Please read these Terms of Service. You agree to comply with and be bound by these Terms of Service by accessing or using the Ricochet Padel Platform as defined below.
The term “you” as used herein shall mean any person accessing or using the Ricochet Padel Platform as defined below. These Terms of Service (“Terms”) constitute a legally binding agreement between you and Far East Padel Private Limited, the operator Ricochet Padel clubs and the Ricochet Padel Shop (“Ricochet Padel”, “we,” “our” or “us”). These Terms govern your access to and use of the Ricochet Padel Clubs (as defined below), the Ricochet Padel website and any other internet-based or social media site through which Ricochet Padel makes the Ricochet Padel Clubs or Ricochet Padel related information available (collectively, the “Site”), our mobile, tablet, and other smart device applications, and application program interfaces (collectively, the “Application”) and all related services. (The Site, the Application and/or all related services are sometimes referred to herein collectively as the “Ricochet Padel Platform”).
Ricochet Padel reserves the right to change or modify any of the terms and conditions in these Terms from time to time, any time, without prior notice and in its sole discretion. Any changes or modifications to these Terms will be effective upon posting of the changes or modification to the Ricochet Padel website (ricochetpadel.com) or posting of revised Terms to the Ricochet Padel website. No other notification of any changes or modifications to these Terms shall be required. Your continued use of the Ricochet Padel Platform following the posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Ricochet Padel Platform. You are responsible for regularly reviewing the most current Terms. Our Privacy Policy and Guest Agreement applicable to your use of the Ricochet Padel Platform are incorporated by reference into these Terms.
1. Eligibility and Using the Ricochet Padel Platform
Your participation in using the Ricochet Padel Platform or the Ricochet Padel Clubs is for your sole, personal use and not for commercial purposes. By using the Ricochet Padel Platform you represent to Ricochet Padel that you are at least 18 years of age and suffer from no legal incapacity to enter into contracts. You may not authorize others to use your Ricochet Padel username and/or password, and you may not assign or otherwise transfer your user account and/or password to any other person or entity. When using the Ricochet Padel Platform or Ricochet Padel Clubs, you agree to comply with all applicable laws of the country, state and city in which you are present while using the Ricochet Padel Platform and/or the location of any Ricochet Padel Clubs used in connection with your Ricochet Padel Account (as defined below).
As further described in the Privacy Policy, Ricochet Padel uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the Ricochet Padel Platform. The processing of payments or credits, as applicable, in connection with your use of the Ricochet Padel Platform and
Ricochet Padel Clubs will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Ricochet Padel is not responsible for any errors, omissions or damages caused or made by the Payment Processor.
Ricochet Padel Club(s) as used herein shall mean any physical location, area or venue to which Ricochet Padel gives you access for the purpose of engaging in the activity of playing padel tennis. By using the Ricochet Padel Platform, you agree to be bound by and comply with any additional terms, conditions and policies provided by the owner (“Building Owner”), tenant, and property manager of the Ricochet Padel Clubs (collectively, the “Property Managers“) relating to the use of a specific Ricochet Padel Club(s), including compliance with building security procedures, IT access and use procedures provided by the Property Managers (the “Manager’s Policies“). The Manager’s Policies may be provided in electronic format through the Ricochet Padel Platform or in hardcopy or other format at the Ricochet Padel Clubs.
2. Account Registration
In order to be able to use the Ricochet Padel Platform or the Ricochet Padel Clubs you first need to sign up for an account with Ricochet Padel, which you can do through the Ricochet Padel Platform. Once you complete your sign-up with Ricochet Padel, you will be provided with a personal account (an “Account”). Before booking, you will be asked to provide Ricochet Padel with your personal information, mobile telephone number and credit card information (which will be held and processed by our third-party Payment Processor further details of which are set out in the paragraph above and in our Privacy Policy). You agree to maintain complete, accurate, and up-to-date information in your Account. Your failure to maintain complete, accurate, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Ricochet Padel Platform or the Ricochet Padel Clubs. Ricochet Padel reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Ricochet Padel Platform for any reason, including if you violate these Terms in any respect or provide information that is untrue, inaccurate, not current or incomplete, or if Ricochet Padel has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, You may not use the Ricochet Padel Platform or Ricochet Padel Clubs for any illegal purpose or in any manner inconsistent with these Terms.
