General Terms & Conditions (GT&C)
1. Scope of application
1.1 The following Terms of Use (hereinafter ‘Terms’) apply to all services that SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg (hereinafter ‘SPM Sportplatz-Media’), provides to its users in connection with its website (hereinafter ‘Website’), which can be accessed under the domain teamplus.sport, and the SpielerPlus / TeamPlus application (hereinafter ‘App’; Website and App together ‘Offers’).
1.2 The relationship between the User and the platform operator (e.g. Apple's App Store, Google's Play Store) through which the App is distributed, including any in-app purchases, shall be governed exclusively by the respective terms of use concluded between the User and the platform operator.
2. Registration
2.1 The use of the offers requires registration by entering personal data and a valid e-mail address as well as agreement to the terms and conditions (hereinafter ‘user’). The information provided must be truthful and updated in the event of changes. After registration, SPM Sportplatz-Media will ask the User to confirm the e-mail address provided.
2.2 As part of the registration process, the user must choose a password. The user must keep the password secret and not disclose it to third parties. If third parties have gained knowledge of the password through the fault of the user, the user is liable for any damage caused by the use of the password.
2.3 The user can create a team and invite other persons by providing their e-mail address (hereinafter: ‘invited person’). In this case, SPM Sportplatz-Media will send an invitation e-mail to the invited person on behalf of the respective user, with the help of which the invited person can register. The user assures that he/she will not send invitations to knowingly invalid e-mail addresses and will not send invitations to persons who have not previously consented to receiving an invitation and bears any responsibility under data protection law with regard to the invitations and SPM Sportplatz-Media acts in this respect only as the user's processor and has concluded the linked data processing agreement with them, which is part of these terms and conditions.
2.4 The invited person must register themselves in accordance with sections 2.1 and 2.2 if they accept the invitation and wish to use our offers.
2.5 If a user creates a team, invites players and manages the team, they will be listed in the team list as a ‘coach’ or ‘admin’ (hereinafter ‘coach’). The coach is responsible under data protection law for all personal data entered by him or by team members within the team. SPM Sportplatz-Media processes the data in accordance with Art. 28 GDPR only on behalf of the respective coach. As a rule, compliance with data protection regulations requires a contract for order processing in accordance with Article 28 GDPR, unless the trainer function is exclusively private or family-run in accordance with Article 2 (2) (c) GDPR. In order for a coach to be able to use all functions in compliance with data protection regulations, he/she shall also conclude the linked order processing contract with SPM Sportplatz-Media in accordance with Art. 28 GDPR, which is part of these terms and conditions, unless he/she is acting as a natural person for the exercise of exclusively personal or family activities. In his capacity as data controller under data protection law, the coach uses his own privacy policy vis-à-vis his team members. If he does not make use of the option to provide his own data protection information, he declares this data protection information to be applicable in the relationship between the coach and team members.
3. SPM Sportplatz-Media is only responsible for data processing that goes beyond the relationship between coaches and team members, namely the provision of services on the website and within the web application as well as the app within the meaning of the GDPR.
3.1 As part of its services, SPM Sportplatz-Media offers various functions that help coaches and players to manage their team, e.g. scheduling appointments, live tracking of acceptances and cancellations, line-up planning, team cash register, publishing match reports, voting, penalty catalogue (hereinafter ‘Services’). The basic version of the services can be used free of charge. The user can order certain services with additional functions for a certain period of time for a fee (hereinafter ‘subscription services’).
3.2 In order to technically maintain and optimise our services, we analyse the necessary usage parameters using the analysis tools Google Analytics, Sentry and INFOnline. When using such tools, we ensure compliance with the statutory data protection regulations. Information on data protection when using these analysis tools can be found in our privacy policy.
3.3 By using the free basic version, the user agrees by separate declaration (‘consent’) to provide SPM Sportplatz-Media with the following data for analysis and marketing purposes (personalised advertising): Website information (category, language, display size), user information (user ID, age, login, minor, admin role), team information (type of sport, men's or women's team), device information (mobile device, device screen, screen orientation, device system, system version, browser type, browser version), localisation (country, city, postcode). Further information on the associated data processing can be found in our privacy policy. If the user withdraws his consent for the future, SPM Sportplatz-Media is entitled to terminate the contract with the user in accordance with § 327q para. 2 BGB without observing a notice period.
3.4 The user will be provided with limited storage space free of charge for the storage of his data and other information. The storage capacity can be extended as a subscription service.
4. Subscription services, payment of fees
4.1 Within the scope of the offers, the user can order subscription services for a certain period of time for a fee. In the case of team subscriptions (e.g. Premium), these subscriptions are linked to the team specified in the order and in the case of user subscriptions (e.g. remove banner adverts) they are linked to the user and are in any case non-transferable. The respective period is determined by the user during the order process (minimum 1 month and maximum 12 months) and is automatically extended for an indefinite period if the user does not cancel the subscription service before the end of the period. The cancellation period is one month. The user can use the cancellation buttons provided for this purpose.
4.2 Subscription services can be purchased using the payment methods offered during the ordering process. The prices quoted include VAT. The subscription services will be activated upon successful receipt of payment by SPM Sportplatz-Media.
5. Rights of use
5.1 The user receives the simple, non-transferable and non-sublicensable copyright usage right to use the services as intended for as long as the account exists - in the case of subscription services for the duration of the paid period.
