TERMS AND CONDITIONS
Updated on 4th of February 2021
We thank you for using the Expert Sport Club online platform (hereinafter referred to as the “Platform”)!
The information presented below shall have the character of a legal agreement between you (User) and NODESOFT SRL (hereinafter referred to as “NODESOFT”) and authorizes you to use the Platform.
The platform is a software for managing the activities of sports clubs. The platform includes various applications for sports club presidents, coaches, athletes and parents and it’s purpose is to improve the relationship between sports clubs, athletes and parents, facilitate team management, plan training and matches, establish training and match locations, issue invoices and view the revenue situation.
The terms defined below will be used in these Terms and Conditions and in the relationships between the parties arising out of or in connection with them:
- Personal data: any information concerning an identified or identifiable natural person (“data subject”). An identifiable person is a person who can be identified, directly or indirectly, in particular by reference to an identification element, such as a name, an identification number, location data, an online identifier or one or more elements. specific to their physical, physiological, genetic, mental, economic, cultural or social identity.
- User: a person (including you) who has an account on the Platform and uses the services / facilities offered by this online space (which may have different roles and responsibilities, which are described in point 3 of these Terms and Conditions).
- Club: a sports club or team that uses NODESOFT services through the Platform. The club is created / defined / organized on the Platform by Staff Members (presidents, head coaches / coaches).
- The platform: the Expert Sport Club software, is the property of NODESOFT, used by clubs and users and located in the website and mobile applications of NODESOFT, including, but not limited to https://www.sportexpertclub.com.
- Terms and Conditions: refers to this Agreement with all current and future amendments, additions and updates.
- GDPR: means The General Data Protection Regulation (EU) 2016/679.
- USERS AND ROLES
3.1. THE CLUB PRESIDENT
3.1.1. The club president sets up the club on the Platform and assures that the set up works properly. The club president can add / delete coaches, athletes and parents. The profiles of all the people in the club are accessible to the club president.
3.2. THE COACH
3.2.1. Head coaches / coaches manage their training teams (athletes, training program and locations, attendance status, athlete ratings and feedback, calendar of matches and events, statistics after each match). They can only see the contact and profile information of athletes from the teams coached by them. The club president may limit the visibility of this information, if necessary. Head coaches can add / delete new athletes to their own trained teams.
3.3. THE ATHLETES
3.3.1. Athletes create their user account on the Platform by accepting the invitation sent by the club president or head coach by e-mail.
3.3.2. Athletes can see information about the program of each training, the calendar of training and matches throughout the month, attendance at training, qualifications obtained at training and other events, results of matches and own statistics, notifications.
3.3.3. Athletes can view their profile and relevant information available on the Platform by accessing the mobile application Expert Sport Club, if they have installed the application on their mobile device.
3.4. THE PARENTS
3.4.1. The parents create a user account on the Platform based on the invitation sent by the club president or head coach by e-mail.
3.4.2. Parents have separate accounts, and their accounts are connected to those of their children (athletes). They can access the information in their children’s accounts.
3.4.3. Parental consent is required for the processing of personal data of their children under the age of 16.
- USER’S OBLIGATIONS
4.1. You must take all appropriate measures to ensure the security of personal data submitted on the Platform. You must not transfer your username and password or the access to your signed-in mobile applications or other profile information to third parties. You are fully responsible for storing this data, independently choosing a way to store it. Any activities performed under the using your username and password or from an signed-in mobile application are considered to be performed by you, unless you have informed NODESOFT of unauthorized third party access to your username and password or if you informed about username/password loss. You are solely responsible for all actions and their consequences in and / or in connection with the use of the services provided through the Platform in your account.
4.3. To use the Platform, you must be at least 16 years old or have the consent of a parent or guardian. Clubs must obtain the consent of a parent or guardian before registering an athlete under the age of 16.
- NODESOFT OBLIGATIONS
5.1. NODESOFT provides the Platform available to users, unless this is impossible due to circumstances which are not under the control of NODESOFT.