You are responsible for all activity that occurs with respect to your Account, including, without limitation, use of the Ricochet Padel Platform and Ricochet Padel Clubs. Without limiting the foregoing, for any reservation made or use of any Ricochet Padel Clubs through your Account, you hereby agree to be fully responsible and to indemnify Ricochet Padel for any damages or claims arising out of your use of the Ricochet Padel Platform or Ricochet Padel Clubs, or violation of these Terms or applicable laws, rules or regulations, whether such damages, claims or violation were caused by you or by other persons using the Ricochet Padel Platform or Ricochet Padel Clubs in connection with or through your Account (“Your Guests”).
3. Ricochet Padel House Rules
By using the Ricochet Padel Platform, you agree that
- You and Your Guests will not use the Ricochet Padel Platform and Ricochet Padel Clubs for dangerous, unlawful or illegal purposes.
- You and Your Guests will not use the Ricochet Padel Platform or Ricochet Padel Clubs for any inappropriate purposes, including but not limited to drug use, gambling or prostitution, pornography, sexual activity, violent, dangerous or threatening behavior, skateboarding, biking, roller-skating, roller blading, cooking, commercial purposes or any other purpose unrelating to engaging in the activity of padel tennis or which is reasonably likely to reflect negatively on Ricochet Padel or any Building Owner.
- It is explicitly prohibited to smoke or vape in the Ricochet Padel Clubs.
- You and Your Guests will not light or allow any candles, incense sticks or naked flames in the Ricochet Padel Clubs or cause any smoke, vapor, fire or fumes.
- You and Your Guests will not make excessive noise in the Ricochet Padel Clubs, nor create any noise, music or loud sounds, nor conduct any other activity which would in Ricochet Padel’s or any Property Manager’s judgment disturb other Ricochet Padel clients, guests, or other tenants in any building containing a Ricochet Padel Club.· You and Your Guests will follow all additional rules, regulations, and by-laws regarding the Ricochet Padel Clubs, as may be communicated through the Ricochet Padel Platform, these Terms, posted signs, or otherwise.
- You and Your Guests will not use the Ricochet Padel Platform or Ricochet Padel Clubs for sending or storing any unlawful material or for fraudulent purposes.
- You and Your Guests will not damage, alter, install, remove or modify any fixtures, equipment, machinery or appliances in the Ricochet Padel Clubs.
- You and Your Guests are responsible for leaving the Ricochet Padel Clubs undamaged and in a clean and tidy condition.
- Neither Ricochet Padel nor any Property Manager is responsible for any property you and Your Guests may leave behind in a Ricochet Padel Club. It is your responsibility to ensure that you have taken all of your personal belongings when leaving a Ricochet Padel Club.
- You and Your Guests may be held liable and charged for any costs to repair any damage to the Ricochet Padel Clubs and items therein beyond normal wear and tear during your use of the Ricochet Padel Club.
- You may be held liable and will be charged by Ricochet Padel for any items not belonging to you that are taken by you or your Guests from the Ricochet Padel Clubs.
- You and Your Guests will not use the Site, Ricochet Padel Clubs or Ricochet Padel Platform to cause nuisance, harassment, or inconveniences to other users, Building Owners, tenants or others.
- You will not copy, or distribute the Site, Application or other content relating to or a part of the Ricochet Padel Platform without prior written permission from Ricochet Padel.
- You and Your Guests will not willfully or negligently harm the Ricochet Padel Platform or Ricochet Padel Clubs in any way whatsoever.
- You and Your Guests will provide Ricochet Padel and/or the Property Mangers with whatever proof of identity we/they may reasonably request.
