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Terms and Conditions of Use

1. Introduction

1.1. RODA SpA, Tax ID No. 76.558.392-6 , domiciled at Avenida La Dehesa N° 1.822, Torre Sur, Oficina 702, Comuna de Lo Barnechea, Santiago, Región Metropolitana, Chile, hereinafter referred to as "EASYCANCHA", owns the rights to the easycancha platform.


1.2. These terms and conditions of use of the easycancha platform apply and must be must be complied with by all Users who in any way access or use easycancha or any of the services and products related therewith.


1.3. You hereby agree to each and every term and condition set forth in this document and in EASYCANCHA privacy policies. Should you not agree with these terms and conditions, or with any terms of use of the Platforms and/or services provided by EASYCANCHA, and/or with EASYCANCHA privacy policies, do not use or access, download or install the easycancha application or delete it from your mobile phone or device, and do not make any use of the Platforms.



2. Definitions

2.1. “App”: Mobile application through which the User can contract the Services and Products offered by the Supplier(s).


2.2. “EASYCANCHA”: RODA SpA, as defined above.


2.3. Platform(s)" or "System(s)": Website and/or App and/or any other technology that EASYCANCHA may offer in the future through which the Services and Products may be contracted.


2.4. “Supplier(s)”: Club(s) or sports facility(ies) and other legal entities or individuals offering Services and Products through the Platforms.


2.5. “Services y Products”: Those services and products provided by Supplier(s) that are offered to Users on any of the Platforms.


2.6. “Website”: Internet Portal through which Users may contract the Services and Products provided by the Supplier(s), which address is www.easycancha.com.


2.7. “User(s)” o “you”: Individual(s) or legal entity(ies) making use of any Platform, and/or contracting Services and Products provided by the Supplier(s).



3. License to use the Platforms

 3.1. EASYCANCHA provides the User with a limited, personal, non-exclusive, non-transferable, non-commercial and fully revocable license to use the Platforms, on mobile devices or computers, pursuant to the terms and conditions contained herein.


3.2. EASYCANCHA owns the intellectual and industrial property rights and the image rights of the contents available on the Platforms, which are protected by the property rights granted by the international laws and treaties on intellectual and industrial property in force in the Republic of Chile.. The User has the right to review the information contained in the Platforms, download, copy or print it only for personal purposes, being strictly prohibited its use for commercial purposes as well as the amendment, copy, reuse, reproduction, distribution, sale, exploitation and transmission thereof for purposes other than those expressly allowed hereunder.


3.3. Access to certain areas of our Platforms is restricted. Likewise, we reserve the right to restrict, in the future, the access to other areas of our Platforms, or all of our Platforms, at our sole discretion.


3.4. Should the User fail to comply with the provisions of this section 3, or with the terms and conditions herein set forth, EASYCANCHA may suspend or disable, immediately and fully, without notice or court resolution, the User’s ID and password, as stated in section "Penalties for misuse".



4. Acceptable use

4.1. The User agrees not to use the Platforms and any service provided by EASYCANCHA improperly, and guarantees such use will be made at all times in accordance with the legislation in force in the Republic of Chile ). EASYCANCHA reserves the right to suspend all or part of the services or access to the Platforms, or to permanently cease to provide you with services or access to the Platforms, if you breach these terms and conditions or any other conditions or policies informed by EASYCANCHA, even if the investigation of alleged misconduct is ongoing.


4.2. The User also agrees not to use our Platforms for illegal, fraudulent or harmful purposes which cause or may cause damage thereto, interruptions in the availability of the services provided by EASYCANCHA or the offer of Services and Products by Suppliers, or that are related to any purpose or activity in violation of the legislation in force in the Republic of Chile. Furthermore, the User may not perform any action or use any device, software or other means to interfere with the Platforms or the databases owned by EASYCANCHA, or perform any data collection activity, either manual, systematic or automated, in relation to the content or operation of our Platforms, without our express consent, which must be granted in writing by the duly authorized legal representative of EASYCANCHA.

 


5. Registration and account

5.1. When you register on the Platforms, you agree to provide EASYCANCHA the information you enter in the forms and registration fields, which you guarantee is accurate, complete and up-to-date, and you agree to keep it current, and EASYCANCHA shall have no obligation to monitor or control the accuracy thereof.


5.2. All individuals who are not restricted as to their legal capacity to perform certain legal acts under the laws of the Republic of Chile , and provided their accounts have not been temporarily suspended or permanently disabled as stated in section "Penalties for misuse", are authorized to use the Platforms and the services provided by EASYCANCHA, upon acceptance of these terms and conditions. Those who lack such legal capacity, such as minors and those legally disqualified, must be assisted by their legal representatives.