5.2. NODESOFT takes all reasonable technical and organizational measures to protect all data contained and submitted to the Platform.
5.4. NODESOFT is an online service provider for Clubs and, according to GDPR, has the capacity of a authorized person by the Clubs, performing processing operations on their behalf according to these Terms and Conditions.
5.4.1. NODESOFT ensures that access to personal data is permitted only for authorized persons and implements appropriate protection measures to ensure the security of data processing.
5.4.2. NODESOFT may use authorized persons, when necessary, to provide services to users, including but not limited to video and GPS service providers.
5.4.3. NODESOFT, taking into account the nature of the processing and the information available to NODESOFT, assists the clubs with appropriate technical and organizational solutions, as far as possible, to comply with the data subject’s rights and other responsibilities under the GDPR.
5.4.4. NODESOFT, at the request of the Club, erases all users’s personal data after the cessation of processing services and erases existing copies, unless Union or Member State law requires the storage of personal data.
5.4.5. NODESOFT provides the User with all the information necessary to prove compliance with the obligations set out in the GDPR.
- INTELLECTUAL PROPERTY AND COPYRIGHT
6.1. NODESOFT grants a limited, revocable, personal, non-transferable and non-exclusive license to access and use the facilities of the Platform, respectively of the mobile application of the Platform.
6.2. You are not allowed (and may not allow another person) to modify, borrow, sell, distribute, create derivative works of, or otherwise attempt to extract the source code of the Platform created by NODESOFT or any other part thereof.
6.3. The Terms and Conditions do not entitle you to use any of the trade names, trademarks, service marks, logos, domain names and other distinctive features that belong to NODESOFT.
6.4. You agree that you must not remove, obscure, or modify any proprietary notices (including notices of copyrights and trademarks) that may be applied to or contained in the services provided through the Platform.
- FEES AND INVOICES
7.1. The information regarding the monthly fees to be paid by the athletes / parents will be established by the president of the Club. The Club will also send email notifications and reminders to athletes and parents regarding the issuance of tax invoices.
- OTHER TERMS
8.1. NODESOFT and the administrator and associates of the company are not responsible for any damages, direct or indirect, that the User may have from the use of information available on the Platform and any other services provided by NODESOFT, including but not limited to:
- periods of failure and errors in the use of the Platform;
- loss of data due to Clubs fault;
- inaccurate, unsafe or dangerous information or files provided by other Users;
- the functionalities and features of the Platform that do not meet the requirements of the User.
8.2. It is forbidden to access to (or attempt to access) the content of the Platform by any means other than through the interface provided by NODESOFT.
8.4. NODESOFT reserves the right to turn off the functionality of the Platform for a short period of time for maintenance activities, notifying Clubs and Users, if possible, 2 days in advance.
8.5. NODESOFT reserves the right to modify or terminate the services offered through the Platform for any reason. In case of termination, NODESOFT will notify the User 90 days in advance.
8.6. These Terms and Conditions, their conclusion and execution, as well as all aspects that are not regulated by this agreement are regulated by current legislation in Romania.
8.7. All disputes arising out of or in connection with the Terms and Conditions are settled through negotiations or are subject to the jurisdiction of the Romanian courts in accordance with Romanian law.
8.8. If any part of this Agreement is considered void and unenforceable, it will not affect the validity of the remainder of the Agreement, which will remain valid and enforceable in accordance with its terms.
8.9. NODESOFT reserves the right to update or modify these Terms and Conditions by publishing the updated content of this document on the Platform and / or in the mobile application.
- THE WITHDRAWAL OF CONSENT ON TERMS AND CONDITIONS
9.1. These Terms and Conditions may be terminated by the Club at any time by contacting the legal representative of NODESOFT, by sending an email to email@example.com.
9.2. NODESOFT may immediately terminate the Agreement, in accordance with the terms and conditions, if a User acts or has acted in a manner that adversely affects or may adversely affect NODESOFT and / or the Platform or other Users or if a User has breached its obligations under these Terms and Conditions