- When using the internet within the Ricochet Padel Clubs, you and Your Guests shall only use it for lawful purposes, and without restricting the foregoing, you shall not use it for purposes of illegal, criminal or lurid or obscene acts, fraudulent or other inappropriate behaviour.
- You and Your Guests must wear clothing appropriate to the Ricochet Padel Club while using the Ricochet Padel Club, including wearing shirts, pants (or shorts) and footwear of an appropriate nature and not containing any inappropriate or obscene logo or design. No clothing may be changed except in a private bathroom area.· There is a capacity limit as to the number of persons permitted in a Ricochet Padel Club at any given time, and that such limit shall be posted on the Ricochet Padel Platform, and you hereby agree to adhere to such capacity limit.
- You and Your Guests hereby consent to the use of sensors by Ricochet Padel to track the location of various items in the Ricochet Padel Clubs, which (without limitation) shall be used by Ricochet Padel to optimise the Ricochet Padel Clubs. You and Your Guests consent to the audio or visual monitoring and/or recording of the public areas of any Ricochet Padel Club, and to the use and public disclosure of such audio or video recordings for legitimate business purposes of Ricochet Padel, including marketing and advertising without compensation to you.
- You will report to Ricochet Padel promptly upon its occurrence any damage to any Ricochet Padel Club, its equipment or fixtures, or any incident arising at any Ricochet Padel Club which caused any harm or damage to any person or property of a material nature
- You and Your Guests will treat all other users of any Ricochet Padel Clubs (or occupants of any Building in which a Ricochet Padel Club is located) in a courteous, respectful and appropriate manner at all times.
- You and Your Guests may not charge any fee to any person in connection with the use of a Ricochet Padel Club whether for private lessons or otherwise without Ricochet Padel’s express written consent.
If you feel that any person associated with Ricochet Padel or any person in a Ricochet Padel Club that you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Ricochet Padel with your police station and report number (if applicable), provided that your report will not obligate us to take any action beyond that required by law, if any, or cause us to incur any liability.
You further acknowledge that your use of the Ricochet Padel Clubs does not constitute Ricochet Padel or the Building Owner granting you a lease, but is rather a limited, revocable, non-exclusive, non-transferable contractual license to use the Ricochet Padel Clubs, subject to the terms of this Agreement. In its sole discretion and without limiting any of Ricochet Padel’s other rights hereunder, Ricochet Padel may restrict, suspend or terminate your access to the Ricochet Padel Clubs in the event of fraud, trespassing, or violation of this Agreement, or for any other lawful reason in the sole discretion of Ricochet Padel.
4. Damages, Repair or Cleaning Fees
As a user of a Ricochet Padel Club, you are responsible for leaving the Ricochet Padel Club (including any property in the Ricochet Padel Club) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of Your Guests or other persons to whom you provide access to the Ricochet Padel Club. You are responsible for the cost of repair for damage to, or necessary cleaning of, Ricochet Padel Clubs resulting from your violation of these Terms or your use of the Ricochet Padel Platform or Ricochet Padel Clubs in excess of normal “wear and tear.” If Ricochet Padel, in its reasonable discretion, determines that excessive repair or cleaning is required, Ricochet Padel reserves the right to charge the payment method designated in your Account for the reasonable cost of such repair and/or cleaning, as well as an additional service fee which shall not exceed $500 Singapore Dollars per occurrence and you agree to be responsible for payment of same. Any such amounts are non-refundable and at the reasonable discretion of Ricochet Padel.
5. Payment Terms
Any fees which Ricochet Padel may charge you for the use of the Ricochet Padel Platform or Ricochet Padel Clubs, will be as set out on the Ricochet Padel Platform at the time of purchase, are inclusive of any taxes payable, are due immediately and are non-refundable. This no refund policy shall apply at all times in Ricochet Padel’s discretion regardless of your decision to terminate your usage, Ricochet Padel’s decision to terminate your usage, disruption caused to our Ricochet Padel Platform or Ricochet Padel Clubs either planned, accidental or intentional, or any reason whatsoever. Ricochet Padel reserves the right to determine final prevailing pricing.