6. User obligations, access blocking
6.1 When using the services, the user may not (i) transmit or otherwise use illegal content (e.g. infringement of industrial property rights, copyrights, personal rights and property rights or other rights of third parties); (ii) transmit content with viruses, so-called Trojan horses or other programming that may damage our services; or (iii) integrate source code into the services, which enables the user to extract data from the database or the services.
6.2 SPM Sportplatz-Media is entitled to block access to the offers if the user violates his obligations under Section 6.1. violates. The decision to delete content provided by users is made by the responsible person at SPM Sportplatz-Media in accordance with Article 14 Paragraph 4 of the Digital Service Act.
7. Hyperlinks
7.1 The offers may contain hyperlinks to third-party websites. SPM Sportplatz-Media assumes no responsibility for the content of these websites, nor does SPM Sportplatz-Media adopt these websites and their content as its own, as SPM Sportplatz-Media does not control the linked information and is not responsible for the content and information provided there. Their use is at the user's own risk.
8. Warranty
8.1 SPM Sportplatz-Media guarantees that the offers will be available as trouble-free as possible within the scope of what is technically and operationally reasonable. Times in which the offers cannot be reached or can only be reached to a limited extent due to technical or other problems outside the scope of SPM Sportplatz-Media (e.g. force majeure, fault of third parties, etc.) are excluded from this. SPM Sportplatz-Media will immediately rectify faults for which SPM Sportplatz-Media is responsible within the scope of what is technically and operationally reasonable.
8.2 In all other respects, the statutory provisions on warranty law shall apply.
9. Prediction game
9.1 Users have the opportunity to organise an internal team prediction game free of charge. The TeamPlus Prediction Game may not be used for illegal gambling within the framework of the applicable legal provisions. Such use authorises SPM Sportplatz-Media to delete the prediction game immediately.
10. Deputy
10.1 Users have the option of being represented by a proxy. To do this, a user (hereinafter referred to as the ‘representative’) sends an invitation from their account to the person who is to represent them or the persons who are to represent them (hereinafter referred to as ‘representatives’). The representatives can accept the invitation and are thus given the opportunity to fully operate the account in place of the representative. The representing party and the representative may unilaterally terminate the representative relationship at any time. By sending an invitation to representatives, the representative consents to the representation.
11. Liability, viruses and malware
11.1 SPM Sportplatz-Media is liable to the user in the event of intent or gross negligence or culpable injury to life, limb or health for damages in accordance with the statutory provisions. Otherwise, SPM Sportplatz-Media shall only be liable to the user for foreseeable, direct damages typical of the contract and only if SPM Sportplatz-Media or a legal representative or vicarious agent of SPM Sportplatz-Media has acted culpably.
11.2 Insofar as it is a free service, SPM Sportplatz-Media is only liable for intent and gross negligence.
11.3 Even if SPM Sportplatz-Media always endeavours to keep the offers free of viruses and malware, SPM Sportplatz-Media does not guarantee freedom from viruses or malware. Before downloading information, the user shall ensure that appropriate security measures and virus scanners are in place for their own protection and to prevent viruses on the application.
12. Cancellation policy
12.1 Right of cancellation: The user has the right to cancel this contract within fourteen days without giving any reason. The cancellation period begins fourteen days from the day the contract is concluded. To exercise the right of cancellation, the user must inform SPM Sportplatz-Media GmbH, Schleidenstraße 3, 22083 Hamburg, [email protected] by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to cancel this contract. The following form can be used for cancellation:
Sample cancellation form
(If you want to cancel the contract, please fill out this form and send it back to us)
To: SPM Sportplatz Media GmbH, Schleidenstraße 3, 22083 Hamburg
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Fecha
- (*) Delete as appropriate.
In order to comply with the cancellation period, it is sufficient for the user to send the notification of the cancellation before the cancellation period expires.
12.2 In order to comply with the cancellation period, it is sufficient for the user to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
12.3 Consequences of cancellation: If the user cancels this contract, SPM Sportplatz-Media will refund the user all payments that SPM Sportplatz-Media has already received immediately and at the latest within fourteen days from the day on which the notification of cancellation was received. For this repayment, SPM Sportplatz-Media will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise; in no case will the user be charged any fees for this repayment. If the User has requested that SPM Sportplatz-Media should begin to perform the services during the cancellation period, the User shall pay a reasonable amount corresponding to the proportion of the services already provided by the time the User informs SPM Sportplatz-Media of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
12.4 Special note: The right of cancellation expires prematurely if the contract is completely fulfilled by us before you have exercised your right of cancellation.
13. Other provisions
13.1 Verbal collateral agreements are invalid. Amendments and/or supplements to these terms and conditions must be made in writing. This also applies to any amendment to this clause.
13.2 SPM Sportplatz-Media is entitled to use the assistance of third parties to fulfil its obligations under these terms and conditions. SPM Sportplatz-Media is also authorised to transfer all rights and obligations arising from these terms and conditions to a third party.
13.3 Should individual provisions of these terms and conditions be or become invalid or incomplete, the validity of the remaining provisions shall remain unaffected.
13.4 German substantive law shall apply to the exclusion of German conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
13.5 Sportplatz-Media does not participate in dispute resolution proceedings before a consumer arbitration board and we are not obliged to do so. In addition, SPM Sportplatz-Media is legally obliged under Art. 14 para. 1 of Regulation (EU) 524/2013 on Online Dispute Resolution in Consumer Matters (ODR Regulation) to refer you to the European Online Dispute Resolution Platform (OS Platform) of the European Commission. This can be accessed via this Link.
