TERMS AND CONDITIONS
The general terms and conditions set out below (hereinafter, the “General Terms and Conditions”) govern the contracting of services provided through the website available under the domain www.wamesports.com and any of its subdomains (the “Website”), as well as the application named WAME Sports (the “Application”), owned by WAAKAT, SL, whose registered office is in Madrid, calle Serrano, number 33, postcode 28001, with tax identification number B-67851287 and contact email address legal@wamesports.com (hereinafter, the “Owner”).
Contracting the services provided through the Website and/or the Application confers the status of user of the Website and/or the Application (hereinafter, the “User”). Companies, businesses and federations using the services provided by the Owner shall be referred to as the “Companies”.
Hereinafter, in these General Terms and Conditions, Users and Companies may be referred to jointly as the “Clients”.
Clients' contracting of services provided by the Owner through the Website and/or the Application implies knowledge, understanding and full, unreserved acceptance of these General Terms and Conditions. Clients are therefore advised to read this text carefully, together with any messages, instructions or warnings communicated to them while browsing or using the Website and/or the Application, as they must comply with all of them. If Clients disagree with these provisions, they must not use the features included in the Website and/or the Application.
I.- SERVICES PROVIDED BY THE OWNER
The Owner offers Clients a sports advisory service for players, coaches and sports clubs. This advice is provided through various studies and features included in both the Website and the Application, which Clients may access depending on the service they have contracted.
The Website and the Application are primarily intended for Users resident in Spain. The Owner does not guarantee that the Website and/or the Application comply, in whole or in part, with the laws of other countries. If a User resides or is domiciled elsewhere and decides to access and/or use this Website and/or the Application, they do so at their own responsibility and risk and must ensure that such access and/or use complies with applicable local law. The Owner assumes no liability arising from such access.
The Owner reserves the right to modify the presentation and configuration of the Website and/or the Application and the services incorporated therein at any time and without prior notice, due to regulatory requirements, technical reasons, changes to the services offered or strategic decisions. In this regard, the User acknowledges and accepts that the Owner may interrupt, disable and/or cancel any of the services integrated into the Website and/or the Application at any time.
If the User disagrees with the changes, they must stop using the Website and the Application and, where applicable, unsubscribe from any registration or mailing list associated with the Website and the Application. Use of the Website and the Application after the changes have been made constitutes acceptance of them.
II.- USE AND MANAGEMENT OF IMAGES, VIDEOS OR PHOTOGRAPHS
The Website and/or the Application contains or may contain photographs, videos, images or other content protected by intellectual property rights belonging to the Owner and/or its affiliates or third parties. Clients are not authorised to modify, publish, transmit, transfer or sell, reproduce, distribute, perform or display these photographs, images and/or videos, create derivative works based on them or use reverse engineering to exploit these videos, images and/or photographs, except as expressly permitted in these General Terms and Conditions or in any other agreement entered into with the Owner.
Clients are therefore only authorised to use such images, videos and/or photographs shared through the Website and/or the Application to review their progress, as well as any studies and/or other information shared with Clients in accordance with the Services contracted.
Accordingly, the Owner accepts no responsibility for any other use of these images, videos and/or photographs by Clients.
III.- MINORS
Registration and participation on the Website and/or the Application are limited to persons over 18 years of age. Those below that age must have the legal consent of their parents or guardians, who shall be held responsible for the actions of the minors in their care, in accordance with current legislation.
IV.- FINANCIAL TERMS
Financial terms for Users
The User may use the Services provided by the Owner through the Website and/or the Application entirely free of charge. For services that are not free, the associated price will be communicated before they are contracted.
Financial terms for Companies
Companies may use the Services provided by the Owner while complying at all times with the specific terms agreed with the Owner before contracting the Services.
V.- USE OF COOKIES
The Owner uses Cookies when a User browses its Website and/or uses the Application. Cookies are small data files stored on the device of the User visiting the Website, which contain or store certain information about the visit. These Cookies are associated only with an anonymous User and their computer and do not provide references that could reveal the User's first name or surname.
The Owner's Cookies cannot read data from your hard drive or read cookie files created by other service providers.
To use our Website, the User does not need to allow installation of the Cookies sent. However, if they are not installed, the User will need to register each time they access a service requiring prior registration.
The User may consult the Owner's cookie policy for further information.
VI.- LEGAL INFORMATION ON THE COLLECTION OF PERSONAL DATA
Any processing of personal data through the Website www.wamesports.com and/or the WAME Sports Application is governed by the provisions of the Privacy Policy document.
VII.- CLIENTS' OBLIGATIONS AND LIABILITY
When accessing and using the Website and the Application, Clients undertake to make diligent, proper and lawful use of them and of the Services provided, in full compliance with the law, morality, public order and accepted customs.
The Owner makes the use of certain Services conditional upon prior completion of the relevant form requested by the Owner.
Clients warrant to the Owner that all personal information they provide is accurate, truthful and up to date. Clients are responsible for and obliged to keep their data up to date at all times, and are solely responsible for any inaccuracies or falsehoods in the data provided to the Owner and for any harm they may cause to the Owner or third parties.
Clients must refrain from:
- Making unauthorised or fraudulent use of the Website and/or the Application
- Accessing or attempting to access restricted resources of the Website and/or the Application;
- Impersonating any Client or third party, harassing other Clients, or using the Website and/or the Application and its various features in an offensive, harmful or inappropriate manner contrary to the law, good faith, morality and public order;
- Using the Website and/or the Application for unlawful or illegal purposes, contrary to these General Terms and Conditions, detrimental to the rights and interests of third parties, or in any way that may damage, disable, overload or prevent normal use or enjoyment of the Website and/or the Application;
- Damaging the Owner's systems or third-party systems, in particular by introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to the Owner's or third parties' systems;
- Attempting to access, use and/or manipulate data from the Website and/or the Application or any other data belonging to the Owner, third parties or other Clients;
- Applying reverse engineering techniques, deciphering, decompiling or using any other system to discover the source code of the Website and/or the Application or any other element subject to copyright or intellectual or industrial property rights;
- Modifying or attempting to modify the Website and/or the Application, or taking actions or using means intended to alter their appearance or functions;
- Attempting to access and/or use other Clients' accounts;
- Providing the Owner with details of a credit or debit card which the Client does not own; and/or
- Providing the Owner with false personal data or another Client's data without their express consent.
