Terms & Conditions
Access to, distribution and/or use of the Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any functionality of the Site, you are deemed to have confirmed your acceptance to these Terms of Use and the Site’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use the Website.
Changes to the Terms of Use
From time to time, these Terms of Use may change. Sensa Padel reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on the Site and changes will become effective once posted. Your continued access to or use of the Site will be deemed as acceptance by you of the then-current Terms of Use. Please review these Terms of Use often so that you will remain abreast of our current policies. You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.
Ownership of the Website
Sensa Padel owns, licenses and/or has the right to use this Website and all intellectual property rights to the same (collectively, “Materials”). Sensa Padel hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Sensa Padel’ intellectual property rights in the Materials. You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Sensa Padel in any form or manner.
Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or part, without the express permission of Sensa Padel, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.
Provision of the Services by Sensa Padel
You acknowledge and agree that the form and nature of the Services which Sensa Padel provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Sensa Padel may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Sensa Padel’ sole discretion.
Health Attestation
Before becoming a member and/or using the service, you are required to sign an additional Waiver and Release of Liability Agreement (“Waiver”). You are agreeing to sign this waiver and to request one from Sensa Padel’s staff if one is not offered to you. By signing this Waiver, you acknowledge and agree to the following terms:
Becoming A Member
If you wish to become a member of Sensa Padel, you can email memberships@sensapadel.com to inquire about the membership benefits and process. You can also sign up for Sensa Padel membership online at https://sensapadel.com. The information you provide to Sensa Padel throughout this process is subject to our Privacy Policy. Please see our Privacy Policy for more information concerning the collection and use of Personal Information from this Website. Once you complete the membership process, we will be in touch regarding member onboarding.
Booking Terms
All booking, membership, and payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Matchi (https://www.matchi.se/home/useragreement). Please review carefully the terms and conditions of use on the Matchi Website. Sensa Padel is not liable to users for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Matchi terms.
Payment Terms
As a Sensa Padel member, you agree to pay the initiation and recurring membership fees outlined below.
Member Access to and Use of Locations
Membership Cancellation Rights
Transfer of Membership
Annual members are permitted to transfer their membership to another individual up to a maximum of one time, pending Sensa Padel’s approval of the new proposed member.
Family Memberships
A family member is defined as a spouse, child and/or dependent under the age of 18 residing in the same household on a permanent basis.
Use of Credits
For scheduled lessons, members must cancel their lessons at least 48 hours in advance to receive a refund.
Sensa Padel will not in any circumstance be liable or obligated for any exemplary, special, punitive, or consequential damages, including any loss or damage of lost profits, revenues, or business opportunities, from any claim or dispute or whatever other source derived.
Resolving Disputes
If you have a dispute with Sensa Padel relating to the Website or the Services, please contact us at play@sensapadel.com and we will attempt to resolve the dispute with you. If we cannot resolve our dispute, then the Terms of Use will govern any legal dispute involving the Website and/or our Services.
Use in the United States
This Website is intended for use within the United States, and we control and operate the Website from the United States. We make no representation that materials on the Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Links and Embedded Versions
The Website may contain links to or embedded versions of other applications, Websites and social media features (collectively, “Websites”) that are not controlled and/or maintained by Sensa Padel. Access to and use of such other Websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such Websites. By providing such links or embedded versions, Sensa Padel shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such Websites. Sensa Padel is not responsible for the content contained on any such Website, or for the failure of any product or service offered for sale or advertised on any such Websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked or embedded Websites are owned by other organizations. Moreover, such other Websites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all your data and/or your equipment. You agree that you will not upload any spyware or malicious software to the Website.
User Conduct
In connection with your use of the Website, you may not and you agree that you will not:
Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site;
Use the Site, Material and content on the Site for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Sensa Padel endorsement, partnership or otherwise misleads others as to your affiliation with Sensa Padel;
Dilute, tarnish or otherwise harm the Sensa Padel brand in any way, including through unauthorized use of the Material, registering and/or using Sensa Padel or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Sensa Padel domains, trademarks, taglines, promotional campaigns or Website content;
Copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Use;
Interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity
Limitation of Liability and Warranty and Use Disclaimer
Sensa Padel endeavors to make sure that all information and data it originates on the Website is accurate. However, Sensa Padel is not responsible for any damages or loss related to the use of this Website.
