Hasta La Pista B.V.

These terms of use (hereinafter: "Terms of Use") describe the conditions under which use can be made of the (mobile) application named Hasta La Pista provided by Hasta la Pista BV to Users via the app stores of Apple & Google for planning and booking padel matches (hereinafter: 'App').

The App is managed by Hasta la Pista BV, registered with the Chamber of Commerce under number [number] and having its office at Hammarbystraat 201, Amsterdam (hereinafter: HLP). For questions about the App or these Terms of Use, you can contact us via the email address info@hastalapista.nl.

1 Applicability

1.1 These Terms of Use apply to the use of the App developed by HLP.

1.2 By using the App (including downloading and installing it), the user of the App (hereinafter: "User") agrees to these Terms of Use and any additional terms/adjustments necessary to ensure the proper operation of the App.

1.3 These Terms of Use and the privacy policy (Link to privacy terms) of Hasta la Pista can be consulted, downloaded, and printed via the linked page, so that they can be saved or printed. The User can also request a written copy from HLP via the contact details provided in this document.

1.4 If the App uses third-party services, the general terms and conditions and the privacy policy of the respective third parties also apply. HLP is not responsible for the services and the privacy and cookie policy of third parties.

1.5 If the App allows participation in (promotional) actions, additional terms and conditions may apply. To the extent that these additional terms and conditions conflict with these Terms of Use, the additional terms and conditions of the respective (promotional) action shall prevail.

1.6 HLP may amend these Terms of Use from time to time. It is therefore advisable to review the Terms of Use from time to time.

2 App User Rights

2.1 To use the App, the User must download the App via the Apple App Store, Google Play store, visit the website, or download the App via an online platform. The User is obliged to download and/or use the App in accordance with these Terms of Use and the terms of the provider from which the User downloaded and/or visits the App. There may also be terms and conditions of the provider of the equipment, such as a smartphone or tablet, through which the User uses the App, applicable to the use of the App by the User.

2.2 HLP grants the User a non-exclusive, non-sublicensable, and non-transferable right to use the App for personal use from the moment of registration. The User is not permitted to use the App for commercial purposes.

2.3 The User may not make the App available to third parties (including providing login details), sell, rent, decompile, subject to reverse engineering, or modify the App without prior written consent from HLP. Nor may the User remove or circumvent technical provisions intended to protect the App.

2.4 HLP has the right at all times to modify the App, change data, or delete data, deny the User the use of the App by terminating the right of use, restrict the use of the App, or deny access to the App in whole or in part, temporarily or permanently. HLP will inform the User accordingly in an appropriate manner.

2.5 HLP makes every effort to keep the App functional for the User's benefit but does not guarantee that the App will always remain available in the future and always work flawlessly.

3 Registration, registration, and use of the App

3.1 After downloading the App, the User is offered the opportunity to register via the App by following the instructions provided for this purpose. The data requested, such as name and email address, may be required to use the App. The privacy policy (…link to privacy policy) of HLP applies to the processing of personal data via the App. Only fully and truthfully completed registrations will be processed. In the event of any changes to this information, the User must update the information in the application.

3.2 The use of the App is at the User's own expense and risk.

3.3 If the User is under 16 years of age, he/she must have the consent of the parent or legal representative to use the App. By accepting these Terms of Use, the User guarantees that he/she is 16 years of age or older or that he/she has the consent of the parent or legal representative.

3.4 The App functions only with the necessary equipment and (internet) connections. In order to use the App, the User must provide the necessary equipment, system software, and (internet) connection at his/her own expense.

 3.5 To prevent abuse and/or malfunctions and other problems, the User must ensure that the equipment and connections are sufficiently secured, for example, against unauthorized use by third parties and viruses.

3.6 The User guarantees HLP that the equipment and connections used do not cause any damage to HLP or third parties and do not infringe the rights of Hasta la Pista B.V. or third parties.

 3.7 The User shall at all times observe the name and reputation of HLP and ensure that his/her use of the App does not in any way damage the rights and/or reputation of HLP.

4 Posting content by User

4.1 If the User can provide information, data, images, chat messages, and other content via the App ("Contribution"), the Contribution shall in no case have illegal or offensive content (including sexist, pornographic, racist, and discriminatory content) or otherwise infringe on the privacy of third parties. In that case, the User guarantees that the Contribution via the App does not infringe (intellectual property) rights of third parties and indemnifies HLP for all possible claims by third parties as a result of posting a Contribution via the App.

4.2 By submitting a Contribution by the User via the App, the intellectual property rights and/or similar rights therein - to the extent they are vested in the User - are transferred to HLP, without HLP owing any compensation to the User. To the extent that a further deed is required for this transfer, the User shall, at the first request of HLP, provide all cooperation thereto. To the extent the transfer of intellectual property rights and/or similar rights to the User's Contribution is not possible, the User hereby grants to HLP an exclusive, irrevocable, sublicensable, and transferable license for the use of the Contribution. The User hereby waives, to the extent permitted by applicable law, any moral rights he may have in the Contribution. By transferring or licensing the User's Contribution, HLP is authorized to use and exploit the Contribution without limitation via any media and in any form, including through television programs and websites.

