responsible for their content. In any case, NUBAPP, disclaims any responsibility related to the information, content and / or services provided by such third parties, against any claims of any kind and demands that may be filed in relation to them.
11.1.- LIABLE PERSON OF THE PROCESSING:
In accordance with current legislation on data protection, we inform you that the liable person for processing your data is NUBAPP APLICATIONS S.L. (hereinafter the liable party) located at Calle Madres de la plaza de Mayo 44, Of. 5.2, with telephone number: 948 368 138 and email address firstname.lastname@example.org.
User on the Platform.
Control and execution of the business relationship as a Platform User, which may involve the capture of data such as location, theme from which you connect, to customize the user experience. Management and processing of your registration in the services you have requested. Processing of your orders and requests and compliance with the fiscal, administrative and legal obligations derived from them.
6.1.b) Processing is necessary for the execution of a contract to which the person concerned is a party.
6.1.c) Compliance with a legal obligation: commercial, tax and money laundering regulations.
6.1(f) Legitimate interest
Your data will be kept for the duration of the agreement and/or the service, and after the service has ended, for as long as the liable party has legal responsibility.
Requests for information or consultation. Complaints
To deal with any requests for information, queries or complaints that may be received, with the management and scope that they require.
6.1.a) The interested party gave their consent for the processing.
We will treat your data for the time necessary to attend to and manage your request for information.
Commercial communications and newsletters
Manage the sending of commercial communications by electronic means related to the organization's activities and services (offers, vouchers, personalized services, etc.).
6.1.a) The interested party gave their consent for the processing.
6.1.f) Legitimate interest.
We will retain the data for as long as you wish, to continue to receive such communications and do not oppose it.
If at any time, you are asked to give your permission for the processing of a purpose that requires consent, the non-granting of such permission (or its possible withdrawal at a later date) will not have any consequences for you in any case. Nor will your opposition to the processing of your data for purposes based on legitimate interest (for example, the use of your data as a customer for sending commercial communications) have any consequences.
On some data collection forms, you will clearly see that some fields are marked as mandatory (with an asterisk) while the rest are absolutely optional. Therefore, not filling in optional fields will not have any consequence, and you can fill them in if you are interested in doing so.
In general, unless legally obliged to do so, your data will not be communicated or transferred to any third party without your express consent. In any case, some communications and/or transfers of data to third parties may be imposed by certain regulations. Other communications and/or transfers will be a necessary consequence of the provision of the service (such as communicating your data to the specific sports centre you have requested).
11.4.1. What are my data protection rights? General information.
With respect to the personal data collected for processing, you have the possibility to exercise your rights of access, rectification, suppression and portability. Likewise, we inform you that in certain circumstances, you will have the right to request the limitation or opposition of the processing of your data in which case the person in charge will cease to process them and will only keep them in case there is any regulatory obligation that imposes it or until the prescription of the actions that could concur.
If you want more information about the mentioned rights, we invite you to continue reading or to visit the infographic prepared by the Spanish Agency of Protection of Information accessible through the following hyperlink.
11.4.2.- How and where can I exercise them?
We will be happy to answer any questions or complaints you may have regarding data protection. Likewise, you may address your claim or exercise your rights through any of the contact channels indicated in the heading of this data protection policy. You may also file a complaint with the competent supervisory authority in Spain, the Spanish Data Protection Agency (www.aepd.es).
You can consult additional information on data protection in our data protection policy which is accessible on the website and through the following link.
Article 20 of the General Data Protection Regulation sets out the right of data subjects to receive their personal data provided by them to a liable party in a structured format that is commonly used and machine-readable and that is transmitted to other data processors.
If you are a USER of any of the sports centers where NUBAPP provides its services and, consequently, you were already accessing our services through its platform, you can request the exercise of your right to the portability of your data from the RESASPORTS platform of your center to your new user in our APP through the following link.
14.1.- The partial and/or total nullity of any of the clauses, agreements and/or provisions of these terms and conditions will not affect the validity of the rest of the terms and conditions.
14.2.- Notwithstanding the foregoing, in case any clause, agreement and/or provision of this contract should incur in any cause of invalidity, the parties undertake to modify such clause, agreement and/or provision by adapting it to the law in such a way that the aims and objectives foreseen in the clause, agreement and/or provision in question are met, and undertake to sign, if necessary, the corresponding modification of the contract, which will replace the current wording.
15.1.- The non-exercise by any of the parties of any right that may correspond to them in accordance with these terms and conditions or the legal system, may not be interpreted in any case as a waiver of such right, which may be exercised by the party when he/she considers it convenient.
16.1.- The place of jurisdiction shall be determined by the legal provisions applicable to this legal relationship. In case it is legally possible to choose the jurisdiction and subsequently there is no rule that prohibits the establishment of the jurisdiction by the parties, it is established that all issues that may arise with respect to these Terms and Conditions or the service provided through the website, will be submitted to the jurisdiction of the Courts of Pamplona (Navarra).