VIII.- OWNER'S OBLIGATIONS AND LIMITATION OF LIABILITY
The Owner undertakes to provide Clients with the Services in accordance with these General Terms and Conditions.
The Owner does not guarantee the availability or continuous operation of the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from:
- Lack of availability of or access to the Website and/or the Application;
- Interruption to the operation of the Website and/or the Application, or computer failures, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the internet system or other electronic systems occurring during their operation;
- Errors or delays in the Client's access to the Website and/or the Application when entering data in the form, slowness or any anomaly that may arise when these incidents are due to internet network problems, unforeseen events or force majeure, or any other unforeseeable contingency beyond the Owner's good faith;
- Loss or damage of any kind arising from access to and use of the Website and/or the Application, including, but not limited to, damage to computer systems or damage caused by the introduction of viruses and/or cyberattacks;
- The truthfulness, completeness or currency of information not produced by the Owner; and/or
- Other damage caused by third parties through unauthorised intrusions beyond the Owner's control.
The Owner does not guarantee the absence of viruses or other elements introduced by unrelated third parties into the Website and/or the Application that may alter the Client's physical or logical systems or the electronic documents and files stored in those systems. Consequently, the Owner shall not, under any circumstances, be liable for loss or damage of any kind arising from the presence of viruses or other elements that may alter the Client's physical or logical systems, electronic documents or files.
The Owner does not guarantee that unauthorised third parties cannot discover the conditions, characteristics and circumstances under which Clients access the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from such unauthorised access.
By accepting these General Terms and Conditions, Clients declare that they will hold the Owner harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents arising from Clients' breach of any provision of these General Terms and Conditions or any applicable law or regulation, or from the infringement or violation of third-party rights.
In any event, the Owner shall only be liable for damage suffered by Clients as a result of wilful misconduct or manifest negligence on its part in relation to access to the Website and/or the Application, the provision of its Services or the use of the content, tools and features.
IX.- CANCELLATION OF SERVICES PROVIDED BY THE OWNER
Cancelling as a User
If the User wishes to stop using the Services provided by the Owner, they must follow this process: access the settings section of their personal profile, then complete the “Cancellation request” form. Once completed, they must accept it and receive confirmation from the Owner.
If the User wishes to cancel any paid service, they must follow the process described above and will continue to have access to the contracted services until the end of their subscription period for those paid services. Cancellation shall in no case result in a refund of amounts paid. Payments are non-refundable, and no refunds or credits will be provided for partial periods of the paid services contracted.
Cancelling as a Company
The Company may cancel the contracted Services in accordance with the specific terms signed with the Owner.
X.- RIGHT OF WITHDRAWAL
Our services involve making digital content immediately available from the moment they are contracted, so you may not request a refund of amounts paid. If you wish to cancel the services after contracting them, you must follow the cancellation process described in the previous section.
XI.- LICENCE TO USE USERS' LIKENESS
Where necessary for the Owner to provide the Services contracted by Clients, the User voluntarily, irrevocably and free of charge grants the Owner the right and authorisation to use their likeness, voice and/or any other identifying element in any type of visual content, including but not limited to photographs, videos or audiovisual material, generated during the provision of Services by the Owner. This authorisation includes reproduction, distribution, public communication, adaptation and any other act of exploitation of the User's likeness for advertising, promotional or informational purposes, within and outside the Website and/or the Application, in any present or future medium, without time or territorial limitation.
This authorisation is granted for an indefinite period and remains in force even after the relationship between the User and the Owner ends. However, the User may revoke this authorisation at any time by sending a message to the following email address: legal@wamesports.com , without retroactive effect on actions carried out before revocation.
By accepting these General Terms and Conditions, the User expressly consents to the use of their likeness and accepts the terms set out herein.
XII.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and the Application belong to the Owner. Their contents (including, without limitation, source code, trademarks, images, icons, designs and general presentation) are protected under Spanish, European Union and international legislation by copyright, registered trademarks and other intellectual and industrial property rights belonging to the Owner, its group companies or third parties. Access to the Website and/or the Application does not confer, and may not be interpreted as, any authorisation or licence over such content and rights.
Any act of reproduction, distribution, adaptation or public communication, and any transfer of all or part of the content of this Website and/or the Application, is expressly prohibited. This includes, generally, any exploitation of all or part of the content (images, texts, design, indexes, forms, etc.), any databases the Website and/or the Application may contain and any object protectable under current legislation, especially intellectual and industrial property regulations.
In particular, Clients may not under any circumstances exploit or use commercially, directly or indirectly, in whole or in part, any content forming part of the Website and/or the Application, nor modify, copy, distribute, transmit, display, advertise, sell and/or license any Website and/or Application or create derivative works from them, without the Owner's prior written authorisation and, where applicable, that of the rights holder. Any authorisation or licence concerning the Website and/or the Application and its content shall in no way imply a waiver, transfer or assignment, in whole or in part, of any of the aforementioned rights.
Clients may occasionally print copies of individual pages of the Website and/or the Application, provided that they do so for personal, non-commercial use and retain, unaltered, copyright notices, registered trademarks and any other identification relating to the rights of the Owner or third parties. Any other kind of copying, whether electronic, on paper or in any other form, is strictly prohibited.
The Owner expressly reserves all civil and criminal actions available under Spanish and foreign legislation as a result of infringement of the peaceful possession and/or unauthorised use of its industrial and intellectual property rights.