Sensa Padel is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Indemnity
Unless prohibited by law, you agree to indemnify Sensa Padel, and each of its parent, subsidiary and affiliated entities (collectively, “Sensa Padel Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Sensa Padel, shall survive beyond any term for which these Terms of Use are in effect.
Electronic Communications
By becoming a member or using Sensa Padel’s services, you agree to receive electronic communications from Sensa Padel. These communications may include emails, text messages, push notifications, and other digital formats related to our services, including membership management, bookings, updates, promotions, news, and other relevant information. It is your responsibility to ensure that your contact information is current and accurate. Please notify Sensa Padel of any changes to your contact information to ensure uninterrupted communication. Sensa Padel is committed to complying with all applicable laws and regulations regarding electronic communications and marketing, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and other relevant privacy and consumer protection laws. You have the right to opt-out of receiving marketing communications at any time. You can unsubscribe by following the instructions provided in the communication (e.g., clicking the “unsubscribe” link in an email) or by contacting Sensa Padel directly. Please note that opting out of marketing communications does not preclude you from receiving important transactional or service-related communications.
When you communicate with Sensa Padel electronically, via email or otherwise, you consent to receive electronic communications and marketing updates / newsletters from Sensa Padel. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Sensa Padel satisfy any legal requirement that such communication be in writing. Sensa Padel encourages you to retain your own copies of relevant information. Please see our Privacy Policy concerning providing information to Sensa Padel, your consent to receiving information from Sensa Padel, your ability to withdraw such consent, and Sensa Padel’ obligations with respect to maintaining and/or returning any information you have provided to Sensa Padel.
With respect to all communications you make to Sensa Padel directly and/or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Sensa Padel shall have no obligation to protect your communications from disclosure; (ii) Sensa Padel shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Sensa Padel shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without obligation to you.
Acquisition of Business
In the event that Sensa Padel, or an affiliate of Sensa Padel, is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that Sensa Padel goes out of business or enters bankruptcy, each user hereby acknowledges and agrees that the Website, all data collected on the Website (including Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of Sensa Padel may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and regulations.
Contact Us
If you have any questions concerning Sensa Padel’s offerings or any of the policies set forth in these Terms of Use, please contact us at play@sensapadel.com.
Copyright Infringement - Notice and Take-Down Policy
Sensa Padel values intellectual property and respects the intellectual property rights of others and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you may notify Sensa Padel in writing either by mailing a communication to 430 Park Avenue, 19th Floor, New York, NY 10022 or emailing play@sensapadel.com
In your notice, you must include the following:
i. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
ii. identification of the copyrighted work(s) that is (are) allegedly being infringed;
iii. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Sensa Padel to locate such materials;
iv. contact information (i.e., name, address, email address) sufficient to enable Sensa Padel to contact you;
v. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
vi. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed
Disputes and Governing Law
Use of this Website and these Terms of Use shall be governed by the laws of the State of Delaware of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Sensa Padel of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Sensa Padel’ failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. Except as may otherwise be provided in AAA’s Consumer Due Process Protocol that allows consumers to file certain claims in small claims court, you understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.
Unless prohibited by law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the Website you waive all rights to claim, punitive, incidental, consequential or any other indirect damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the content and/or the Materials.
By accepting these Terms and Conditions, you have agreed to waive your right to recover any damages relating to your use of the Website. If such waiver is deemed unenforceable, you, nonetheless, and notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, agree that your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, unless prohibited by law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Notwithstanding anything to the contrary set forth in these Terms of Use, Sensa Padel may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Delaware and/or in any other court chosen by Sensa Padel, in the event that Sensa Padel believes that there is a violation, or a threatened violation, that has jurisdiction of any of Sensa Padel’ intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.