You do hereby agree that you shall be charged fees based on the length of time of your booking of the Ricochet Padel Clubs (regardless if you only make use of the Ricochet Padel Clubs for less than your booked time for any reason). If you exceed the amount of time for which you booked a Ricochet Padel Club, then you shall be charged for such excess time, as well as an overage charge not to exceed two times the amount charged for the subject booking if such excess time conflicts with another user’s booked time. You do hereby consent to such excess time charges and to such overage charge.
Ricochet Padel may make promotional offers to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Ricochet Padel may change the fees for the Ricochet Padel Platform Ricochet Padel Clubs or other services at our sole discretion.
If a credit card charge is declined, we will notify you to provide a valid replacement. Failure to provide a replacement within 48 hours may result in the suspension of your rights to access the Ricochet Padel Platform. If a payment is declined, refunded, cancelled or charged back by your credit card issuing bank, or another person, you are not entitled to the return of any associated service fees (such as payment processing fees), irrespective of the reason for such decline, refund, cancellation or charge back. Ricochet Padel reserves the right, at its sole discretion, to review and refuse a payment or the processing of a payment if it suspects any fraudulent activity or for any reason whatsoever. If you access the Ricochet Padel Platform via your mobile phone (through the Application, for example), please be aware that your telco’s normal rates will still apply.
6. License, Restrictions and Copyright Policy
Subject to your compliance with these Terms, Ricochet Padel grants you a limited, non-exclusive, non-transferable and revocable license to use the Ricochet Padel Platform. Should you choose to download content from the Ricochet Padel Platform, you must do so in accordance with these Terms. Such content is provided to you for its intended purposes only and remains at all times the property of Ricochet Padel.
You will not use, copy, adapt, decompile, modify, reverse engineer, prepare derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Ricochet Padel Platform or any component thereof, Ricochet Padel Clubs, or any content therein, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise with respect to any intellectual property rights owned or controlled by Ricochet Padel or its licensors, except for the licenses and rights expressly granted in these Terms or expressly agreed in writing by Ricochet Padel.
7. User Content
Ricochet Padel may, in its sole discretion, permit users of the Ricochet Padel Platform to post, upload, publish, submit or transmit content. You are solely responsible for all content that you upload, email, post or otherwise transmit via or to the Ricochet Padel Platform, including documents, text, graphics, video, messages, forum postings, profile information, comments, questions, or other materials (“User Content”). By making available any User Content on or through the Ricochet Padel Platform, or Ricochet Padel Club, you hereby grant to Ricochet Padel a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, sublicensable and transferable right, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content including but without limitation on, through or by means of the Ricochet Padel Platform or Ricochet Padel Clubs. In connection herewith, you hereby renounce and waive in favor of Ricochet Padel any moral rights you have or might have, now or in the future, with respect to User Content. Nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You also hereby represent and warrant that you have the right to grant us this right over your User Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims resulting from same.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Ricochet Padel Platform or Ricochet Padel Clubs. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Ricochet Padel Platform or Ricochet Padel Clubs or you have all rights, licenses, consents and releases that are necessary to grant to Ricochet Padel the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Ricochet Padel’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
8. Intellectual Property
All intellectual property rights in and to the Ricochet Padel Platform and any component thereof, and the Ricochet Padel Clubs, including, including but not limited to patents, copyrights, trademarks, industrial designs, trade secrets, and service marks, are the exclusive property of Ricochet Padel or are licensed to Ricochet Padel. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Ricochet Padel Platform and any component thereof. Any use of materials on the Ricochet Padel Platform other than as permitted in these Terms including reproduction, modification, distribution, or republication, without prior written permission of Ricochet Padel is absolutely prohibited. “Ricochet Padel”, the Ricochet Padel logo and other trade and/or service marks are the exclusive property of Ricochet Padel and may not be used for any of the aforementioned purposes. Ricochet Padel may protect the Ricochet Padel Platform by technological means intended to prevent unauthorised use of the Ricochet Padel Platform. You undertake not to circumvent these means. Infringement of the rights in and to the Ricochet Padel Platform will, in addition to any other right or remedy available to Ricochet Padel, in and of itself, result in the termination of all your rights under these Terms.
