Section updated on 11/09/2018
ARTICLE 1 : DEFINITIONS
"Services": The mojjo services are ensured by PLAYR SAS company, Simon Bolivar 19, 75019 Paris ("PlayR"). These services have as main purposes: - to help the players progress by allowing them to consult the statistics and videos of their matches. The statistics displayed are indicative and may be subject to change at any time. - to help players and coaches exchange within the site and apps and on social networks. - to capture and broadcast video sessions on the internet : replay or live streaming
Mojjo services are ensured through the following media: "Kiosk": interactive kiosk and system installed on the courts, including mojjo software and cameras "Site": mojjo website allowing users, among other things, to consult recorded sessions on the courts "Application": mojjo mobile application allowing users, among other things, to view recorded sessions on the courts from their smartphone "Youtube": service to access the live sessions ("live streaming")
The particularities of Services involving User payments are described in article 5 of these ToU.
"User": User of the mojjo Services.
"User Account": is the personal section of each User on the Site and the Applications. Users log in using a password and an identifier which are strictly personal and confidential to them. This section allows the User to have an identity within the virtual social network of the Site and to interact with other Users on the Site.
ARTICLE 2 : APPLICATION & UPDATE
ARTICLE 3 : ACCEPTING THE TERMS
In case of disagreement with the ToU, you must stop using the mojjo Services and request the termination of your User Account.
ARTICLE 4: REGISTRATION AND CONDITIONS OF ACCESS TO SERVICES
4.1 Conditions for registering In order to use the mojjo Services on the Site or the Application, the User has to register. To register, the User needs: - to read and accept these ToU; - to fill in the mandatory fields of the registration form; - not to have his User Account terminated more than twice for breach of these ToU or applicable laws. The User guarantees the sincerity and veracity of the filled information, and is commited to keep it regularly updated by accessing it through his User Account. The commitment of the User is effective by ticking the box for accepting ToU located in the registration form. Without such commitment, the User can not continue his registration process and does not have access to the Services. Upon validation of the registration by the User and acceptance of these ToU, a registration confirmation is sent to the email address entered by the User in the registration form. The User is responsible for the use of his identication credentials (username and password) by third parties, as well as actions or statements made through his User Account, and guarantees mojjo against any request in such case.
4.2 General conditions for access to the Services The equipment (smartphone, computer), software (browser, OS ...) and telecommunication costs to access the Services are the sole responsibility of the User. Depending on the option chosen by the tennis club, the User may also have to pay to access some of the services ensured by mojjo. In such case : - access to the online sessions (videos and/or statistics) will be done exclusively by purchasing credits. - the use of one or more credit(s) will be needed to access each online session. - the number of credits needed to access each session will vary depending on the club.
ARTICLE 5: PAYMENTS & PURCHASE OF CREDITS
5.1 Payment terms and modalities The User can buy Services by credit card via our payment partner Stripe. Stripe is one the main payment platforms in the world and has all the guarantees and certifications needed to ensure the security of bank data.
5.2 Purchasing credits In case the User has no remaining Credits, the User can buy new credits one by one or via bulk packs with decreasing prices.
5.3 Right of withdrawal Any unused credit can be refunded without penalty on simple request without reasons within 14 days from the date of purchase by sending an email addressed to firstname.lastname@example.org with, as an attachment, the purchase invoice received from our Services. Upon receipt of all these documents, the User will be refunded the amount corresponding to the credits not consumed within a period of 10 days from the receipt of an email. We remind that the User cannot exercise his right of withdrawal for credits which have already been consumed.
5.4 Right of complaint In case of dissatisfaction with a session payed with credits, the User is invited to send an email to email@example.com including: -The session date and time -The related club and the tennis court -The related invoice of purchase of the credit -The detailed reason for dissatisfaction If it is justified, mojjo may give back the related credit(s).
ARTICLE 6: USER OBLIGATIONS AND RESPONSIBILITY
6.1 Obligations When subscribing to the Services, Users commit themselves : - to be honest and sincere in their statements; - to respect the laws and regulations in force and not to disrupt public order; - to respect the rights of intellectual or industrial property; - not to commit offenses like: defamation, insult, provocation especially of racial or discriminatory nature, apology of war crimes or crimes against humanity; - not to communicate their password and other confidential codes allowing third parties or other Users to access the Services from their User Account; - to respect the confidentiality of correspondence and the privacy of other Users; - not to disseminate or divulge the correspondence and messages directly addressed to them in connection with the Services made available to them; - to remain courteous and correct towards other Users; - not to undermine the Services; - not to propose, solicit or promote any paid goods or services or financial counterparties; - not to divert the users to another site (in particular by means of hypertext links) or a competing service; - to refrain from any commercial or advertising use of the Services;
6.2 Liability The videos and statistics obtained on the court are captured on the initiative of the people present on the court, from the interactive Kiosks available on the courts. These videos and data are captured with the mutual consent of all those present on the concerned tennis court during the capture. It is the responsibility of the users who originally trigger the capture from the Kiosk to ensure the consent of the filmed users and to ensure their agreement; especially during live public streaming on the internet. PlayR declines any responsibility in the event that data and/or videos have been captured without the consent of the involved people.
