Terms of Service
Please read these Terms of Services carefully, because they govern your use of this Site, www.hopasports.com (the "Site"). By using the Site you agree to be bound by them. If you do not agree to them, you cannot use the Site.
We may change these Terms of Services from time to time by publishing an amended version here, and you accept any changes by continuing to use the Site. We may change any aspect of the Site itself at any time.
These Terms of Services were last amended on 7 March 2023.
1. WHO WE ARE
We are Hopasports (referred to as "Hopatec" or "we"), a business name of the following legal entities:
- Hopatec Sports Services LLC, (License number DED 683845), a company incorporated in the United Arab Emirates.
- Hopatec Sports Services LLC, (License number KvK 71697519), a company incorporated in The Netherlands.
- Hopatec Sports Services BV, (License number KvK 70367663), a company incorporated in The Netherlands.
2. HOW YOU MAY USE THE SITE
2.1 You may only use the Site lawfully for purposes and in a manner, which does not damage the Site or infringe the intellectual property or other rights of any person, firm or company. You agree to use the Site (or any part of it) in accordance with all applicable laws relevant to the jurisdiction from which you access the Site.
2.2 You may download and store one copy of any page or other element of the content of the Site (the "Content"), and may make one printed copy, for your personal (non-commercial) use only, but you must not distribute any Content to other people or delete or change any copyright, trademark, or other proprietary notices. If you wish to make further copies of any Content, or to distribute copies of any Content to other people, you must first obtain our written permission. Please direct all enquiries for permission our service desk as outlined in clause 14 (Contact us).
2.3 You agree that in using the Site (or any part thereof) or the Content you will not attempt to gain unauthorized access to any part or component of the Site or the Content, the server on which the Site is stored or any server, computer or database connected to the Site. In the event that you have a claim against another user of the Site arising out of that user’s use of the Site or the Content, you agree to pursue such right, claim or action independently of and without recourse to us.
2.4 You confirm that you are of legal adult age in the country of your domicile. We advise parents or guardians who permit their children to use the Site that it is important that they communicate with their children about their safety online. Minors who are using the Site, and in particular any interactive element of the Site, should be made aware of the potential risks to them by their parent or guardian.
2.5 You agree that you will not place or transmit false or misleading information on or through this Site or input or upload to this Site any information that contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system or this Site.
2.6 You agree that we may terminate or suspend your use of the Site at any time and for any or no reason whatsoever, even if we continue to allow others to use it. You agree that we will not be liable to you for any loss caused by termination or suspension of your access to the Site.
2.7 In addition, you as a User must not:
- misrepresent your identity or affiliation with any other person or organisation;
- use the Site to send junk email or 'spam' to people who do not wish to receive email from you;
- use the Site to conduct, display or forward surveys, raffles, lotteries, contests, pyramid schemes or chain letters;
- interfere with, or disrupt, the service or services or networks connected to the service and introduce any computer virus (including any variant or similar malicious code or instructions) to our or other users systems;
- disclose any information relating to any donor except with the consent of the donor or as permitted by applicable local laws.
3. LINKS TO THIS SITE
3.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3.2 We reserve the right to withdraw linking permission for any reason without notice.
4. USER-GENERATED CONTENT / INDEMNITY
4.1 If you post any material to the Site you must do so in a manner which complies with clause 2 (How you may use the Site), and which is considerate of the Site's other users. You acknowledge that you are responsible for the material that you post and that we may not check materials before they are published. Your posted material must not be defamatory, obscene, discriminatory, insulting, blasphemous or malicious and it must not incite anybody to commit a crime. You should not upload any information about identifiable persons other than yourself except with their consent.
4.2 You confirm that all information and details provided by you to us (including on registration, if applicable) are true, accurate and up to date in all respects and at all times and that you will comply with the restrictions on your use of the Site as set out in clause 2 (How you may use the Site) or as set out elsewhere in these terms and conditions. You further confirm that in relation to any material submitted to the Site, you have the right to do so and have obtained all necessary licenses and / or approvals.