XIII.- THIRD-PARTY LINKS
The Owner does not control the content of other sites from which the Website and/or the Application may be accessed, or to which they provide access through links. The Owner is therefore not responsible for the information contained in those sites or for any effects arising from such information. These links are made available for Clients' convenience, and this must not be interpreted as our approval or endorsement of the content to which they lead. We make no express or implied warranty regarding the truthfulness, ownership, validity or legality of any linked sites or their content.
If any Client or third party notices that content accessible through links on the Website and/or the Application may be contrary to the law, morality or public order, they must report it by email to: legal@wamesports.com .
XIV.- INDEMNIFICATION
If the Owner, its group companies or any other persons involved in the creation, production and distribution of the Website and/or the Application suffer any damage, loss or costs (including necessary lawyers' and court representatives' fees) as a result of Clients' breach of these General Terms and Conditions, those Clients shall be obliged to compensate fully for the damage caused.
The foregoing applies in particular, but is not limited to, cases where Clients' breaches result in third-party claims against the Owner or any of its group companies. Clients shall hold the Owner and its group companies harmless; these may claim any expense, cost, loss or damage arising from Clients' actions, provided that such expense, cost, loss or damage results from the Client's breach of these General Terms and Conditions.
XV.- DURATION AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
The legal relationship arising from access to and use of the Website and/or the Application, and the content and Services incorporated therein, is of indefinite duration. Either party may also unilaterally terminate or suspend this contractual relationship at any time without any reason other than its wish to do so.
These General Terms and Conditions are those in force on the date of their last update and may be amended by the Owner at any time without prior notice. In that case, the new terms shall take effect from that date and apply to all Users.
Where necessary, you will be informed of such changes and your consent will be requested. Failure to provide consent may prevent you from continuing to receive the Services.
In any event, if the Client disagrees with the changes, they must stop using the services provided through the Website and/or the Application and, where applicable, cancel any associated registration. Use of the Website and/or the Application after the changes have been made may constitute acceptance of them.
XVI.- NOTIFICATIONS
The Owner may send appropriate notifications through the email address or telephone number provided by Clients.
XVII.- ASSIGNMENT
Clients may not assign their rights and obligations under these General Terms and Conditions without the Owner's prior written consent. The Owner may assign its rights and obligations under these General Terms and Conditions to any entity within its group of companies anywhere in the world, or to any person or entity succeeding it in the conduct of its business under any title.
XVIII.- WAIVER
No waiver by the Owner of a specific right or legal action, nor failure by the Owner to require the Client's strict compliance with any obligation, shall constitute a waiver of other rights or actions arising from a contract or these General Terms and Conditions, or release Clients from compliance with their obligations.
No waiver by the Owner of any of these General Terms and Conditions or of rights or actions arising from a contract shall take effect unless expressly stated to be a waiver, formalised and communicated to the Client in writing.
XIX.- SEVERABILITY AND INTERPRETATION
These General Terms and Conditions constitute an agreement between each Client and the Owner. If the competent authority declares any provision unlawful, invalid or unenforceable, it shall be interpreted as closely as possible to its original intention. Such a declaration concerning one or more clauses shall not affect the validity of the remaining provisions.
The Owner's failure to require strict compliance with any provision of these General Terms and Conditions does not constitute and may never be interpreted as a waiver of its right to require strict compliance in the future.
XX.- LANGUAGE
The applicable language of these General Terms and Conditions is Spanish. Clients therefore expressly accept that the Spanish version governs them. Any version offered in another language is provided purely as a courtesy for Clients' convenience.
XXI.- GOVERNING LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and interpreted in accordance with current Spanish law.
Unless otherwise required by mandatory law, for the interpretation or enforcement of the provisions of these General Terms and Conditions, the parties submit to the courts and tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction to which they may be entitled.
These terms and conditions must be accepted through an acceptance mechanism, such as a checkbox, when users register or afterwards on the WAME website and application.
TERMS AND CONDITIONS
The general terms and conditions set out below (hereinafter, the “General Terms and Conditions”) govern the contracting of services provided through the website available under the domain www.wamesports.com and any of its subdomains (the “Website”), as well as the application named WAME Sports (the “Application”), owned by WAAKAT, SL, whose registered office is in Madrid, calle Serrano, number 33, postcode 28001, with tax identification number B-67851287 and contact email address legal@wamesports.com (hereinafter, the “Owner”).
Contracting the services provided through the Website and/or the Application confers the status of user of the Website and/or the Application (hereinafter, the “User”). Companies, businesses and federations using the services provided by the Owner shall be referred to as the “Companies”.
Hereinafter, in these General Terms and Conditions, Users and Companies may be referred to jointly as the “Clients”.
Clients' contracting of services provided by the Owner through the Website and/or the Application implies knowledge, understanding and full, unreserved acceptance of these General Terms and Conditions. Clients are therefore advised to read this text carefully, together with any messages, instructions or warnings communicated to them while browsing or using the Website and/or the Application, as they must comply with all of them. If Clients disagree with these provisions, they must not use the features included in the Website and/or the Application.
I.- SERVICES PROVIDED BY THE OWNER
The Owner offers Clients a sports advisory service for players, coaches and sports clubs. This advice is provided through various studies and features included in both the Website and the Application, which Clients may access depending on the service they have contracted.
The Website and the Application are primarily intended for Users resident in Spain. The Owner does not guarantee that the Website and/or the Application comply, in whole or in part, with the laws of other countries. If a User resides or is domiciled elsewhere and decides to access and/or use this Website and/or the Application, they do so at their own responsibility and risk and must ensure that such access and/or use complies with applicable local law. The Owner assumes no liability arising from such access.
The Owner reserves the right to modify the presentation and configuration of the Website and/or the Application and the services incorporated therein at any time and without prior notice, due to regulatory requirements, technical reasons, changes to the services offered or strategic decisions. In this regard, the User acknowledges and accepts that the Owner may interrupt, disable and/or cancel any of the services integrated into the Website and/or the Application at any time.