The User is solely responsible for the use of the data he consults, queries and transfers to the Site. He is also responsible for sharing data with other users within the site or via social networks. mojjo has no control over external sites and sources (web pages, forums, etc.) to which the hypertext links posted by the Users on the Site redirect and can not be held responsible for their content. As such, Users are invited to interrupt their consultation and to alert mojjo in the event of discovery of such a hypertext link pointing to a site or an external source whose title and or content constitute a violation of the law.
ARTICLE 7: PLAYR COMMITMENTS
7.2 mojjo Services PlayR is committed to make the best efforts to improve its Services. However, PlayR provides the mojjo Services "as is" without any guarantee of any kind. PlayR do not guarantee that the Services will always be fast, uninterrupted, error-free and safe. PlayR can not guarantee that all faults, errors or failures will be systematically corrected. PlayR do not guarantee that the Services, the Applications, the Site, the mojjo Kiosk or the servers are free of viruses or other harmful elements.
ARTICLE 8 : PLAYR RESPONSABILITY
8.1 External causes PlayR is not responsible for cases of fraud, identity theft and other criminal offenses committed by Users through the Site and Services made available to them, or damage to the image or privacy committed by a third person under the same conditions. PlayR retains the right to save any contentious content, in particular to make it available to the competent authorities. PlayR does not warrant that the Services will be usable in the event of a failure of the User's Internet service provider, or in the event of non-functioning or poor access conditions caused by congestion on the Internet, and for other reasons external to PlayR and its providers, and having "force majeure" as defined by the jurisdictions of the country of use.
8.2 Causes related to mojjo Services Within the limits of the local legal framework, PlayR and its representatives can not be held liable for any damages whatsoever resulting from interruptions of the mojjo Services or the impossibility to access mojjo services. In the event that PlayR is however held responsible, the compensation can not exceed the paid fees of the Services in proportion to the related time period.
8.3 Risks related to sport practice Sports activities may involve risks of injury. Consult your doctor before practicing any physical activity. PlayR can not be held responsible for any injury or damage that may occur during the use of the mojjo Services or the inability to use the mojjo Services.
ARTICLE 9 :AGE REQUIREMENTS
Users under 18 must ensure that their legal guardian have read these ToU and that the legal guardian understands and accepts the ToU. The legal guardian who accepts the ToU takes full responsibility for the use of the Services by the concerned User under 18.
To allow access to online Services for users identified as under the age of 13, PlayR must obtain the verifiable consent of a legal guardian.
ARTICLE 11 : INTELLECTUAL PROPRIETY
The intellectual property rights related to the mojjo Services are the property of PlayR SAS. The original presentation of the Services, the visual identity, the CSS, the domain names and the "mojjo" trademark are the property of PlayR and are notably protected from the deposits with the WIPO. PlayR SAS reserves the right to pursue any act of infringement of its industrial property rights or copyright.
ARTICLE 12: SANCTIONS, ACCOUNT SUSPENSION AND TERMINATION
Any User bothered by another User or witnessing non-compliance with these ToU from another User must report it as soon as possible by sending a message to firstname.lastname@example.org. In the event of repeated and proven breach of ToU, mojjo will send a warning by e-mail to the concerned User informing that access to his/her account may be terminated. There will be 3 warnings, the third warning will be followed by the termination of the User Account In such case, the User will not be able to claim a refund or compensation for its damage.
The terminated Account will be permanently destroyed. The User will no longer have access to his Account or use the Services of the Site. Likewise, the Account will no longer be visible to other Users. The Account being destroyed and the data entered by the User will no longer be communicated to the concerned User.
Any User may also request without reason the closure of his account by sending us a message to email@example.com from the mailbox attached to his mojjo User Account.
ARTICLE 13: APPLICABLE LAW / COMPETENT JURISDICTIONS
These ToU are subject to French law. Any dispute arising from the execution of these ToU or in connection with these ToU will be submitted to the competent courts.
If one or more stipulations of the present ToU were declared null and void in application of a law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations will retain all their strength and scope provided that these ToU are not distorted, as long as this does not lead to a significant imbalance of obligations of the parties.
The fact that one party does not claim a breach by the other party to any of the provisions of these ToU may not be interpreted as a waiver on the part of the other party to invoke in the future a such failure.