4.3 You hereby indemnify us in full against any claims from other persons, firms and companies, and any associated losses, liabilities, damages or costs of any kind, that may arise as a result of your use of the Site (including any breach or suspected breach of these terms or conditions), your violation of any law or the rights of a third party or our publishing your posted materials, except to the extent that they are caused by our editing of your materials.
5. OUR LIABILITY / ACCESS
5.1 The Site and the Content are provided as a convenience and for general information purposes only. Commentary and other Content posted on the Site are not intended to amount to advice on which reliance should be placed. Therefore, although we have taken reasonable care in the preparation of the Site and the Content we do not warrant that it will always be available, that it will be free from errors, bugs or viruses or that the Content is accurate or up to date (and any reliance placed on the Content is entirely at your own risk). To the extent possible under applicable law we exclude all liability which might otherwise arise, in contract, tort (including negligence) or on any other basis, as a result of your access to or use of the Site or the Content.
5.2 Access to the Site is permitted on a temporary basis and we reserve the right to withdraw or amend the Site for update and maintenance. We shall endeavour to provide you with notice of any scheduled maintenance. We will not be liable if for any reason the Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Site or the Content. You are also fully responsible for ensuring that any person who has access to the Site through your Internet connection is aware of these terms and conditions, and that they comply with them.
5.3 We have no control over, and accept no responsibility for, the content of any other sites that we may link to from the Site. The inclusion of links to other sites does not mean that we endorse them.
5.4 Hopatec does not, and nothing in these Terms of Services shall act to, exclude or limit Hopatec's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited. You agree that your use of the Site and its associated services is on an "as is" and "as available" basis and that your use of the Site and its associated services is at your sole risk. Hopatec does not guarantee continuous uninterrupted or secure access to our services and operation of the Site and associated services may be interfered with by numerous factors outside of our control. On that basis, except as expressly set out in these Terms of Services and except for the rights, guarantees and remedies which cannot be excluded, Hopatec does not provide other conditions, guarantees, warranties or terms in relation to the Site or its associated services, to the extent permissible by law. Hopatec shall undertake general maintenance and upkeep of the Site, at the times set out in the applicable country specific terms, from time to time. During these periods, the Site and its associated services may not be available for use. In exceptional circumstances, the Site and associated services may also become unavailable at other times.
5.5 Hopatec shall only be liable under these Terms of Services for losses which are reasonably foreseeable and caused by Hopatec's breach of these Terms of Services or Hopatec's negligence. Hopatec's total liability to you arising under or in connection with these Terms of Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the total sum of our professional indemnity insurance policy.
5.6 Hopatec's liability to you shall not include losses relating to any business of yours or your own losses such as lost or corrupt data, loss of profits, loss of contracts, loss of business opportunity, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, loss of or waste of management or other staff time.
5.7 Hopatec assume no responsibility whatsoever for the cancellation of an event advertised on the Site. Furthermore, if you are a participant in an event you, by registering as a user and participant hereby confirm that you are medically fit and able to participate in such events. We would recommend that all participants be medically checked by a medical practitioner, prior to engaging in any event or physical activity.
5.8 Hopatec may change the format and content of the Site and its associated services from time to time. You should refresh your browser each time you visit the Site to ensure that you download the most up to date version of the Site, including the latest version of these Terms of Services.
6. INTELLECTUAL PROPERTY
6.1 We are the owner or the licensee of all intellectual property rights in the Site, Trademark and the Content. Those rights are protected by laws and treaties around the world. All such rights are reserved.
6.2 Except as specifically permitted in clause 2 (How you may use the Site), you agree that you will not copy, distribute or otherwise use any element of the Site or the Content, and that you will not otherwise infringe our intellectual property rights (or those of our licensors) in the Site or the Content.
6.3 If you wish to quote our editorial content in promotional materials or on product packaging, please contact our service desk as outlined in clause 14 (Contact us). Generally, we will ask that you sign an agreement with us stating that you will use the quote in context, attribute the quote accurately and identify us as the source. Please keep in mind, however, that we do not sponsor or endorse products or services of others.