If the User disagrees with the changes, they must stop using the Website and the Application and, where applicable, unsubscribe from any registration or mailing list associated with the Website and the Application. Use of the Website and the Application after the changes have been made constitutes acceptance of them.
II.- USE AND MANAGEMENT OF IMAGES, VIDEOS OR PHOTOGRAPHS
The Website and/or the Application contains or may contain photographs, videos, images or other content protected by intellectual property rights belonging to the Owner and/or its affiliates or third parties. Clients are not authorised to modify, publish, transmit, transfer or sell, reproduce, distribute, perform or display these photographs, images and/or videos, create derivative works based on them or use reverse engineering to exploit these videos, images and/or photographs, except as expressly permitted in these General Terms and Conditions or in any other agreement entered into with the Owner.
Clients are therefore only authorised to use such images, videos and/or photographs shared through the Website and/or the Application to review their progress, as well as any studies and/or other information shared with Clients in accordance with the Services contracted.
Accordingly, the Owner accepts no responsibility for any other use of these images, videos and/or photographs by Clients.
III.- MINORS
Registration and participation on the Website and/or the Application are limited to persons over 18 years of age. Those below that age must have the legal consent of their parents or guardians, who shall be held responsible for the actions of the minors in their care, in accordance with current legislation.
IV.- FINANCIAL TERMS
Financial terms for Users
The User may use the Services provided by the Owner through the Website and/or the Application entirely free of charge. For services that are not free, the associated price will be communicated before they are contracted.
Financial terms for Companies
Companies may use the Services provided by the Owner while complying at all times with the specific terms agreed with the Owner before contracting the Services.
V.- USE OF COOKIES
The Owner uses Cookies when a User browses its Website and/or uses the Application. Cookies are small data files stored on the device of the User visiting the Website, which contain or store certain information about the visit. These Cookies are associated only with an anonymous User and their computer and do not provide references that could reveal the User's first name or surname.
The Owner's Cookies cannot read data from your hard drive or read cookie files created by other service providers.
To use our Website, the User does not need to allow installation of the Cookies sent. However, if they are not installed, the User will need to register each time they access a service requiring prior registration.
The User may consult the Owner's cookie policy for further information.
VI.- LEGAL INFORMATION ON THE COLLECTION OF PERSONAL DATA
Any processing of personal data through the Website www.wamesports.com and/or the WAME Sports Application is governed by the provisions of the Privacy Policy document.
VII.- CLIENTS' OBLIGATIONS AND LIABILITY
When accessing and using the Website and the Application, Clients undertake to make diligent, proper and lawful use of them and of the Services provided, in full compliance with the law, morality, public order and accepted customs.
The Owner makes the use of certain Services conditional upon prior completion of the relevant form requested by the Owner.
Clients warrant to the Owner that all personal information they provide is accurate, truthful and up to date. Clients are responsible for and obliged to keep their data up to date at all times, and are solely responsible for any inaccuracies or falsehoods in the data provided to the Owner and for any harm they may cause to the Owner or third parties.
Clients must refrain from:
- Making unauthorised or fraudulent use of the Website and/or the Application
- Accessing or attempting to access restricted resources of the Website and/or the Application;
- Impersonating any Client or third party, harassing other Clients, or using the Website and/or the Application and its various features in an offensive, harmful or inappropriate manner contrary to the law, good faith, morality and public order;
- Using the Website and/or the Application for unlawful or illegal purposes, contrary to these General Terms and Conditions, detrimental to the rights and interests of third parties, or in any way that may damage, disable, overload or prevent normal use or enjoyment of the Website and/or the Application;
- Damaging the Owner's systems or third-party systems, in particular by introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to the Owner's or third parties' systems;
- Attempting to access, use and/or manipulate data from the Website and/or the Application or any other data belonging to the Owner, third parties or other Clients;
- Applying reverse engineering techniques, deciphering, decompiling or using any other system to discover the source code of the Website and/or the Application or any other element subject to copyright or intellectual or industrial property rights;
- Modifying or attempting to modify the Website and/or the Application, or taking actions or using means intended to alter their appearance or functions;
- Attempting to access and/or use other Clients' accounts;
- Providing the Owner with details of a credit or debit card which the Client does not own; and/or
- Providing the Owner with false personal data or another Client's data without their express consent.
VIII.- OWNER'S OBLIGATIONS AND LIMITATION OF LIABILITY
The Owner undertakes to provide Clients with the Services in accordance with these General Terms and Conditions.
The Owner does not guarantee the availability or continuous operation of the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from:
- Lack of availability of or access to the Website and/or the Application;
- Interruption to the operation of the Website and/or the Application, or computer failures, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the internet system or other electronic systems occurring during their operation;
- Errors or delays in the Client's access to the Website and/or the Application when entering data in the form, slowness or any anomaly that may arise when these incidents are due to internet network problems, unforeseen events or force majeure, or any other unforeseeable contingency beyond the Owner's good faith;
- Loss or damage of any kind arising from access to and use of the Website and/or the Application, including, but not limited to, damage to computer systems or damage caused by the introduction of viruses and/or cyberattacks;
- The truthfulness, completeness or currency of information not produced by the Owner; and/or
- Other damage caused by third parties through unauthorised intrusions beyond the Owner's control.
The Owner does not guarantee the absence of viruses or other elements introduced by unrelated third parties into the Website and/or the Application that may alter the Client's physical or logical systems or the electronic documents and files stored in those systems. Consequently, the Owner shall not, under any circumstances, be liable for loss or damage of any kind arising from the presence of viruses or other elements that may alter the Client's physical or logical systems, electronic documents or files.
The Owner does not guarantee that unauthorised third parties cannot discover the conditions, characteristics and circumstances under which Clients access the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from such unauthorised access.
By accepting these General Terms and Conditions, Clients declare that they will hold the Owner harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents arising from Clients' breach of any provision of these General Terms and Conditions or any applicable law or regulation, or from the infringement or violation of third-party rights.