5.3. EASYCANCHA reserves the right to bring any legal action it deems appropriate in order to identify Users, as well as to request, at any time, any extra documentation it deems appropriate to verify the User's personal information.


5.4. The User may not transfer or assign in any way its registration or rights under these terms and conditions or under any agreement entered into with EASYCANCHA, under any circumstances.

 

5.5. The User will access the Platforms by typing an e-mail address and their chosen personal security password. EASYCANCHA shall not be liable for any damages resulting from the loss or misuse of the registration password by the User or third parties. The User shall be solely responsible for the safety of his/her user name and password and for any damages that such loss or misuse may cause to EASYCANCHA, the Suppliers, or any third party.


5.6. EASYCANCHA reserves the right to reject any registration request or to cancel a previously accepted registration, without any obligation to inform or explain the reasons for said decision and without this giving rise to any right to compensation or indemnification, notwithstanding the limits set forth by the regulations in force.



6. Users’ obligations, responsibilities and risks

 6.1. The User, by the mere fact of being a User, agrees, without reservation or restriction of any kind, to the following:


6.1.1. Making proper use of the Platforms and any service provided by EASYCANCHA, under its sole responsibility, in compliance of the terms and conditions governing them and the legislation in force.


6.1.2. Refraining from disabling, saturating, impairing or damaging any of the Platforms or performing any activity that prevents the normal use thereof by other Users.


6.2. The User certifies that he/she uses the Platforms and services provided by EASYCANCHA, of his/her own free will, recognizes and accepts the responsibilities and risks related to the use thereof.


6.3. The User acknowledges and agrees that EASYCANCHA does not endorse or guarantee the fitness of the Suppliers from whom he/she purchases the Services and Products and therefore acknowledges that EASYCANCHA shall not be liable for any delay, cancellation and/or communication errors between the User and the Supplier, nor for any delay or default, error in the conditions, advertising or offer, or in the rendering of Services and supply of Products by the Supplier(s).


6.4. Products and Services contracted shall always be used at the User's own risk. Accordingly, the User shall be solely and exclusively liable for any damage or injury, physical or material, that he/she may suffer before, during or after the use of the Product and/or Service contracted from the Supplier(s). The User hereby acknowledges that EASYCANCHA shall under no circumstance be responsible or liable in any way for such events or for any problem, damage or injury arising from the Services and Products.


6.5. By booking, offering and/or purchasing Products and Services through the Platforms, the User agrees to consent to, be bound by and fully comply with the terms and conditions included in the description of such Products and Services, to the extent that they do not violate applicable laws.


6.6.  Besides, the User shall refrain from:


6.6.1. Republishing material or content included in the Platforms.


6.6.2. Reproducing, duplicating, copying or exploiting the material or content included on the Platforms for commercial purposes, or selling, leasing or sub-licensing said material or content.


6.6.3. Editing or modifying any content available on the Platforms, unless it is your personal registration data.


6.6.4. Accessing, displaying or publicly disclosing any restricted material as set forth in the "License to Use the Platforms" section.



7. Limited warranty

7.1. Although we strive to ensure that the information available in the Platforms is reliable, we cannot fully guarantee its accuracy, nor can we ensure that the Platforms will remain available at all times, given the failures and instability inherent to every computer system. Suppliers shall be responsible to the Users for the truthfulness, accuracy, transparency and updating of the information they provide through the Platforms.


7.2. EASYCANCHA will strive to make sure Suppliers respond as fast as possible, although it shall not be liable for the misuse Suppliers may make of the Platforms and systems implemented for this purpose, reserving the right to suspend or terminate, in part or in full, the use thereof by any Supplier that damages the image or service of EASYCANCHA.


7.3. EASYCANCHA does not guarantee the proper operation of the Platforms on all devices and/or browsers.



8. Limitations of liability

8.1. EASYCANCHA only provides access to the Platforms so that Suppliers can offer their Services and Products to Users, and so that Users can purchase such Services and Products. EASYCANCHA does not own the Services and Products, nor provide them to Users. Likewise, EASYCANCHA does not take part in the transactions between Suppliers and Users, so it is not and shall not be liable for the availability, quality or integrity of the Services and Products, nor for any type of damages of any nature affecting Users and/or Suppliers and/or any third party in relation to the Services and Products, whatever the cause, including, but not limited to, any breach of contractual conditions, accident, death, psychological or physical injury, robbery, theft, or other crime.


8.2. These terms and conditions do not create any partnership, agency, franchise or employment relationship between EASYCANCHA and the User. Since EASYCANCHA is not involved in the subsequent negotiation and finalization of the contract to be entered into between the Suppliers and Users, it shall not be liable for the actual performance of the obligations assumed by them upon finalization of the transaction. Accordingly, the User acknowledges and accepts that when carrying out transactions with the Suppliers, he/she does so at his/her own risk.