7. PRIVACY POLICY / SECURITY
7.1 Where we process information about you or set cookies in your browser, we will do so in accordance with our Privacy Policy. You must read our Privacy Policy which contains important information about the use of your personal data other information regarding your privacy and our security processes and policies, and which forms part of these terms and conditions. By using the Site you consent to such processing and you confirm that you have read, understand and agree to be bound by it.
7.2 We may co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or locate anyone breaching or in breach of clause 2 (How you may use the Site) or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the Site or the Content.
7.3 We may investigate any reported breach of these terms and conditions or complaints and take any action that we deem appropriate (which may include, without limitation, removing any of your information, issuing warnings, suspending, restricting or terminating your access to and/or removing any Content from the Site. We also reserve the right at our discretion to suspend, restrict or terminate your access to this Site at any time without notice if we have reasonable grounds to believe that you have breached any of the restrictions in clause 2 (How you may use the Site).
7.4 We are able to deliver globally but we will not deal or provide any services or Products to any of OFAC sanctions countries.
8. DISPUTES AND GENERAL
8.1 For the purposes of this section you are a "consumer" if you access the site for reasons outside your trade, business or profession. That is, you either as a participant or event organiser will be classed as a consumer. If you are a provider of services to us in your given trade, business or profession then you are not classed as a consumer of our services.
8.2 This Site (www.hopasports.com), including these terms and conditions and policies together with any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with UK law.
8.3 Any such dispute or claim will be referred to and finally resolved by arbitration under the arbitration rules of the DIFC-LCIA Arbitration Centre, which rules are deemed to be incorporated by reference into this paragraph. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be Dubai, UAE. The language to be used in the arbitration shall be English.
8.4 If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the remaining terms will continue to apply.
8.5 Unless we otherwise expressly agree in writing, these terms and conditions constitute the entire agreement between you and us with respect to your use of the Site and the Content and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
8.6 If we fail to insist that you perform any of your obligations under these terms and conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, however that shall not mean that we will automatically waive any later default by you.
8.7 Only we may assign, transfer our rights or obligations to other third parties without your consent and such terms and conditions shall inure to the benefit and burden of our successors and assigns.
8.8 The headings of the Terms of Services, Policies and clauses are inserted for convenience only and do not affect its construction.
8.9 Nothing in these Terms of Services shall be construed as making you and us partners or joint ventures or render either of us liable for any of the others debts or obligations. We shall in no way be considered as being an agent or representative of you in any dealings which you, as a participant or event organiser, may have with any third parties.
8.10 We shall not be responsible to you or any other party for any delay in performance or non-performance due to any causes beyond our reasonable control, but shall, as soon as reasonably practicable, upon occurrence of any such cause inform you of such circumstances arising, which has caused a delayed or prevented our performance of an obligation hereunder. Thereafter we shall endeavour to take all reasonable action to comply with the Terms of Services and Policies as fully and promptly as possible.
8.11 The Site Policies and Terms of Services will be changed or updated occasionally to meet the requirements and standards. Therefore we shall use reasonable efforts to notify you about these changes as well as the payment gateway provider.
8.12 We accept VISA, MasterCard, AMEX, and debit cards payments in different currencies and to that extent we reserve the right to pass on exchange-rate related price increases to you.
8.13 We accept the following currencies: Emirati Dirham (AED), Bahraini Dinar (BHD), Euro (EUR), British Pound (GBP), Jordanian Dinar (JOD), Kuwaiti Dinar (KWD), Omani Rial (OMR), Qatari Riyal (QAR), Saudi Arabian Riyal (SAR), and America Dollar (USD).
9. INTERMEDIARY
Hopatec, as operator of the Site and associated services and products, acts as an intermediary between you and the individual users of the Site and /or the event organisers and whilst your and/or the event organisers and the individual user information resides on the Site or associated services, Hopatec does not check or exercise any editorial control over the content of such information, save as required by applicable laws. In the event that Hopatec is made aware of or has knowledge of any unlawful activity or information on the Site or associated services, Hopatec shall act to remove or disable access to the information. Hopatec shall not be liable to you as either a user or event organiser as a result of its role as intermediary.
