GameOn Active Limited (“GameOn Active”, “we”, “our” and “us”) is a UK limited company, company number 12290086.
This agreement explains the terms and conditions which govern your use of the services provided through our technology platform (the “Platform”).
1 Background and Definitions
1.1 The Platform
Our technology platform comprises the GameOn Active Connect mobile application (“GA Connect”) and the GameOn Active Operate web application (“GA Operate”).
1.2 GA Connect
GA Connect is a mobile application that helps everyone play more sports by connecting players and organisers of sports games (“Events”), which may be downloaded free of charge through the Google Play Store and Apple App Store.
You may be an organiser (“Organisers”), or a player (“Players”), or both. If you are a player, we enable you to search, view, join and pay for Events through GA Connect. If you are an organiser, we enable you to create, host, manage and run Events on GA Connect. We also actively connect organisers to players, and help players find suitable events, by sending event recommendations to relevant players (the “GA Connect Service”).
1.3 GA Operate
GA Operate is a cloud-based web application that helps increase the availability of Events by making it easier for operators (“Operators”) of sports facilities (“Facilities”) to rent out and manage pricing and availability of their Facilities, and for users of Facilities (“Bookers”) to search, rent and pay for Facilities. (the “GA Operate Service”).
1.4 Our Service
Our service (the “Service”) referenced in this agreement comprises the GA Connect Service and the GA Operate Service.
1.5 Our Agreement
We provide the Service to you subject to the terms and conditions set out in this agreement (the “Terms of Service”), as well as the Privacy Policy as referenced here (together the “Agreement”). By using the Service, you are deemed to have agreed to the Agreement. If you are using the Service for an organisation, you are deemed to have agreed to the Agreement on behalf of the organisation and you represent that you have the authority to do so.
1.6 Changes to the Agreement
We may modify the Agreement from time to time by notifying you via email or in the Platform and making the latest version of this and other relevant documents available on our website (gameonactive.co.uk). You are deemed to have agreed to any changes to the Agreement by continuing to use the Service.
2 Your account
You use the Service by creating an account using your email address (your “Account”). You agree not to create an Account with someone else’s email address or use the Service through someone else’s Account.
You may be required to verify your email address to access certain parts of the Service, for example, to create an Event as an organiser.
2.1 Eligibility
The Service is only available to people who are at least 13 years old, and you represent that you are at least 13 years old.
2.2 Suspension of your account
We may suspend or terminate your Account or otherwise deny you access to the Service without notice to you if we determine, in our sole discretion, that you have violated the Agreement at any time.
2.3 Personal data and privacy
Whilst you use the Service we will process (the term process in this Agreement shall have the meaning given by the Data Protection Act 2018, or “UK GDPR”) certain personal data about you.
We take your data privacy very seriously and we refer you to our Privacy Policy which explains in detail what personal data we collect, how we process your personal data, your rights under the UK GDPR and how you exercise them, and other important details about how we treat your personal data.
3 Fees and charges
Certain fees and commissions may be charged during your use of the Service as detailed below.
3.1 Players
3.1.1 Event Fee
The Organiser of an Event, in their sole discretion, may require you to pay a fee (“Event Fee”) to take part in the Event, and may require that the Event Fee be paid in cash at the event, online through a Paypal payment link, or directly through GA Connect.
The organiser is responsible for clearly communicating the amount and method of payment for an Event Fee, and you are responsible for paying the Event fee to the Organiser should you attend the Event.
3.2 Organisers
3.2.1 Payment Processing Fee
We will charge you a fee (“Payment Processing Fee”) for processing Event Fees on your behalf through GA Connect, by deducting the Payment Processing Fee from each Event Fee and transferring the net amount into your registered bank account.
You will find the amount of Payment Processing Fee charged in GA Connect.
We reserve the right to refund any Event Fees to Players if you are deemed to have violated the terms of the Agreement.
3.3 Bookers
3.3.1 Facility Rental Fee
The Operator of a Facility will generally charge you a fee (“Facility Rental Fee”) for rental of their Facility, which is payable directly through GA Operate.
The amount of Facility Rental Fee payable will be communicated to you through GA Operate.
3.4 Operators
3.4.1 Booking Commission
We will charge you a commission (“Booking Commission”) for each booking made and paid for through GA Operate, by deducting the Booking Commission from each Facility Rental Fee and transferring the net amount into your registered bank account.
You will find the amount of Booking Commission charged in GA Operate.
4 Your use of the Service
You accept the following terms when you use the Service:
4.1 Players
4.1.1 Event details and other content posted in GA Connect
We are not responsible for, and do not actively verify, the accuracy or validity of any information or content posted in GA Connect, such as details of Events or information provided through in-app chat messages.
You agree that you will not hold us responsible for any damage or loss caused to you by the inaccuracy or invalidity of content posted in GA Connect.