9. Additional Restrictions on Use
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Ricochet Padel Platform or any component thereof or the Ricochet Padel Clubs in any way; (ii) modify or make derivative works based upon the Ricochet Padel Platform or Ricochet Padel Clubs; (iii) create Internet “links” to, or “frame” or “mirror” the Ricochet Padel Platform or any component thereof on any other server or wireless or Internet-based device; (iv) reverse engineer the Ricochet Padel Platform or any component thereof, or access the Ricochet Padel Platform in order to (a) build a competitive product or service, (b) build, use, exploit or make available a product or service using similar ideas, features, functions or graphics of the Site, Ricochet Padel Clubs or Application, or (c) copy any ideas, features, functions or graphics of the Ricochet Padel Platform or any component thereof or the Ricochet Padel Clubs, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Ricochet Padel Clubs, the Ricochet Padel Platform or any component thereof.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violate third party privacy rights and material that could be considered as sexual or psychological harassment or of a discriminatory nature; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Ricochet Padel Platform or Ricochet Padel Clubs or the data contained therein; or (v) attempt to gain unauthorised access to the Ricochet Padel Platform or Ricochet Padel Clubs or its related systems or networks.
Ricochet Padel will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Ricochet Padel may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Ricochet Padel has no obligation to monitor your access to or use of the Ricochet Padel Platform, Ricochet Padel Clubs or User Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Ricochet Padel Platform or Ricochet Padel Clubs, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ricochet Padel reserves the right, at any time and without prior notice, to remove or disable access to any User Content that Ricochet Padel, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Ricochet Padel Platform or Ricochet Padel Clubs.
10. SMS Messaging
Subject to obtaining your consent, Ricochet Padel may send you SMS messages in relation to your bookings and use of Ricochet Padel Clubs and for promotional purposes. Message and data rates may apply.
If you change your mobile phone service provider, you might have to re-enroll with Ricochet Padel in order to receive future SMS messages. Ricochet Padel reserves the right to stop sending SMS messages at any time; you may opt-out at any time by replying from your mobile phone to any text from Ricochet Padel with the word STOP, which opt-out will become effective within seven (7) days. It is important to note that opting out of SMS messaging may prevent you from receiving information necessary to properly use the Ricochet Padel service, such as room access codes and other important information.
11. Third Party Services
During use of the Ricochet Padel Platform and Ricochet Padel Clubs, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Ricochet Padel Platform or Ricochet Padel Clubs. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. Ricochet Padel and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction, services or promotion between you and any such third party. Ricochet Padel does not endorse any sites on the Internet that are linked through the Ricochet Padel Platform or Ricochet Padel Clubs and in no event shall Ricochet Padel or its licensors be responsible for any content, products, services or other materials on or available from such sites or third-party providers. Ricochet Padel provides the Ricochet Padel Platform and Ricochet Padel Clubs to you pursuant to the terms and conditions of this Agreement. You recognise, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Ricochet Padel disclaims any and all responsibility or liability arising from such agreements between you and the third-party providers.
Ricochet Padel may rely on third party advertising and marketing supplied through the Ricochet Padel Platform or Ricochet Padel Clubs and other mechanisms to subsidize the Ricochet Padel Platform or Ricochet Padel Clubs. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you must notify us in writing. Ricochet Padel reserves the right to charge you a higher fee for the Ricochet Padel platform or Ricochet Padel Clubs as the case may be, should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on Ricochet Padel’s website located at http://Ricochet Padel.com. Ricochet Padel may compile, release and disclose non-identifiable information regarding you and your use of the Ricochet Padel Platform or Ricochet Padel Clubs as part of a customer profile or similar report or analysis, including, without limitation to third party service providers. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Ricochet Padel Platform or Ricochet Padel Clubs.
