Terms and Conditions of Use

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

2. Copyright notice

2.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Permission to use website

3.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;

(d) stream audio and video files from our website using the media player on our website; and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

3.2 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.

3.3 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.4 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4. Misuse of website

4.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; or

(h) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Use on behalf of organization

5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organizational project, then by so doing you bind both:

(a) yourself; and

(b) the person, company or other legal entity that operates that business or organizational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6. Registration and accounts

6.1 You may register for an account with our website by completing and submitting the account registration form on our website.

6.2 You must not allow any other person to use your account to access the website.

6.3 You must notify us in writing immediately if you become aware of any unauthorized use of your account.

6.4 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 16; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account;

(b) cancel your account; and/or

at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9. Directory

9.1 We publish a directory of padel coaches and classes on our website.

10. Free directory listings

10.1 You may submit a free listing to our directory by following this process: registering for a free account on our website.

10.2 If we accept your free directory listing submission, it will remain published on our website indefinitely, subject to termination or deletion in accordance with these terms and conditions.

10.3 We may delete a free directory listing at any time, with or without notice to you.

11. Paid directory listings

11.1 You may submit a paid listing to our directory by following this process: registering for a paid account on our website.

11.2 You will have the opportunity to identify and correct input errors prior to making your order.

11.3 Paid submissions include the following benefits: additional benefits as shown on the relevant sign-up page.

11.4 If we accept a paid directory submission, it will remain published on our website on a month-to-month basis subject to payment and subject to termination or deletion in accordance with these terms and conditions.

11.5 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 11.5 before the end of the period in respect of which listing fees have been paid, we will refund to you a portion of those listing fees reflecting the unexpired listing period, such portion to be calculated by us on a pro rata basis using any reasonable methodology.

12. Rules about directory submissions

12.1 Each submission to our directory must be a listing for a padel coach or class.

12.2 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 15 and Section 16, and must comply with the acceptable use rules set out in Section 4.

12.3 You must make a good faith effort to keep your directory submissions up to date using our website interface.

12.4 Your directory submissions must not relate to any unlawful business, product or service; and you must not make any directory submission with a view to conducting any unlawful activity or entering into any unlawful contract or arrangement.

12.5 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions, or that do not meet the additional guidelines for submissions published on our website.

12.6 If we reject or delete a directory submission in accordance with this Section 12, we will not refund any applicable charges.

13. Fees

13.1 The fees in respect of our website services will be as set out on the website from time to time.

13.2 All amounts stated in these terms and conditions or on our website are stated exclusive of VAT.

13.3 You must pay to us the fees, in accordance with any instructions on our website.

13.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

13.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

13.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

13.7 We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.

14. Our role

14.1 You acknowledge that:

(a) we do not confirm the identity of website users or otherwise vet them and you shall do your own independent research on padel coaches and classes including checking certifications;

(b) we do not check, verify, audit or monitor the information contained in advertisements or listings for padel coaches and classes;

(c) we are not party to any contract for the sale or purchase of products or services advertised or listed on the website by users;

(d) we are not involved in any transactions between website users in any way;

(e) we are not the agents for any website users,

and accordingly we will not be liable to any person in relation to any contract or other arrangement between website users; furthermore we are not responsible for the enforcement of any contractual obligations arising out of a contract between website users and we will have no obligation to mediate between the parties to any such contract.

14.2 The provisions of this Section 14 are subject to Section 19.1.

15. Our rights to use your content

15.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

15.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on our website and any successor website.

15.3 You grant to us the right to sub-license the rights licensed under Section 15.2.

15.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 15.2.

15.5 You may edit your content to the extent permitted using the editing functionality made available on our website.

15.6 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

16. Rules about your content

16.1 You warrant and represent that your content will comply with these terms and conditions.

16.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

16.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) be untrue, false, inaccurate or misleading; or

(f) constitute spam.

17. Report abuse

17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

17.2 You can let us know about any such material or activity by email at support@teachmepadel.com or through our contact form on the website.

18. Limited warranties

18.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(d) that the website or any service on the website will remain available.

18.2 To the maximum extent permitted by applicable law and subject to Section 19.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

19. Limitations and exclusions of liability

19.1 Nothing in these terms and conditions will:

(a) limit any liabilities in any way that is not permitted under applicable law; or

(b) exclude any liabilities that are not allowed to be excluded under applicable law.

19.2 The limitations and exclusions of liability set out in this Section 19 and elsewhere in these terms and conditions:

(a) are subject to Section 19.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

19.3 To the extent that any parts of our website, including the information and services on our website, are provided free of charge, we will not be liable for any loss or damage of any nature related in any way to such part.

19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

19.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the lesser of:

(a) $500; and

(b) the total amount paid and payable to us under the contract.

20. Indemnity

20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these terms and conditions.

21. Breaches of these terms and conditions

21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(d) commence legal action against you, whether for breach of contract or otherwise; and/or

(e) suspend or delete your account on our website.

21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

22. Third party websites

22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

22.2 We have no control over third party websites and their contents, and subject to Section 19.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

23. Variation

23.1 We may revise these terms and conditions from time to time.

23.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

23.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

24. Assignment

24.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

24.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

25. Severability

25.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

25.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

26. Entire agreement

26.1 Subject to Section 19.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

27. Law and jurisdiction

27.1 These terms and conditions shall be governed by and construed in accordance with Florida law.

27.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Collier County, Florida, in the 20th Judicial Circuit of Florida.

28. Our details

28.1 This website is owned and operated by Rich Online Ventures, LLC, which is a Florida limited liability company under Document #L21000326340.

28.2 Our principal place of business is at 711 5th Avenue S, Suite 200, Naples, FL 34102.

28.3 You can contact us:

(a) by mail to 1317 Edgewater Dr. #2261, Orlando, FL 32804;

(b) using our website contact form; or