8.3. EASYCANCHA shall not be liable for any loss or damage of any kind that may be caused to the User, to his/her person or property, or to third parties, for reasons not attributable to EASYCANCHA, as a result of the use of the Platforms or of system, server or Internet failure. Likewise, it shall not be liable for any virus that may infect the User's equipment as a result of accessing, using or examining the Platforms or as a result of any transfer of data on the Platforms.


8.4. The Platforms may contain links to other websites, which does not mean they are owned or operated by EASYCANCHA. Since EASYCANCHA has no control over such sites, it shall not be liable for the content, materials, actions and/or services provided by such sites, nor for damages or losses caused directly or indirectly by the use thereof. The presence of links to other websites does not imply a partnership, relationship, approval or endorsement by EASYCANCHA of those sites and the contents thereof.



9. Indemnity

The User shall indemnify and hold EASYCANCHA, its affiliates, controlled and/or controlling companies, directors, managers, representatives and employees harmless for any claim from other Users or third parties stemming from the User's activities on the Platforms, the breach of these terms and conditions or the violation of any laws or rights of third parties, which shall include attorneys' fees, in a reasonable amount.



10. Penalties for misuse

Should the User fail to comply, or should there be reasonable cause to believe that he/she has not complied with any of the provisions hereof, EASYCANCHA may, at its sole discretion and without prior notice: (i) terminate these terms and conditions and the license to use the Platforms; and/or (ii) temporarily suspend the User's account and prevent access to the Platforms for the period EASYCANCHA deems appropriate, or disable it indefinitely, and EASYCANCHA shall not be liable to the User or third parties for exercising said rights.

 

11. Privacy Policy

Protecting our users' personal data is very important to RODA SpA. This Privacy Policy describes how RODA SpA treats and protects the data collected from users of the www.easycancha.com website.

 

11.1. Data collection and use: RODA SpA receives and stores all the data users enter on our website or provide by any other means. For example, registration requests from users are basically meant to collect their name, e-mail address, telephone number and home address. Downloading the Web application to your cell phone allows us to access information about your location and your mobile device.

This information is collected and obtained as long as the user, upon registration, accepts this Privacy Policy and the Terms and Conditions that are available on our website.

RODA SpA collects this information in order to identify the user who establishes a relationship with the Sports Club or Institution, owner of the facility he/she intends to book through its website www.easycancha.com and to be able to provide the services associated with the use thereof.

 

11.2. Publishing and exchange:  By accepting this Privacy Policy, the user expressly authorizes RODA SpA, under the terms of Section 4 of Law # 19628 , to exchange his /her personal information with third parties and even market them. This authorization may be revoked at any time by the user following the procedure set forth in the section "Data verification, correction and deletion".

The user also expressly authorizes RODA SpA to disclose his/her information to its affiliated or related companies for the sole purpose of providing the services agreed upon.

Finally, the user expressly authorizes RODA SpA to disclose his/her data to the Attorney General's Office, Courts, Investigation Police and other authorities that may request said information, whether as part of an investigation, for reasons of public interest, or in any other way, always in full compliance with Law 19.628 on the Protection of Private Life or the legislation and regulations that may replace it.


11.3. Sending advertising information to your e-mail address: The acceptance of these Terms of Use and Privacy Policy, together with the use of any of RODA SpA's services, implies your express authorization for the company to send marketing information to your e-mail address. Said authorization includes sending marketing and advertising material related to RODA SpA's activities and services.


11.4. Data verification, correction and deletion: In any case, users may verify, correct and/or delete the data they have entered at www.easycancha.com, as well as request that the authorization referred to in the above paragraph be revoked. For any of these requests the user should contact us at contacto@easycancha.com.


11.5. Changes to our Privacy Policy: RODA SpA reserves the right to amend this Privacy Policy to match legislative or case law changes, general industry practices or RODA SpA's internal policies.


11.6. Cookies:


11.6.1. A cookie is a small file that is installed on the hard drive of the device that the User uses to access the Platforms, with a limited duration over time, and which purpose is to help learn about the interests, behavior and demographics of those who use the Platforms, allowing EASYCANCHA to have a better understanding of their needs and interests, in order to customize and improve their experience when using the Platforms and the Services and Products.


11.6.2. The User acknowledges and agrees that EASYCANCHA shall use both session cookies and persistent cookies on the Platforms. Session cookies shall be used to keep track of the User while browsing the Platforms. Persistent cookies shall be used so that our Platforms recognize the User when he/she uses them. Session cookies shall be deleted from the computer or mobile device when the User closes the corresponding Platform. Persistent cookies shall remain stored on the User's computer or mobile device until deleted, or until they reach a specified expiration date.