12. Indemnity
You agree to release, defend, indemnify and hold harmless Ricochet Padel, applicable Building Owners, and their respective officers, directors, agents, subsidiaries, joint ventures, employees, tenants and third-party service providers, from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (1) your improper use of or access to the Ricochet Padel Platform; (2) your violation of any provision contained in these Terms; (3) your violation of any law or the rights of a third party (including, without limitation, any copyright, intellectual property or privacy right); or (4) any claim that any content you submitted caused damage to a third party. You agree to notify Ricochet Padel and in writing of such claim. This indemnification obligation will survive the termination of these Terms and your use of the Ricochet Padel Platform.
13. Disclaimer
RICOCHET PADEL PROVIDES THE RICOCHET PADEL CLUBS, THE RICOCHET PADEL PLATFORM AND ITS CONTENT, MATERIALS, INFORMATION, SOFTWARE AND PRODUCTS INCLUDED THEREIN INCLUDING SEPARATE SERVICES PERFORMED BY THIRD PARTIES UNDER CONTRACT FOR USE ON AN “AS IS”, “WHERE IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RICOCHET PADEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE RICOCHET PADEL PLATFORM, INCLUDING WITHOUT LIMITATION, (I) ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, PERFORMANCE, COMPATIBILITY, SECURITY OR ACCURACY; AND THAT THE QUALITY OF THE RICOCHET PADEL CLUBS, AS WELL AS ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE RICOCHET PADEL PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE RICOCHET PADEL PLATFORM AND RICOCHET PADEL CLUBS, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT: (A) THE LOCKING MECHANISM, IF ANY, USED ON THE RICOCHET PADEL CLUBS IS PROVIDED BY A THIRD PARTY, AND RICOCHET PADEL AND BUILDING OWNERS SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE OF THE LOCKING SYSTEM TO WORK IN ITS INTENDED MANNER, INCLUDING WITHOUT LIMITATION ANY LOSS OR THEFT OF YOUR PROPERTY; (B) THE RICOCHET PADEL CLUBS ARE LOCATED IN BUILDINGS WHICH ARE NOT OWNED OR MANAGED BY RICOCHET PADEL, AND RICOCHET PADEL MAKES NO REPRESENTATIONS OR WARRANTIES RELATING THERETO. ADDITIONALLY, Ricochet Padel AND BUILDING OWNERS MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE SUITABILITY OF ANY RICOCHET PADEL CLUB FOR ANY PARTICULAR ACTIVITY NOR ANY ACTIVITIES THAT ARE CARRIED ON IN THE RICOCHET PADEL CLUBS, AND SHALL NOT BE LIABLE IN ANYWAY FOR SUCH ACTIVITIES.
RICOCHET PADEL AND BUILDING OWNERS MAKE NO REPRESENTATION REGARDING THE WIFI ACCESSIBLE IN THE RICOCHET PADEL CLUBS, INCLUDING WITH REGARD TO ACCESS THERETO.
RICOCHET PADEL DOES NOT WARRANT THAT THE RICOCHET PADEL PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT THE RICOCHET PADEL PLATFORM WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORISED ACCESS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, ORIGINATING EITHER FROM RICOCHET PADEL OR ITS PROVIDERS. NEITHER YOU NOR US SHALL HAVE ANY LIABILITY TO THE OTHER ARISING FROM CIRCUMSTANCES BEYOND OUR OR YOUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD OR NATURE, POWER, COMMUNICATIONS, SATELLITE OR NETWORK FAILURES, UNAUTHORISED ACCESS OR THEFT, ACTS OF WAR OR TERROR; OR LABOR DISPUTES OR STRIKES.