10. TERMINATION
Hopatec reserves the right, at its sole discretion, to immediately and without notice suspend or permanently deny your access to all or part of the Site and associated services where you breach these Terms of Services including where there is any actual or suspected fraudulent, criminal or improper use of the Site or associated services. These Terms of Services shall terminate automatically upon the removal by you or Hopatec of your page from the Site. These Terms of Services will continue to apply to past use by you.
Upon termination or suspension or denial of access to the Site and associated services, funds already received on your behalf by Hopatec will be handled in accordance with the provisions above, provided that any potential repayment (where applicable) may be delayed where Hopatec conducts an investigation regarding your use of the Site and associated services and may decide to refuse to pay funds across to you where you have breached these Terms of Services. In such circumstances Hopatec may authorise a refund of donations to donors.
Any funds raised for a charity by an individual or entity, either by registration or donation, are non-refundable and shall be credited to the Charity, minus credit card & bank related transaction fees (and any other Fees highlighted to the Event Organiser).
11. YOUR OBLIGATIONS
You agree that:
- If your use of the Site and/or associated services results in access to any personal information you shall: (i) at all times assist with the responsibilities of Hopatec, in accordance with the applicable Privacy Laws; (ii) not do, or cause or permit to be done, anything which may result in a breach by Hopatec of the applicable Privacy Laws and comply with all reasonable instructions from Hopatec relating to the processing by you and/or the fundraising project of such personal information; (iii) comply with the Privacy Policy and applicable Privacy Laws in respect of your and/or the fundraising project collection, use, disclosure or processing of the personal information; (iv) abide by the lawful instructions of all data subjects (being other user’s and the like) in respect of the personal information and not do anything to compromise the security of such information; (v) not sell, trade or rent personal information to third parties; (vi) hold the personal information securely and not disclose it to anyone other than Hopatec, as agreed to by the data subject and/or as permitted by Privacy Laws; (vii) implement adequate security, technical and organisational measures against all unauthorised, unlawful or accidental access, processing, use, erasure, loss or destruction of, or damage to, Personal Information in accordance with Privacy Laws, and abide by Hopatec's reasonable requirements to ensure the security of the personal information as notified to you from time to time; (viii) use personal information appropriately and only for the specific purposes as notified to you from time to time, including by way of the applicable privacy policy available on Hopatec's Site; (ix) if you are an event organiser, only communicate with donors users where they have agreed to receive further communications from you and/or the fundraising project, and only to the extent that they have indicated their preference to do so (for example in relation to communications for a specific fundraising event only); (x) not retain any personal information for longer than is necessary; and (xi) to the extent legally permissible, you shall indemnify and hold harmless Hopatec, its successors and assigns, from and against all losses, costs and other damage caused by your and/or the fundraising project's breach of this paragraph; and
- By building a page on the Site you represent, warrant and undertake to Hopatec and the users of the Site that:
- you are of consenting Adult age in the country where the event is to take place.
- you are medically fit and able to participate in the event, if you are a participant and have provided and acknowledged the Participant Disclaimer.
12. PRODUCTS
We may on occasion offer Sports related equipment for sale on the Site for use in the events or otherwise. For the terms please see the applicable section of the Returns and Refunds Policy.
13. NOTICE
Any notice or other communication required to be given by you shall be in writing and shall be delivered by hand or courier at the address set forth in clause 14 (Contact us).
Should we need to notify you under the Terms of Services then we may do so in writing by advertising such notice on the Site or by direct email communication to the email address, which you provide, to us on your registration.
Any notice or communication shall be deemed to have been received if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address, or 5 days after posting if sent by recorded delivery. If sent by email or if advertised on the Site then such notice is deemed to be respectively delivered upon sending or posting on the Site.
14. CONTACT US
You are always welcome to contact our service desk for additional information.
HopatecP.O.Box 478323
Dubai, UAE
w: www.hopasports.com