5 Intellectual Property Rights

5.1 All intellectual property rights and/or similar rights in the (content of the) App, including the data contained therein, the underlying software, images, texts, and video and audio clips, are exclusively and solely owned by HLP or its owners. Without prior written permission from HLP, it is not permitted to copy any part/content of the App or to disclose, exploit, or otherwise use it in (un)modified form.

5.2 If, in HLP's opinion, it is plausible that the App infringes on any third-party rights, HLP is entitled, at its discretion, either to provide equivalent content or to immediately cease the provision of the App. Any further liability, obligation to perform, and/or obligation to compensate for damages is excluded.

6 Liability

6.1 The App is compiled with the utmost care. However, HLP cannot guarantee that the App will always be available or work without interruption, errors, or defects, and that the information provided is complete, accurate, or up-to-date. HLP reserves the right to temporarily or permanently discontinue the App (without notice), without the User being entitled to any rights therefrom.

6.2 HLP is not liable for any damages or costs resulting from the equipment and connections of the User, including - but not limited to - damages resulting from non-delivery, delay, manipulation, or interception of the delivery of electronic messages and/or the functionalities of the App or the improper functioning of the App and resulting damages.

6.3 HLP is not liable for (the accuracy of) information, Contributions, and other materials or expressions that Users or third parties place or provide through the App. HLP reserves the right to (unannounced) remove certain information, Contributions, or other materials or expressions placed on the App.

6.4 HLP provides no guarantee regarding the use of the App or its content, and HLP is not liable for any damage or injury resulting from the use of the App or its content.

6.5 The exclusions of liability of HLP mentioned in this article and these Terms and Conditions also apply to all helpers and third parties engaged by HLP.

6.6 The limitations of liability as mentioned in this article shall cease to apply if the liability for damages is the result of intent or gross negligence on the part of HLP.

6.7 The User indemnifies HLP against all possible claims from third parties as a result of the use of the App, the non-performance or improper performance of legal or contractual obligations towards HLP, another user of the App, or a third party. The User shall reimburse HLP for all damages and costs suffered by HLP as a result of such claims.**

7 Privacy and Cookies

7.1 When processing personal data, HLP complies with applicable regulations, including the General Data Protection Regulation. The manner in which CC handles the personal data of Users is described in the privacy statement (Link privacy terms). 

7.2 HLP uses the personal data of the User for the following purposes: a) to make the App function, b) to allow the User to use the various features within the App, c) to tailor the App to the personal preferences of the User, so that the User does not have to enter his/her data repeatedly, d) to further develop and improve the App, e) for statistical purposes, f) to offer the User promotions and benefits related to the services and products of HLP via the App on the condition that the User has given consent, g) to send push notifications via the App with offers, tips, and benefits if permission has been given.

8 Termination of use of the App by the User

 8.1 The User can terminate the use of the App at any time by deleting or uninstalling the App from his mobile device or by no longer using the application.

9 Use of third-party equipment and software

9.1 The use of (mobile) equipment and software from third parties that may be required for using and/or visiting the App is subject to the terms and conditions applicable to these third parties. The User is responsible for complying with the applicable terms and conditions for third parties. The terms and conditions of, among others, Apple and Google may apply when using the App.

10 Apple

10.1 In addition to these Terms and Conditions, the terms mentioned in this article apply when using Apple equipment and/or software.

10.2 Apple Inc. (hereinafter: 'Apple') is not a party to the agreements between HLP and User and is not responsible for the App and its content. To the extent that the applicable usage guidelines and terms of Apple, available via www.apple.com, are more extensive than or conflict with what is stated in these Terms and Conditions, the applicable usage guidelines mentioned above take precedence over these Terms and Conditions. 

10.3 The right to use in Article 2 of these Terms and Conditions is limited to the use of the App on the equipment authorized by Apple and in accordance with Apple's applicable terms.

10.4 Apple is not obliged to provide any maintenance and support services in connection with the App.

10.5 Apple is not responsible and liable for any direct or indirect damages or costs of the User or third parties, for any reason whatsoever, resulting from the infringement of third-party intellectual property rights or violation of applicable product liability law, consumer law, or any other applicable legal provision.

10.6 By accepting these Terms and Conditions, the User confirms that he/she a) is not a resident of a country subject to an embargo issued by the competent authorities of the United States or designated by the competent authorities of the United States as a 'terrorist supporting country' and b) is not listed on a list of the competent authorities of the United States of 'prohibited or restricted parties'.

10.7 Notwithstanding the provisions of Article 6:145 BW, the User agrees that Apple is a third-party beneficiary with respect to the Terms and Conditions and that Apple has the right to enforce the provisions in the Terms and Conditions in its own name as if it were CC.

11 Google

11.1. In addition to these Terms and Conditions, the terms mentioned in this article apply when using Google equipment and/or software:

11.2. Google Inc. (“Google”)