In any event, the Owner shall only be liable for damage suffered by Clients as a result of wilful misconduct or manifest negligence on its part in relation to access to the Website and/or the Application, the provision of its Services or the use of the content, tools and features.
IX.- CANCELLATION OF SERVICES PROVIDED BY THE OWNER
Cancelling as a User
If the User wishes to stop using the Services provided by the Owner, they must follow this process: access the settings section of their personal profile, then complete the “Cancellation request” form. Once completed, they must accept it and receive confirmation from the Owner.
If the User wishes to cancel any paid service, they must follow the process described above and will continue to have access to the contracted services until the end of their subscription period for those paid services. Cancellation shall in no case result in a refund of amounts paid. Payments are non-refundable, and no refunds or credits will be provided for partial periods of the paid services contracted.
Cancelling as a Company
The Company may cancel the contracted Services in accordance with the specific terms signed with the Owner.
X.- RIGHT OF WITHDRAWAL
Our services involve making digital content immediately available from the moment they are contracted, so you may not request a refund of amounts paid. If you wish to cancel the services after contracting them, you must follow the cancellation process described in the previous section.
XI.- LICENCE TO USE USERS' LIKENESS
Where necessary for the Owner to provide the Services contracted by Clients, the User voluntarily, irrevocably and free of charge grants the Owner the right and authorisation to use their likeness, voice and/or any other identifying element in any type of visual content, including but not limited to photographs, videos or audiovisual material, generated during the provision of Services by the Owner. This authorisation includes reproduction, distribution, public communication, adaptation and any other act of exploitation of the User's likeness for advertising, promotional or informational purposes, within and outside the Website and/or the Application, in any present or future medium, without time or territorial limitation.
This authorisation is granted for an indefinite period and remains in force even after the relationship between the User and the Owner ends. However, the User may revoke this authorisation at any time by sending a message to the following email address: legal@wamesports.com , without retroactive effect on actions carried out before revocation.
By accepting these General Terms and Conditions, the User expressly consents to the use of their likeness and accepts the terms set out herein.
XII.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and the Application belong to the Owner. Their contents (including, without limitation, source code, trademarks, images, icons, designs and general presentation) are protected under Spanish, European Union and international legislation by copyright, registered trademarks and other intellectual and industrial property rights belonging to the Owner, its group companies or third parties. Access to the Website and/or the Application does not confer, and may not be interpreted as, any authorisation or licence over such content and rights.
Any act of reproduction, distribution, adaptation or public communication, and any transfer of all or part of the content of this Website and/or the Application, is expressly prohibited. This includes, generally, any exploitation of all or part of the content (images, texts, design, indexes, forms, etc.), any databases the Website and/or the Application may contain and any object protectable under current legislation, especially intellectual and industrial property regulations.
In particular, Clients may not under any circumstances exploit or use commercially, directly or indirectly, in whole or in part, any content forming part of the Website and/or the Application, nor modify, copy, distribute, transmit, display, advertise, sell and/or license any Website and/or Application or create derivative works from them, without the Owner's prior written authorisation and, where applicable, that of the rights holder. Any authorisation or licence concerning the Website and/or the Application and its content shall in no way imply a waiver, transfer or assignment, in whole or in part, of any of the aforementioned rights.
Clients may occasionally print copies of individual pages of the Website and/or the Application, provided that they do so for personal, non-commercial use and retain, unaltered, copyright notices, registered trademarks and any other identification relating to the rights of the Owner or third parties. Any other kind of copying, whether electronic, on paper or in any other form, is strictly prohibited.
The Owner expressly reserves all civil and criminal actions available under Spanish and foreign legislation as a result of infringement of the peaceful possession and/or unauthorised use of its industrial and intellectual property rights.
XIII.- THIRD-PARTY LINKS
The Owner does not control the content of other sites from which the Website and/or the Application may be accessed, or to which they provide access through links. The Owner is therefore not responsible for the information contained in those sites or for any effects arising from such information. These links are made available for Clients' convenience, and this must not be interpreted as our approval or endorsement of the content to which they lead. We make no express or implied warranty regarding the truthfulness, ownership, validity or legality of any linked sites or their content.
If any Client or third party notices that content accessible through links on the Website and/or the Application may be contrary to the law, morality or public order, they must report it by email to: legal@wamesports.com .
XIV.- INDEMNIFICATION
If the Owner, its group companies or any other persons involved in the creation, production and distribution of the Website and/or the Application suffer any damage, loss or costs (including necessary lawyers' and court representatives' fees) as a result of Clients' breach of these General Terms and Conditions, those Clients shall be obliged to compensate fully for the damage caused.
The foregoing applies in particular, but is not limited to, cases where Clients' breaches result in third-party claims against the Owner or any of its group companies. Clients shall hold the Owner and its group companies harmless; these may claim any expense, cost, loss or damage arising from Clients' actions, provided that such expense, cost, loss or damage results from the Client's breach of these General Terms and Conditions.
XV.- DURATION AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
The legal relationship arising from access to and use of the Website and/or the Application, and the content and Services incorporated therein, is of indefinite duration. Either party may also unilaterally terminate or suspend this contractual relationship at any time without any reason other than its wish to do so.
These General Terms and Conditions are those in force on the date of their last update and may be amended by the Owner at any time without prior notice. In that case, the new terms shall take effect from that date and apply to all Users.
Where necessary, you will be informed of such changes and your consent will be requested. Failure to provide consent may prevent you from continuing to receive the Services.
In any event, if the Client disagrees with the changes, they must stop using the services provided through the Website and/or the Application and, where applicable, cancel any associated registration. Use of the Website and/or the Application after the changes have been made may constitute acceptance of them.
XVI.- NOTIFICATIONS
The Owner may send appropriate notifications through the email address or telephone number provided by Clients.