14. Limitation of Liability
RICOCHET PADEL ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, SUB-CONTRACTORS, AGENTS AND BUILDING OWNERS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, ARISING FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE RICOCHET PADEL PLATFORM AND/OR THE RICOCHET PADEL CLUBS, OR FROM ANY FAULT, OR ERROR MADE BY OUR EMPLOYEES OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR ACCOUNT, OR FROM THE RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE RICOCHET PADEL PLATFORM. IN NO EVENT SHALL RICOCHET PADEL’S, ITS LICENSORS’ OR ANY BUILDING OWNER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF (OR INABILITY TO USE) A RICOCHET PADEL CLUB, THE RICOCHET PADEL PLATFORM EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO RICOCHET PADEL IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR THE AMOUNT OF FIFTY US DOLLARS WHICHEVER IS GREATER. YOU UNDERSTAND AND AGREE THAT YOU OBTAIN OR OTHERWISE DOWNLOAD CONTENT, MATERIAL OR DATA THROUGH OR FOR THE USE OF THE RICOCHET PADEL PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA AND/OR USE OF THE RICOCHET PADEL PLATFORM. IN ADDITION, RICOCHET PADEL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA ITS WEBSITE OR THE RICOCHET PADEL PLATFORM IS ACCURATE, COMPLETE OR UP TO DATE.
YOUR USE OF THE RICOCHET PADEL PLATFORM AND RICOCHET PADEL CLUBS MAY BE SUBJECT TO VARIOUS LAWS AND YOU MAY HAVE RIGHTS WHICH VARY ACROSS JURISDICTIONS. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, THE LIMITATIONS AND/OR EXCLUSIONS FOUND HEREIN MAY NOT APPLY TO YOU. ANY PROVISION FOUND HEREIN SHALL NOT BE ENFORCEABLE SOLELY TO THE EXTENT THAT IT IS PROHIBITED BY AN APPLICABLE LAW.
RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING RICOCHET PADEL CLUBS OFFERED VIA THE RICOCHET PADEL PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. RICOCHET PADEL WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH RICOCHET PADEL CLUBS, THEIR BUILDING OWNERS OR OTHER THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE RICOCHET PADEL AND BUILDING OWNERS, TO THE MAXIMUM EXTENT ALLOWABLE UNDER APPLICABLE LAW, FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE RICOCHET PADEL PLATFORM OR RICOCHET PADEL CLUBS, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE RICOCHET PADEL PLATFORM OR RICOCHET PADEL CLUBS.
THE QUALITY AND SAFETY OF THE BUILDINGS IN WHICH THE RICOCHET PADEL CLUBS ARE LOCATED ARE ENTIRELY THE RESPONSIBILITY OF THE BUILDING OWNERS. YOU UNDERSTAND THAT BY USING THE RICOCHET PADEL PLATFORM AND THE RICOCHET PADEL CLUBS, YOU MAY BE EXPOSED TO LOCATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE RICOCHET PADEL PLATFORM AND THE RICOCHET PADEL CLUBS AT YOUR OWN SOLE RISK.
TO THE EXTENT APPLICABLE UNDER LOCAL LAW, NOTHING IN THIS AGREEMENT SHALL LIMIT RICOCHET PADEL’S LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY RICOCHET PADEL’S GROSS NEGLIGENCE, OR (B) FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
15. Rating System
You may be required to rate certain aspects of your overall experience of the Ricochet Padel Clubs, which rating will be prompted through the Ricochet Padel Platform. If you do not participate in such rating when requested, Ricochet Padel reserves the right (without limiting any of Ricochet Padel’s other rights hereunder) to restrict your access to the Ricochet Padel Clubs. Additionally, if Ricochet Padel, or if other users, rate your usage of the Ricochet Padel Clubs as being below a threshold acceptable to Ricochet Padel, then we may in our sole discretion, and without limiting any of Ricochet Padel’s other rights hereunder, restrict your access to the Ricochet Padel Clubs.
16. Notices
Ricochet Padel may send you notices by means of email to your email address on record in Ricochet Padel’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Ricochet Padel’s account information. You may give notice, and address any complaint or claim to Ricochet Padel (such notice, complaint or claim shall be deemed given when received by Ricochet Padel) at any time by means of email to hello@ricochetpadel.com.
17. Applicable Law; Jurisdiction and Disputes
These Terms are governed by and construed in accordance with the laws of the Republic of Singapore, without regard to the conflicts of laws provisions thereof. To the fullest extent permitted by applicable law, the parties attorn to the personal jurisdiction of the Singapore Courts and agree that such courts shall have exclusive jurisdiction over any dispute arising hereunder or relating to Ricochet Padel.
