General terms of use

Last modified on: 10/25/2023

1. Introduction and scope

1.1. These terms of use regulate the mutual relations between you (hereinafter "User") and Boban Efremovski, with headquarters on residing at Salina Flats FL 4, Triq Il Qawra, San Pawl Il Bahar, Malta sole trader with VAT Registration number 3020-5724 (hereinafter "Sportmaster").
1.2. These Terms of Use shall govern the forms and manners of use of an interactive service provided by Boban Efremovski and known by the protected name of Sportmaster™.
1.3. Sportmaster provides services via the website www.sportmaster.mt and the Sportmaster™ apps, which are available on the AppStore, Google Play Store, and AppGallery. The applications and website as a whole are owned by Sportmaster.
1.4. The services provided are complex and contain content management, financial transaction implementation, organization and mediation in the sale of services for visiting sports and other facilities owned entirely by Sportmaster's Partners (hereinafter referred to as "Partners") and the delivery of services via the Internet.
1.5. Using the website www.sportmaster.mt and the Sportmaster™ application implies that the User is fully familiar with the General Terms of Use and fully agrees with them. If as a User you do not agree with the stated conditions, please do not use our services.
1.6. Any future use of the services, after familiarization with the General Terms and Conditions and the Privacy Policy, implies that the User agrees with those terms and conditions.
1.7. Any person who used Sportmaster™ services or this website in any capacity, whether directly or indirectly, is regarded as a user.
1.8. By using the website www.sportmaster.mt and the Sportmaster™ application by the User, it is considered that the User agrees that all communication and interaction will be in accordance with these Terms of Use.

2. Definitions

2.1. Client - A legal entity that has concluded a Business Cooperation Agreement with Sportmaster, and has active Sportmaster™ subscriptions for its employees.
2.2. User - Any person who is 18+ years old has an active membership to the Sportmaster™ Program.
2.3. Partner - The facility operated by a Sportmaster Partner to which the Users have access via the Sportmaster Program.
2.4. Services - Fitness services, wellness services, recreational services (more details on the website: www.sportmaster.mt, provided in the sports and recreation facilities by the partners.
2.5. Sportmaster™ program - A program for sports and recreation, through which Users can visit certain legal entities that provide services and activities in their facility for sports and recreation and with which Sportmaster has a cooperation agreement.
2.6. Sportmaster™ web application – An application based on Internet technologies available for use through supported Internet browsers, through which new users register and create user profiles to access the Sportmaster mobile application.
2.7. Sportmaster™ Mobile Applications – A mobile based application which allows registered Users to access a Partner Facility by scanning the QR code which is placed at the entrance of each Partner facility.

3. Sportmaster’s copyright

3.1. All proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks, and all other intellectual and industrial property rights and technical solutions in and referring to the Sportmaster™, are owned by Sportmaster and will continue to be so.
3.2. The User acknowledges that the Membership rights do not grant the User ownership rights to the Sportmaster™.
3.3. The Sportmaster™ logo is a protected trademark of Sportmaster.
3.4. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Sportmaster.
3.5. Any violation of the prohibitions of subsection 3.4. may result in copyright infringement.
3.6. The user may not change, publish, transmit, participate in transmission and sale or in any other way use the contents of the www.sportmaster.mt website, in whole or in part. Copying, redistribution, publishing or commercial use of the downloaded material is also not allowed.

4. Changes to the General Terms and Conditions

4.1. Sportmaster reserves the right at any time, and without prior notice, if it deems it necessary, to cancel or modify any part of these General Terms and Conditions or the Privacy Policy.
4.2. If the General Terms and Conditions and the Privacy Policy are changed and the User continues to use the www.sportmaster.mt website and the Sportmaster™ applications, he will be considered to have accepted the changes.
4.3. It is entirely the User's responsibility to keep itself updated on changes to the General Terms and Conditions and Privacy Policy.
4.4. Any possible amendment to the General Rules and Conditions and Privacy Policy applies to third parties, who are not Users, immediately after publication on the website www.sportmaster.mt.