XVII.- ASSIGNMENT
Clients may not assign their rights and obligations under these General Terms and Conditions without the Owner's prior written consent. The Owner may assign its rights and obligations under these General Terms and Conditions to any entity within its group of companies anywhere in the world, or to any person or entity succeeding it in the conduct of its business under any title.
XVIII.- WAIVER
No waiver by the Owner of a specific right or legal action, nor failure by the Owner to require the Client's strict compliance with any obligation, shall constitute a waiver of other rights or actions arising from a contract or these General Terms and Conditions, or release Clients from compliance with their obligations.
No waiver by the Owner of any of these General Terms and Conditions or of rights or actions arising from a contract shall take effect unless expressly stated to be a waiver, formalised and communicated to the Client in writing.
XIX.- SEVERABILITY AND INTERPRETATION
These General Terms and Conditions constitute an agreement between each Client and the Owner. If the competent authority declares any provision unlawful, invalid or unenforceable, it shall be interpreted as closely as possible to its original intention. Such a declaration concerning one or more clauses shall not affect the validity of the remaining provisions.
The Owner's failure to require strict compliance with any provision of these General Terms and Conditions does not constitute and may never be interpreted as a waiver of its right to require strict compliance in the future.
XX.- LANGUAGE
The applicable language of these General Terms and Conditions is Spanish. Clients therefore expressly accept that the Spanish version governs them. Any version offered in another language is provided purely as a courtesy for Clients' convenience.
XXI.- GOVERNING LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and interpreted in accordance with current Spanish law.
Unless otherwise required by mandatory law, for the interpretation or enforcement of the provisions of these General Terms and Conditions, the parties submit to the courts and tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction to which they may be entitled.
These terms and conditions must be accepted through an acceptance mechanism, such as a checkbox, when users register or afterwards on the WAME website and application.
TERMS AND CONDITIONS
The general terms and conditions set out below (hereinafter, the “General Terms and Conditions”) govern the contracting of services provided through the website available under the domain www.wamesports.com and any of its subdomains (the “Website”), as well as the application named WAME Sports (the “Application”), owned by WAAKAT, SL, whose registered office is in Madrid, calle Serrano, number 33, postcode 28001, with tax identification number B-67851287 and contact email address legal@wamesports.com (hereinafter, the “Owner”).
Contracting the services provided through the Website and/or the Application confers the status of user of the Website and/or the Application (hereinafter, the “User”). Companies, businesses and federations using the services provided by the Owner shall be referred to as the “Companies”.
Hereinafter, in these General Terms and Conditions, Users and Companies may be referred to jointly as the “Clients”.
Clients' contracting of services provided by the Owner through the Website and/or the Application implies knowledge, understanding and full, unreserved acceptance of these General Terms and Conditions. Clients are therefore advised to read this text carefully, together with any messages, instructions or warnings communicated to them while browsing or using the Website and/or the Application, as they must comply with all of them. If Clients disagree with these provisions, they must not use the features included in the Website and/or the Application.
I.- SERVICES PROVIDED BY THE OWNER
The Owner offers Clients a sports advisory service for players, coaches and sports clubs. This advice is provided through various studies and features included in both the Website and the Application, which Clients may access depending on the service they have contracted.
The Website and the Application are primarily intended for Users resident in Spain. The Owner does not guarantee that the Website and/or the Application comply, in whole or in part, with the laws of other countries. If a User resides or is domiciled elsewhere and decides to access and/or use this Website and/or the Application, they do so at their own responsibility and risk and must ensure that such access and/or use complies with applicable local law. The Owner assumes no liability arising from such access.
The Owner reserves the right to modify the presentation and configuration of the Website and/or the Application and the services incorporated therein at any time and without prior notice, due to regulatory requirements, technical reasons, changes to the services offered or strategic decisions. In this regard, the User acknowledges and accepts that the Owner may interrupt, disable and/or cancel any of the services integrated into the Website and/or the Application at any time.
If the User disagrees with the changes, they must stop using the Website and the Application and, where applicable, unsubscribe from any registration or mailing list associated with the Website and the Application. Use of the Website and the Application after the changes have been made constitutes acceptance of them.
II.- USE AND MANAGEMENT OF IMAGES, VIDEOS OR PHOTOGRAPHS
The Website and/or the Application contains or may contain photographs, videos, images or other content protected by intellectual property rights belonging to the Owner and/or its affiliates or third parties. Clients are not authorised to modify, publish, transmit, transfer or sell, reproduce, distribute, perform or display these photographs, images and/or videos, create derivative works based on them or use reverse engineering to exploit these videos, images and/or photographs, except as expressly permitted in these General Terms and Conditions or in any other agreement entered into with the Owner.
Clients are therefore only authorised to use such images, videos and/or photographs shared through the Website and/or the Application to review their progress, as well as any studies and/or other information shared with Clients in accordance with the Services contracted.
Accordingly, the Owner accepts no responsibility for any other use of these images, videos and/or photographs by Clients.
III.- MINORS
Registration and participation on the Website and/or the Application are limited to persons over 18 years of age. Those below that age must have the legal consent of their parents or guardians, who shall be held responsible for the actions of the minors in their care, in accordance with current legislation.
IV.- FINANCIAL TERMS
Financial terms for Users
The User may use the Services provided by the Owner through the Website and/or the Application entirely free of charge. For services that are not free, the associated price will be communicated before they are contracted.
Financial terms for Companies
Companies may use the Services provided by the Owner while complying at all times with the specific terms agreed with the Owner before contracting the Services.
V.- USE OF COOKIES
The Owner uses Cookies when a User browses its Website and/or uses the Application. Cookies are small data files stored on the device of the User visiting the Website, which contain or store certain information about the visit. These Cookies are associated only with an anonymous User and their computer and do not provide references that could reveal the User's first name or surname.
The Owner's Cookies cannot read data from your hard drive or read cookie files created by other service providers.
To use our Website, the User does not need to allow installation of the Cookies sent. However, if they are not installed, the User will need to register each time they access a service requiring prior registration.