18. Termination
You agree that Ricochet Padel, in its sole discretion and for any or no reason, may terminate any member or customer Account (or any part thereof) you may have with Ricochet Padel or your use of Ricochet Padel Club, and remove and discard all or any part of your account or any of your User Content, at any time. Ricochet Padel may also in its sole discretion and at any time discontinue providing access to the Ricochet Padel Platform and Ricochet Padel Clubs, or any part thereof, with or without notice. You agree that any termination of your access to the Ricochet Padel Platform or Ricochet Padel Clubs, or t any Account you may have or portion thereof may be effected without prior notice, and you agree that Ricochet Padel shall not be liable to you for such action. These remedies are in addition to any other remedies Ricochet Padel may have at law or in equity.
You may terminate your Account at any time by deleting the Application from your device, ceasing all use of the Ricochet Padel Platform and Ricochet Padel Clubs and requesting Ricochet Padel to cancel your Account via email sent to info@RicochetPadel.com.
19. General
No joint venture, partnership, employment, or agency relationship exists between you, Ricochet Padel or any third-party provider as a result of these Terms or use of the Ricochet Padel Platform or Ricochet Padel Clubs. These Terms may not be assigned by you (whether in whole or in part) without the prior written approval of Ricochet Padel. These Terms may be assigned without your consent (in whole or in part) by Ricochet Padel, including to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Ricochet Padel to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Ricochet Padel in writing. These Terms comprise the entire agreement between you and Ricochet Padel and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
20. Disclaimer and Assumption of Risk
You declare that you have voluntarily chosen to use the Ricochet Padel Platform and Ricochet Padel Clubs. In doing so, you understand, acknowledge and agree that, despite Ricochet Padel’s effort to provide a safe environment, the use of Ricochet Padel Clubs during the COVID-19 pandemic exposes you to risks that may impact your physical and psychological health (and that of your family and those that come into contact with you). Specifically, the risks include contracting the virus causing COVID-19 which may cause serious bodily injury, including death, and cause, directly or indirectly, property damage and/or economic losses.
You acknowledge to follow and respect all preventive measures promulgated by government authorities and Ricochet Padel (“Measures”) to prevent the spread of COVID-19 and to inform Ricochet Padel immediately if you become aware that any person carrying the virus frequented the premises or that any of the Measures were breached.
You acknowledge that Ricochet Padel does not make any representations or warranties to the effect that the Ricochet Padel Clubs are exempt from the virus causing COVID-19 or that no person infected by the virus causing COVID-19 has recently frequented the Ricochet Padel Clubs. Therefore, subject to applicable laws, you hereby release, waive and renounce in favor of Ricochet Padel, its officers, directors, managers, members, shareholders, employees and agents (collectively, “Ricochet Padel Parties”) any and all liabilities, damages, deficiencies, demands, claims, suits, actions, or causes of action, assessments, losses, costs, expenses (including reasonable legal fees), interest, penalties, obligations, reasonable costs or reasonable expenses of any and all investigations, proceedings, judgments and settlements (collectively, the “Losses”) sustained or incurred by you, directly or indirectly, relating to the virus causing COVID-19 (the “Released Claims”) and hereby grant to the Ricochet Padel Parties a complete, total and final release and discharge with respect to the Released Claims heretofore or hereafter arising. You agree that, to the extent permitted under applicable laws, Ricochet Padel shall have no liability whatsoever towards you or any of Your Guests, whether by contractual, extra-contractual, tort, or other means, for any direct, indirect, special, consequential, exemplary or punitive damages or for any other damages, lost profits or revenues, arising out of or relating to COVID-19.
You undertake to take responsibility and to defend and hold harmless the Ricochet Padel Parties from and against any and all Losses, resulting from, arising out of or otherwise by virtue of (i) your failure to comply with any of the Measures or (ii) your actions in contravention of these Terms.