Terms

TERMS & CONDITIONS FOR INDIVIDUAL PARTICIPANT

Please read these Terms and Conditions carefully as this is a legally binding contract between ourselves, Openplay Limited (“OP”) and you as an individual (a “Participant”).
As a Participant you wish to use the Open Play booking platform to book sports facilities or training sessions from OP service providers who make their booking systems available on the Platform(“Providers”).
We are together referred to as “Parties”. By clicking on these terms and conditions the Participant accepts them and agrees to be bound by them. The use of the Website is governed by its Terms of Use. To the extent there are any conflicts between these Terms and Conditions and the Terms of Use, these Terms and Conditions shall prevail. The Terms and Conditions are later referred to as “this agreement”.

Information about OP
OP operates the website http://www.openplay.co.uk/ (“Website”). OP is a company incorporated in England and Wales with company number 07720829 whose registered office is at 1 Sekforde Street London EC1R 0BE.
1. Introduction
OP provides an online booking service (“Platform”) enabling Providers to make their booking system available to Participants on the Platform so that they can make bookings (“Bookings”) and pay for them online. The Platform comprises a booking engine and a third party online payment engine as well as a communications and social media hub.

2. Registration

Each Participant must complete the registration form on the Website in order to become registered and provide certain information (“Registered Information”). OP has absolute discretion to decide whether to approve or reject a registration. By registering on the Website, a Participant warrants that he or she is aged 18 or over and is legally capable of entering into binding contracts.

Each Participant is obliged to keep its Registered Information up-to-date and is responsible for any consequences of any failure to do this.

3. Access to the Platform and Payment
A Participant shall be granted the ability to make Bookings on Provider calendars (“Calendars”) via the Platform subject to payment of the agreed booking fee (where relevant and as specified on the booking form).

4. Right to accept or decline
Subject to compliance with the Provider’s published cancellation/postponement policies, the Participant is free at any time prior to making payment of the agreed fee for a Booking (“Booking Fee”) to decline to confirm any Booking at its sole discretion.

The Participant further acknowledges that OP has no liability to it in respect of the failure of a Provider to honour a Booking either before or after payment of the Booking Fee although OP will respond to complaints and seek to deal with these constructively to resolve any issues. Any disputes relating to any Bookings need to be resolved directly between Participants and Providers.

5. Liability

A Participant shall be liable to and shall indemnify OP for any loss, liability, costs (including reasonable legal costs), damages and expenses arising from any breach by he or she of the terms of this agreement and/or any negligent or reckless act or any defamatory conduct.

The Participant acknowledges that OP has no obligation to he or she in any way for the conduct of a Provider, or if relevant, the condition or state of its facilities or quality of its activities and acknowledges that OP does not, and shall not, conduct any due diligence on its Providers.

6. Termination
OP reserves the right to terminate at its sole discretion the registration of any Participant with immediate effect if OP learns that it has committed a material breach of this agreement. OP reserves its right to take such action as it seems appropriate.

7. General

OP may modify these Terms and Conditions from time to time by posting the modification(s) on the Website. Unless otherwise specified by OP all modifications will be effective upon posting.

OP shall not be responsible for any failures of the Platform or other failures on its part where the cause of the failure is the occurrence of any act of force majeure (being an event which is beyond the reasonable control of OP (including but not limited act of God, terrorist event, strike, civil commotion or natural disaster).

The terms of this agreement and any document or policy expressly referred to within its provisions constitute the whole agreement between OP and a Participant and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between OP and the Participant relating to the subject matter.

OP shall be entitled to assign the benefit of this agreement but a Participant shall not be permitted to assign the benefit of this agreement.

The parties acknowledge that, in entering into this agreement they will not have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in this agreement or the documents referred to in its provisions. The Parties agree that the only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be a breach of contract. OP shall have no liability whatsoever to the Participant for any indirect loss such as loss of profit arising from Bookings. Nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.

If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected. If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims) although OP retains the right to bring proceedings against you for breach of this agreement in your country of residence or any other relevant country.

 

Last updated on June 2016