The User may consult the Owner's cookie policy for further information.
VI.- LEGAL INFORMATION ON THE COLLECTION OF PERSONAL DATA
Any processing of personal data through the Website www.wamesports.com and/or the WAME Sports Application is governed by the provisions of the Privacy Policy document.
VII.- CLIENTS' OBLIGATIONS AND LIABILITY
When accessing and using the Website and the Application, Clients undertake to make diligent, proper and lawful use of them and of the Services provided, in full compliance with the law, morality, public order and accepted customs.
The Owner makes the use of certain Services conditional upon prior completion of the relevant form requested by the Owner.
Clients warrant to the Owner that all personal information they provide is accurate, truthful and up to date. Clients are responsible for and obliged to keep their data up to date at all times, and are solely responsible for any inaccuracies or falsehoods in the data provided to the Owner and for any harm they may cause to the Owner or third parties.
Clients must refrain from:
- Making unauthorised or fraudulent use of the Website and/or the Application
- Accessing or attempting to access restricted resources of the Website and/or the Application;
- Impersonating any Client or third party, harassing other Clients, or using the Website and/or the Application and its various features in an offensive, harmful or inappropriate manner contrary to the law, good faith, morality and public order;
- Using the Website and/or the Application for unlawful or illegal purposes, contrary to these General Terms and Conditions, detrimental to the rights and interests of third parties, or in any way that may damage, disable, overload or prevent normal use or enjoyment of the Website and/or the Application;
- Damaging the Owner's systems or third-party systems, in particular by introducing or spreading computer viruses or any other physical or logical systems capable of causing damage to the Owner's or third parties' systems;
- Attempting to access, use and/or manipulate data from the Website and/or the Application or any other data belonging to the Owner, third parties or other Clients;
- Applying reverse engineering techniques, deciphering, decompiling or using any other system to discover the source code of the Website and/or the Application or any other element subject to copyright or intellectual or industrial property rights;
- Modifying or attempting to modify the Website and/or the Application, or taking actions or using means intended to alter their appearance or functions;
- Attempting to access and/or use other Clients' accounts;
- Providing the Owner with details of a credit or debit card which the Client does not own; and/or
- Providing the Owner with false personal data or another Client's data without their express consent.
VIII.- OWNER'S OBLIGATIONS AND LIMITATION OF LIABILITY
The Owner undertakes to provide Clients with the Services in accordance with these General Terms and Conditions.
The Owner does not guarantee the availability or continuous operation of the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from:
- Lack of availability of or access to the Website and/or the Application;
- Interruption to the operation of the Website and/or the Application, or computer failures, telephone faults, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centres, the internet system or other electronic systems occurring during their operation;
- Errors or delays in the Client's access to the Website and/or the Application when entering data in the form, slowness or any anomaly that may arise when these incidents are due to internet network problems, unforeseen events or force majeure, or any other unforeseeable contingency beyond the Owner's good faith;
- Loss or damage of any kind arising from access to and use of the Website and/or the Application, including, but not limited to, damage to computer systems or damage caused by the introduction of viruses and/or cyberattacks;
- The truthfulness, completeness or currency of information not produced by the Owner; and/or
- Other damage caused by third parties through unauthorised intrusions beyond the Owner's control.
The Owner does not guarantee the absence of viruses or other elements introduced by unrelated third parties into the Website and/or the Application that may alter the Client's physical or logical systems or the electronic documents and files stored in those systems. Consequently, the Owner shall not, under any circumstances, be liable for loss or damage of any kind arising from the presence of viruses or other elements that may alter the Client's physical or logical systems, electronic documents or files.
The Owner does not guarantee that unauthorised third parties cannot discover the conditions, characteristics and circumstances under which Clients access the Website and/or the Application. Consequently, the Owner shall not, under any circumstances, be liable for any loss or damage arising from such unauthorised access.
By accepting these General Terms and Conditions, Clients declare that they will hold the Owner harmless against any claim against it, its parent company, directors, partners, employees, lawyers and agents arising from Clients' breach of any provision of these General Terms and Conditions or any applicable law or regulation, or from the infringement or violation of third-party rights.
In any event, the Owner shall only be liable for damage suffered by Clients as a result of wilful misconduct or manifest negligence on its part in relation to access to the Website and/or the Application, the provision of its Services or the use of the content, tools and features.
IX.- CANCELLATION OF SERVICES PROVIDED BY THE OWNER
Cancelling as a User
If the User wishes to stop using the Services provided by the Owner, they must follow this process: access the settings section of their personal profile, then complete the “Cancellation request” form. Once completed, they must accept it and receive confirmation from the Owner.
If the User wishes to cancel any paid service, they must follow the process described above and will continue to have access to the contracted services until the end of their subscription period for those paid services. Cancellation shall in no case result in a refund of amounts paid. Payments are non-refundable, and no refunds or credits will be provided for partial periods of the paid services contracted.
Cancelling as a Company
The Company may cancel the contracted Services in accordance with the specific terms signed with the Owner.
X.- RIGHT OF WITHDRAWAL
Our services involve making digital content immediately available from the moment they are contracted, so you may not request a refund of amounts paid. If you wish to cancel the services after contracting them, you must follow the cancellation process described in the previous section.
XI.- LICENCE TO USE USERS' LIKENESS
Where necessary for the Owner to provide the Services contracted by Clients, the User voluntarily, irrevocably and free of charge grants the Owner the right and authorisation to use their likeness, voice and/or any other identifying element in any type of visual content, including but not limited to photographs, videos or audiovisual material, generated during the provision of Services by the Owner. This authorisation includes reproduction, distribution, public communication, adaptation and any other act of exploitation of the User's likeness for advertising, promotional or informational purposes, within and outside the Website and/or the Application, in any present or future medium, without time or territorial limitation.