5. Rules of use

5.1. The User's obligation and duty is to use the www.sportmaster.mt website and the Sportmaster™ applications exclusively in accordance with the positive regulations of the Republic of Malta as well as with the general moral and ethical principles.
5.2. The main purpose of using the www.sportmaster.mt website and the Sportmaster™ applications is to use the Sportmaster™ services.
5.3. In order to use the Sportmaster™ services, the User must create an account by accepting these Terms and Conditions, entering certain personal data in a registration form provided online by Sportmaster and setting a password of his/her choice.
5.4. Users undertake to keep their profile and password data confidential and not to share them with third parties.
5.5. After creating a user profile on the www.sportmaster.mt website, the User agrees to receive SMS and e-mail messages from Sportmaste, namely administrative and promotional messages. The user can, if he wishes, stop receiving them through his profile.
5.6. In order to use the Sportmaster™ application and scan the QR code to access the Sportmaster™ services offered by Sportmaster Partners, the user must connect his account to a mobile device.
5.7. The Sportmaster™ application is intended to be used on a single mobile device and it is not permitted to use it on multiple devices.
5.8. If the User wants to change the connected mobile device (due to loss, theft, replacement, or damage), he or she must notify us at [email protected]. The User may only do this twice per month, otherwise the User's profile will be permanently blocked.
5.9. The user agrees to use the Sportmaster™ application responsibly and to keep it private and unavailable to third parties.
5.10. From the www.sportmaster.mt website, users may download and save materials only for their own personal use.
5.11. Sportmaster reserves the right to temporarily or permanently remove a User from the program if the User engages in negligent behavior. This includes, but is not limited to, abusing the Sportmaster™ application or website, providing false personal information when creating a profile, engaging in unlawful and careless activities using the Sportmaster™ application or attempting to cause damage to the Sportmaster™ application or www.sportmaster.mt website. 5.12. Sportmaster reserves the independent and discretionary right to determine whether the User has broken any of the rules stated in these General Terms and Conditions.

6. Subscription and use of services

6.1. Sportmaster, through Sportmaster™, provides Users access to sports and recreational activities. The offer also includes other services and products that can be found on the www.sportmaster.mt website.
6.2. Sportmaster is obligated to provide all available services in accordance with these General Terms and Conditions.
6.3. Each Sportmaster™ package allows access to sports facilities that are published on the www.sportmater.mt website and Sportmaster™ applications, and their use is limited according to the type of subscription as well as the conditions of each Partner facility individually.
6.4. One subscription allows the User one visit per day, in the selected sports and recreation facility that is part of the partner network.
6.5. If the User uses his daily visitation right, he loses his right to make another visit to the same or any other sports and recreation facility within the partner network on the same day.
6.6. The services that are available on the Sportmaster™ applications and www.sportmaster.mt website are solely owned by Sportmaster's Partners. As such, the Partners have full responsibility for any issues or defects that may arise while using a particular service.

7. Changes to Terms

7.1. Sportmaster has the right to make changes to the available sports facilities in each of the offered packages at any time, as well as to modify or cancel a service.
7.2. Sportmaster will update the information about the particular sports facility as soon as it receives notification from the Partner regarding any changes. However, Sportmaster does not assume any liability in the event that the Partners' services or facilities become unavailable.
7.3. Sportmaster reserves the right to change the price of monthly subscriptions.

8. Damages and Injuries

8.1. Users are aware that Sportmaster is not responsible for any damage they may cause in Partner facilities.
8.2. Any injuries that the User may sustain while using the services in the Partners' sports facilities are not Sportmaster's responsibility.

9. Payments, Complaints and Refunds

9.1. To activate a Sportmaster™ subscription, some users are required to pay a monthly subscription according to the customer agreement.
9.2. The monthly subscription refers to the specific calendar month for which the payment is made. If enabled by Sportmaster, users can make payments for more than one month.
9.3. The prices of subscriptions and services are determined and clearly specified in the Agreement that Sportmaster has signed with the Client.
9.4. All prices are in EUR and include VAT.
9.5. The user can make a payment with a credit or debit card through the www.sportmaster.mt website or the Sportmaster™ application using our partner Cpay payment platform.
9.6. The user who has purchased a subscription through the www.sportmaster.mt website can request a refund if there is a justified reason.
9.7. Any user may request a refund by sending a written, legitimate complaint to [email protected] within seven days of purchasing the service.

10. Payment security

10.1. Users have the opportunity to pay their monthly subscription, which allows access to services for the current month with a credit or debit card (Visa and MasterCard).
10.2. Transaction processing goes through a payment gateway - International card system (Casys). The data you enter when paying with your payment card are not stored or transmitted through our servers. Transactions are processed through the payment processing system of the bank we cooperate with, APS Bank - which is certified by VISA and MasterCard for transaction processing. At the moment you make the payment and enter the data, they are processed through the bank's HTTPS security protocol using Secure Socket Layer (SSL) technology and we do not see the data from your payment card, the only information we store is the transaction number and the amount paid. 10.3. Sportmaster does not store users' payment card data but only has access through the bank's system to part of the data such as – Name and surname of the payment cardholder, the amount paid, and the payment status.
10.4. If a problem occurs during payment, the User can notify us via the e-mail [email protected]