11.6.3. Most web browsers allow the User to reject cookies. This is achieved through the configuration of each specific browser. However, refusing to accept cookies will have a negative impact as regards the use of the Platforms.



12. Requests by competent authorities

12.1. EASYCANCHA may cooperate with competent authorities and other third parties in order to ensure compliance with the law, for example regarding intellectual property rights protection, fraud prevention and other matters.


12.2. Accordingly, EASYCANCHA may disclose Users’ personal information, upon request of competent judicial or governmental authorities, for the purpose of investigations conducted by them, provided the request has been made in accordance with the regulations in force. In said scenarios, EASYCANCHA will cooperate with competent authorities, in order to safeguard the integrity and safety of the community and Users, under the terms set forth in paragraph 13.3 below.


12.3. EASYCANCHA may disclose any User's personal information, for the purpose of complying with applicable laws and cooperating with competent authorities, to the extent it deems necessary and appropriate at its sole discretion, in connection with any investigation of an unlawful act or fraud, infringement of industrial or intellectual property rights or other illegal activity or that may expose EASYCANCHA or its Users to any legal liability.


12.4. In addition, EASYCANCHA reserves the right to disclose information about its Users, to other Users, entities or third parties, when there are sufficient grounds to consider that a User's activity is suspected of attempting or committing a crime or attempting to harm others. EASYCANCHA may exercise such right at its sole discretion, as it deems appropriate or necessary to maintain the integrity and safety of the community and its Users, to enforce these terms and conditions, and for the purpose of cooperating with law enforcement and complying with the law.



13. Amendments

13.1. EASYCANCHA reserves the right, at its sole discretion, to modify the Platforms, Services, these Terms and Conditions, including the Privacy Policy or any part hereof, from time to time to, for example, reflect changes in the law, our policies, technology, processes, etc.


13.2. Should EASYCANCHA decide to amend these terms and conditions, said amendment shall be notified to the User, by publishing it on the corresponding Platform, or by any other means. In addition, the "Last Updated" date at the beginning of these terms and conditions will be updated. By accepting the amendment and continuing to access the Platforms or the services provided by EASYCANCHA after we have given notice of an amendment as described above, the User irrevocably agrees to be bound by the modified terms and conditions. If, however, the User does not accept the new terms and conditions, he/she must immediately stop using the Platforms and the services provided by EASYCANCHA, and disable or delete the Platforms from his/her mobile devices and systems.



14. Termination

14.1. EASYCANCHA may immediately terminate these terms and conditions and the license to use the Platforms as regards the User in any of the following cases:


14.1.1. User's death.


14.1.2. Misuse of the EASYCANCHA Platforms or services by the User.


14.1.3. The User's submission of ineffective information regarding his or her registration data on the Platforms.


14.1.4. Any action or omission that implies any type of fraud against EASYCANCHA or the Suppliers, such as forgery, impersonation, adulteration of information, etc.


14.1.5. Failure by the User to comply with any of his/her obligations hereunder.


14.2. Notwithstanding the foregoing, either party may, at any time and for any reason, terminate these terms and conditions and the license to use the Platforms by written notice to the other party. EASYCANCHA shall inform the User of its decision through any of the Platforms available for this purpose or by e-mail (to the address provided by the User). In turn, the User must inform EASYCANCHA his/her decision to terminate these terms and conditions and the license to use the Platforms, by sending an email contacto@easycancha.com.


14.3. It is expressly stated that the termination of these terms and conditions and the license to use the Platforms shall be independent of the obligations and rights arising from agreements between the User and Suppliers for services or products purchased on the Platforms, which must be complied with by both the User and Suppliers in accordance with the terms offered and agreed upon.



15. Exclusion of third party rights

These terms of use are for the benefit of the User and EASYCANCHA and are not intended to benefit any third party. Likewise, the exercise of the rights and actions by the User and EASYCANCHA, in relation to these terms of use, is not subject to the consent of any third party.



16. Notices

Any notice or other communication permitted or required under these Terms and Conditions, including those regarding modifications to these Terms and Conditions shall be in writing and sent by EASYCANCHA (a) by e-mail (to the address provided by the User) or (b) by posting on the Platforms. In the case of notices sent by e-mail, the date of receipt shall be the date on which the notice is sent.



17.        Address:

For all the effects resulting from these terms and conditions, the User and EASYCANCHA establish their domicile in the borough and city of Santiago, Chile.


18.        Jurisdiction and applicable law:

These terms and conditions shall be governed entirely by the laws of the Republic of Chile, and any dispute regarding the content described herein shall be subject to the exclusive jurisdiction of its Ordinary Courts corresponding to the domicile established in the above paragraph.