This authorisation is granted for an indefinite period and remains in force even after the relationship between the User and the Owner ends. However, the User may revoke this authorisation at any time by sending a message to the following email address: legal@wamesports.com , without retroactive effect on actions carried out before revocation.
By accepting these General Terms and Conditions, the User expressly consents to the use of their likeness and accepts the terms set out herein.
XII.- INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website and the Application belong to the Owner. Their contents (including, without limitation, source code, trademarks, images, icons, designs and general presentation) are protected under Spanish, European Union and international legislation by copyright, registered trademarks and other intellectual and industrial property rights belonging to the Owner, its group companies or third parties. Access to the Website and/or the Application does not confer, and may not be interpreted as, any authorisation or licence over such content and rights.
Any act of reproduction, distribution, adaptation or public communication, and any transfer of all or part of the content of this Website and/or the Application, is expressly prohibited. This includes, generally, any exploitation of all or part of the content (images, texts, design, indexes, forms, etc.), any databases the Website and/or the Application may contain and any object protectable under current legislation, especially intellectual and industrial property regulations.
In particular, Clients may not under any circumstances exploit or use commercially, directly or indirectly, in whole or in part, any content forming part of the Website and/or the Application, nor modify, copy, distribute, transmit, display, advertise, sell and/or license any Website and/or Application or create derivative works from them, without the Owner's prior written authorisation and, where applicable, that of the rights holder. Any authorisation or licence concerning the Website and/or the Application and its content shall in no way imply a waiver, transfer or assignment, in whole or in part, of any of the aforementioned rights.
Clients may occasionally print copies of individual pages of the Website and/or the Application, provided that they do so for personal, non-commercial use and retain, unaltered, copyright notices, registered trademarks and any other identification relating to the rights of the Owner or third parties. Any other kind of copying, whether electronic, on paper or in any other form, is strictly prohibited.
The Owner expressly reserves all civil and criminal actions available under Spanish and foreign legislation as a result of infringement of the peaceful possession and/or unauthorised use of its industrial and intellectual property rights.
XIII.- THIRD-PARTY LINKS
The Owner does not control the content of other sites from which the Website and/or the Application may be accessed, or to which they provide access through links. The Owner is therefore not responsible for the information contained in those sites or for any effects arising from such information. These links are made available for Clients' convenience, and this must not be interpreted as our approval or endorsement of the content to which they lead. We make no express or implied warranty regarding the truthfulness, ownership, validity or legality of any linked sites or their content.
If any Client or third party notices that content accessible through links on the Website and/or the Application may be contrary to the law, morality or public order, they must report it by email to: legal@wamesports.com .
XIV.- INDEMNIFICATION
If the Owner, its group companies or any other persons involved in the creation, production and distribution of the Website and/or the Application suffer any damage, loss or costs (including necessary lawyers' and court representatives' fees) as a result of Clients' breach of these General Terms and Conditions, those Clients shall be obliged to compensate fully for the damage caused.
The foregoing applies in particular, but is not limited to, cases where Clients' breaches result in third-party claims against the Owner or any of its group companies. Clients shall hold the Owner and its group companies harmless; these may claim any expense, cost, loss or damage arising from Clients' actions, provided that such expense, cost, loss or damage results from the Client's breach of these General Terms and Conditions.
XV.- DURATION AND AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
The legal relationship arising from access to and use of the Website and/or the Application, and the content and Services incorporated therein, is of indefinite duration. Either party may also unilaterally terminate or suspend this contractual relationship at any time without any reason other than its wish to do so.
These General Terms and Conditions are those in force on the date of their last update and may be amended by the Owner at any time without prior notice. In that case, the new terms shall take effect from that date and apply to all Users.
Where necessary, you will be informed of such changes and your consent will be requested. Failure to provide consent may prevent you from continuing to receive the Services.
In any event, if the Client disagrees with the changes, they must stop using the services provided through the Website and/or the Application and, where applicable, cancel any associated registration. Use of the Website and/or the Application after the changes have been made may constitute acceptance of them.
XVI.- NOTIFICATIONS
The Owner may send appropriate notifications through the email address or telephone number provided by Clients.
XVII.- ASSIGNMENT
Clients may not assign their rights and obligations under these General Terms and Conditions without the Owner's prior written consent. The Owner may assign its rights and obligations under these General Terms and Conditions to any entity within its group of companies anywhere in the world, or to any person or entity succeeding it in the conduct of its business under any title.
XVIII.- WAIVER
No waiver by the Owner of a specific right or legal action, nor failure by the Owner to require the Client's strict compliance with any obligation, shall constitute a waiver of other rights or actions arising from a contract or these General Terms and Conditions, or release Clients from compliance with their obligations.
No waiver by the Owner of any of these General Terms and Conditions or of rights or actions arising from a contract shall take effect unless expressly stated to be a waiver, formalised and communicated to the Client in writing.
XIX.- SEVERABILITY AND INTERPRETATION
These General Terms and Conditions constitute an agreement between each Client and the Owner. If the competent authority declares any provision unlawful, invalid or unenforceable, it shall be interpreted as closely as possible to its original intention. Such a declaration concerning one or more clauses shall not affect the validity of the remaining provisions.
The Owner's failure to require strict compliance with any provision of these General Terms and Conditions does not constitute and may never be interpreted as a waiver of its right to require strict compliance in the future.
XX.- LANGUAGE
The applicable language of these General Terms and Conditions is Spanish. Clients therefore expressly accept that the Spanish version governs them. Any version offered in another language is provided purely as a courtesy for Clients' convenience.
XXI.- GOVERNING LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and interpreted in accordance with current Spanish law.
Unless otherwise required by mandatory law, for the interpretation or enforcement of the provisions of these General Terms and Conditions, the parties submit to the courts and tribunals of the city of Madrid (Spain), expressly waiving any other jurisdiction to which they may be entitled.
These terms and conditions must be accepted through an acceptance mechanism, such as a checkbox, when users register or afterwards on the WAME website and application.