4.1.2 Behaviour at Events
You acknowledge that participation in Events, which involves playing sports, carry inherent risks such as bodily injury, disability, or death.
As an intermediary connecting you to Events, we are not responsible for any injuries, disabilities or deaths that may occur due to any Event, and you agree to release us from any resulting financial and legal liabilities.
By participating in an Event, you agree that you have freely chosen to assume these risks and agree not to participate in a way that would endanger or otherwise increase the risks to yourself and other Players.
4.1.3 Cancellations and refunds
The cancellation and refund policy for an Event is set by the Organiser, and you agree that you will not hold us responsible for the reasonableness or execution of such policy.
4.1.4 Personalising the Service to you
As described in section 1.1 the Service works by actively connecting Players to Events through personalised event recommendations.
You agree to receive event recommendations, but you can choose how you receive them (in-app, via emails or push notifications) in GA Connect.
4.2 Organisers
4.2.1 Event posted on GA Connect
You agree to not post any false or misleading content that could result in harm or inconvenience to other Players or Organisers using GA Connect.
You agree not to create an Event in GA Connect unless you have secured the necessary Facility booking (whether through GA Operate or otherwise) and run the Event in a way that reflects any expectations set by your description of the it, including any responses you have provided through in-app chat messages.
4.2.2 Use of competitor applications to organise Events
We understand that you may be simultaneously using GA Connect and other competitor applications to organise Events, but you agree not to post Events on GA Connect for the sole purpose of asking Players to join the Event through other competitor applications.
4.2.3 Use of Facilities
Whether you have booked a Facility through GA Operate or otherwise, you agree to comply with any usage rules communicated to you by the Operator of the Facility and agree to not run your Event or allow Players to take part in such a way that would cause damage to a Facility, beyond any wear and tear that can be reasonably expected from playing sports.
4.3 Bookers
4.3.1 Booking Facilities
If you make a booking and pay for a slot at a Facility through GA Operate, a contract arises between you and the Operator, and we are not a party to this contract. You agree that it is your responsibility to ensure you have made the correct booking for your needs.
Cancellation and refund policy at any Facility is set by the Operator, and you agree that you will not hold us responsible for the reasonableness or execution of such policy.
4.3.2 Organiser of the Event
If you make a booking through GA Operate, you agree that you are deemed to be the Booker for the purposes of this Agreement and be bound by these terms, regardless of whether the associated Event is organised by you or another person organising on your behalf, and whether the Event is hosted on GA Connect.
4.3.3 Use of Facilities
You agree to comply with any usage rules communicated (electronically or physically at the Facility) to you by the Operator of the Facility and agree to not run your Event or allow Players to take part in such a way that would cause damage to a Facility, beyond any wear and tear that can be reasonably expected from playing sports.
4.4 Operators
4.4.1 Listing Facilities
You represent and warrants that you have the authority make your Facilities available for rental, and that any Booker’s booking and usage of the Facility in accordance with their booking will not be in breach of any agreements you have entered with any third parties, or any laws and regulations that may apply to you or the use of your Facilities.
You agree that you are responsible to keep accurate and up to date any information about your Facilities posted on GA Operate at all times, including contact details, availabilities, and pricing.
4.4.2 Damages to Facilities
As an intermediary service provider, we are not responsible for any damages to your Facilities that may be caused by any Events associated with bookings we facilitate through GA Operate, and you agree to not hold us liable for any financial or legal liabilities caused by damages to your Facilities.
4.4.3 Taxes
You agree that you are solely responsible for determining and paying applicable taxes (for example, value added tax) in accordance with any relevant laws and regulations.
4.5 General
4.5.1 Third party sites and services
Certain features of the Platform are provided by third-party providers, for example, online payment services. If you use such features, you agree to comply with the terms and conditions of any such third-party providers. We are not a party to your agreement with such third-party providers and will not be liable or responsible for your use of their services.
4.5.2 Warranty and changes to the Platform
The Platform is provided to you as-is and on an as-available basis, and we make no warranty or representation that the Platform will meet your requirements, be fit for your purposes or be compatible with your devices.
We reserve the right to modify or discontinue some or all the functionality of the Platform, with or without notice at any time.
5 Indemnity
You agree to indemnify and hold us and our employees, directors, and shareholders, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of your representations and warranties or this Agreement or the documents it incorporates by reference, your use of the Service and any content you provide, your violation of any law, statute, ordinance or regulation or the rights of a third party.
Without limiting the foregoing, you, agree to indemnify and hold us and our employees, directors, and shareholders harmless from any claim or demand, including reasonable attorneys’ fees, made by any users of the Service or third party due to or arising out of your use of the Service.
6 Law and jurisdiction
This Agreement shall be governed by and construed in accordance with the Law of England and Wales. You and us agree to submit to the exclusive jurisdiction of the Courts of England and Wales.