11. Limitation of liability

11.1. The user understands and agrees with the content of the www.sportmaster.mt website and the Sportmaster™ application, and uses it solely at his own risk.
11.2. The user is aware of and agrees that when using the Internet, technical problems may occur, thereby interrupting the services of the www.sportmaster.mt website or the Sportmaster™ application. the body and others are beyond Sportmaster's control, so Sportmaster cannot be held responsible for any data damage or any other case that may occur during the use of the www.sportmaster.mt website or Sportmaster ™ application.
11.3. The user agrees that access to the www.sportmaster.mt website or the Sportmaster™ application may be interrupted or temporarily unavailable due to regular maintenance of the site, as well as other reasons for which Sportmaster is not responsible.
11.4. Sportmaster is not responsible for any damage that occurs as a result of using the www.sportmaster.mt website or the Sportmaster™ application, or due to the impossibility of using them at some point.
11.5. Sportmaster, or anyone associated with them, does not guarantee in any way that the use of the www.sportmaster.mk website or the Sportmaster™ application will not be interrupted, or that there will be no difficulties during operation.
11.6. Sportmaster is not, and cannot be, responsible for the consequences that will arise from the use of this website, as well as for the accuracy, reliability and content of any information, service or product on the www.sportmaster.mt website or Sportmaster™ the application.
11.7. Sportmaster is not responsible for any damage to the User's equipment, hardware or software, which may result from using the www.sportmaster.mt website or the Sportmaster™ application.
11.8. These disclaimers apply to any damages or losses caused by any error, deletion, interruption, computer virus, malfunction, delay in transmission of information, interruption in communication line, theft, termination of contract, destruction or unauthorized access, alteration or misuse of content, misconduct, negligence or any other action.
11.10. Due to the nature of the Internet, Sportmaster cannot guarantee the complete protection of any information on the www.sportmaster.mk website or the Sportmaster™ application, so it cannot be held responsible for any harmful activities by third parties.
11.11. The information that the User publishes on the public parts of the www.sportmaster.mk website can be available to other Users and to third parties. Тhis information can be found on other websites or web browsers without the User's knowledge.
11.12. The User confirms that Sportmaster is not responsible for inappropriate or illegal behavior of other Users or third parties, and the risk of possible damages rests entirely with the User.
11.13. Sportmaster is not responsible for the accuracy, completeness or usefulness of any content on the www.sportmaster.mt website uploaded by the User, third parties or any unauthorized User.
11.14. Sportmaster is not and cannot be responsible for any damage or harm caused by the User's reliance on information obtained from the www.sportmaster.mt website or from the Sportmaster™ application.
11.15. Sportmaster expressly distances itself, in every sense, from the internet content of the materials on third-party sites, which can be accessed from the www.sportmaster.mt website. In the event that the User accesses the pages of the third party, he does so solely at his own risk, which is the main full internet exclusion of Sportmaster's responsibility.
11.16. Sportmaster disclaims any use of the Users' personal data by other persons, to whom they had to be legally informed.
11.17. The www.sportmaster.mt website may contain links to third-party websites. Sportmaster is not responsible for the content or policies of these external sites.
11.18. Sportmaster is not responsible for any failure in performance due to unforeseen force majeure and natural disasters beyond its reasonable control.

12. Privacy Policy

12.1. As a company, we are committed to protecting your privacy as our User and we take our responsibility regarding the security of your Personal Data very seriously.
12.2. Sportmaster is committed to ensuring the protection of Your Personal Data in accordance with the guidelines and standards of the relevant European regulatory framework for Personal Data protection 2016/679 (“GDPR”) and the Data Protection Act, Chapter 586 of the Laws of Malta (“Act”), and any other relevant data protection legislation.
12.3. The processing of personal data by Sportmaster is explained in more detail in our Privacy Policy, which can be accessed here.

13. Termination

13.1. If Sportmaster determines that a user has broken the general terms and conditions of use, it reserves the right to immediately terminate the user relationship with any of its users and remove all passwords and user profiles. The terms pertaining to the User's obligations and responsibility remain in effect in that scenario.
13.2. The user has the right to object within 14 days of the decision. The objection should be sent to the e-mail address: [email protected].

14. Nullity of the General Terms and Conditions

14.1. In the event that any of the provisions of these General Terms and Conditions is null or void, this shall not affect the other provisions of these General Terms and Conditions. In such a case, the specific invalid provision, with a legal basis, will be replaced by a provision that best corresponds to the previous one.
14.2. Failure by either party to exercise its rights under these General Terms and Conditions shall not be deemed a waiver or loss of those rights.

15. Dispute Resolution

15.1. Any disagreements that may occur between Sportmaster and the User regarding these General Terms and Conditions, or regarding the use of the www.sportmaster.mt website, will be attempted to be settled peacefully by Sportmaster and the User.
15.2. If Sportmaster and the User fail to resolve the disagreements amicably, they submit themselves to the exclusive jurisdiction of the Maltese Courts.

16. Contact information

16.1. All questions, communications and feedback should be directed to [email protected].