General Terms And Conditions, applicable to users of BBS mobile application
The following General Terms and Conditions (hereinafter referred to as: Terms and conditions) set out the legal framework for using the BBS mobile application and the services that we offer (hereinafter referred to as: application). Therefore, please read these Terms and conditions carefully. By using the application you agree with these Terms and conditions and their possible future changes and amendments.
2.1 Parties to the contract and subject matter of the contract
These Terms and Conditions of Business form the basis of the user contract being formed between you and us, Ball Back System d.o.o., Rabelčja vas 43, Ptuj, Slovenia (hereinafter referred to as “us” or “we”). The subject matter of this contract is the use of the application and its affiliate services.
2.2 Terms and conditions for participating
A condition for opening a user account and using the application is that you are at least 18 years of age and have full legal capacity.
The application may be used exclusively by consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation.
3.1 Description of services
Services, offered and provided via our app include the list of tennis exercises that help you improve your tennis skills.
3.2 Services free of charge
The entire scope of the services included in application and available for use is currently for free and free of charge. However, this might change in the future. In this case we will let you know of any charges we may introduce ahead in due time.
Please note that in order to use some of the aspects of the application to the full extent, certain equipment and training tools (such as a tennis racket, etc.) may be required. These are not part of our services and need to be provided or purchased by you separately at your own costs.
4. Your Health
4.1 Terms and conditions with regard to your health
Use of the application is at your own risk.
In any case a condition for the use of the application and its services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start using the application. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:
- cardiovascular disease,
- lung or respiratory disease (including asthma),
- spinal and/or joint problems,
- neuromuscular disease,
- surgical procedures,
- any other health issues
If you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with the use of our application.
4.2 No substitute for medical advice
The services and information offered by us or our application do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.
5. User Account
5.1 Registration process
You also have the option of signing in with your Facebook, Google. In this case, the sign-in process is completed when you have entered and confirmed the account information for your corresponding account.
6. Conclusion of a Contract
We reserve the right to change the content of these Terms and conditions from time to time, which subsequently represents a modification of a Contract. We will let you know about any changes in due time, prior to them stepping into effect.
7. Term of Validity
The user contract concluded between you and us once you register your account is valid for an indefinite period.
For termination of this contract please refer to chapter 12 of these Terms and conditions.
8. Liability for Defects
8.1 Statutory Provisions
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
8.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the application will bring the training- or other result intended by you. We do not promise concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the application.
Insofar as you are provided with guides or instructions in connection with the application, it is imperative that you follow them. Otherwise you risk being injured and your general health.
Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and used, installed and/or set up properly.
You need to observe and respect our health safety notices in clause 4.
9.2 Liability for services
For services provided via our application, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
9.3 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees, contractors and agents.
10. Rights of Use over our Content
The services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.
11. Ending the Contract
11.1 User contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to any content.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks’ written notice.
11.3 Cancellation for good cause
The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract set out in these Terms and conditions.
12. Personal Data
13. Online dispute resolution
The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/
We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.
14. Changes to the General Terms and Conditions of Business
We hereby reserve the right to modify and adjust these Terms and conditions with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration. We will advise you of the changes by a communication medium of our choosing in due time before the new version of the Terms and conditions is scheduled to enter into force. If you do not object to the validity of the new Terms and conditions within such period and continue to use application, then the new Terms and conditions will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation.
15. Final Provisions
15.1 Applicable law
The relationship between the parties is governed exclusively by law of Republic of Slovenia under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
15.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Republic of Slovenia or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these Terms and conditions have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
15.3 Language of the contract
The language of the contract is English.
15.4 Severability clause
Should any individual provisions of these Terms and conditions be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
16. Information about the Supplier
Company name: Ball Back System d.o.o.
Address: Rabelčja vas 43, 2250 Ptuj
Country: Republic of Slovenia
Tax number: SI 79855067
Registration number: 8607184000
Registered in the Commercial Register under number: Srg 2020/6331
17. Option to save and review the contract language
These Terms and conditions may be reviewed by you at https://bbs-tennis.com/general-terms-and-conditions/. If you would like to save a permanent copy of these Terms and Conditions on a data carrier, you can download them as a “pdf” file free of charge at https://bbs-tennis.com/wp-content/uploads/2021/04/BBS_GTCs.pdf. To open a “pdf” file you may need special software such as the free Acrobat Reader program or a similar software program that handles “pdf” files.
Version April 18, 2021