Introduction

PTX

PTX is a marketplace for sporting activities that allows users to discover, book and pay for activities set up by trainers. Trainers can be businesses, sports clubs and private individuals. PTX itself does not organize any sporting activities.

PTX is free to use for the user. For each financial transaction between the user and the trainer, PTX AS charges the trainer a percentage transaction fee. When booking or scheduling a session, you will receive the following per email: (1) order confirmation; and (2) link to a digital copy of this Agreement.

Before you start using this app, you have to review and accept our End User License Agreement and Privacy Policy. The key points are these:

  • You must be at least 18 years old to be a registered user of this app.
  • To use the app you must register your full name and your email. You must also provide a profile picture.
  • You are obligated to provide information that is correct, accurate and complete and to keep this information updated at all times.
  • We collect and use your personal data, as minimum e-mail and full name and other personal data given by you while using the app.
  • We do not collect any sensitive personal data (e.g. information relating to health). However, PTX has a chat function where users and trainers may communicate. By accepting this Agreement you also agree to the processing of any sensitive personal data that you may share in the chat function.
  • We use personal data to provide users with the desired services, to send you notifications about events and activities that are relevant for you based upon your use of the app, to offer you ads or coupons from a third party through the app, for statistical purposes, to improve the basic and additional services available to users of the app. Our partners, vendors or other Third Parties will only contact you through the app.
  • We use Third Parties to enable storage of data, payment through the app and the chat function. These Third Parties get access to personal data.
  • We will not share your personal data with other partners, vendors or other Third Parties. Such parties will only get non-personal data (big data) from us and the data you provide to them directly when using the app.
  • We want PTX to be a safe and welcoming environment for all users. Harassing, cheating and hacking is not allowed, and we have a code of conduct as part of our End User License Agreement.
  • You are responsible to adhere to stricter applicable local law.

End User License Agreement - PTX

Last updated: May 25, 2018

1. General terms

1.1 PTX

Please read this End User License Agreement (“Agreement”) carefully before downloading or using the PTX application (“PTX”).

By downloading or using PTX, you agree to be bound by the terms and conditions of this Agreement (“Terms”). If you do not agree to the Terms, do not click on the “register account” button and do not download or use PTX.

This Agreement relates to all use of PTX, licensed by PTX AS with organization number 918524568 and registered address Skovveien 3, 0257 Oslo, Norway.

The parties to this Agreement are PTX AS and its subsidiaries (hereby referred to as “we” or “us”) and the end-user (hereby referred to as “you”). Both are jointly referred to as the "Parties" or individually as a "Party". Other persons or companies than the Parties are referred to as “Third Parties”.

1.2 Agreement documents

This Agreement consists of this End User License Agreement and the Privacy Policy. If conflict between the two arises, the End User License Agreement has precedence.

1.3 Users and Trainers

There are two different types of users. Regular users ("User") and trainers ("Trainer"). If you choose to become a Trainer, you must submit additional personal information required to register as Trainer.

1.4 Age

By registering as a PTX User, you confirm that you are at least 18 years of age. You are responsible for adhering to any stricter applicable local law.

1.5 Revision of this Agreement

We may revise and alter the provisions of this Agreement at any time. Upon changes of considerable significance, we shall strive to notify you within reasonable time.

If you do not want to accept the revised Agreement, you may terminate the Agreement with immediate effect by deleting your account and uninstalling PTX.

1.6 Disclaimer regarding Apple Inc

Please, be advised that we in no way are affiliated with Apple Inc., and that PTX Prizes are not endorsed, administered or sponsored by Apple Inc. (“Apple”).

If you use PTX on a device provided by Apple, the following applies:

  • PTX should be used in line with the Apple Store Terms of Service.
  • The Parties acknowledge that Apple has no obligation to furnish any maintenance or support service with respect to PTX.
  • The Parties acknowledge that Apple bears no responsibility for any claims that the use of PTX infringes the intellectual property rights of Third Parties.

The Parties acknowledge and agree that Apple and Apple’s subsidiaries are Third Party beneficiaries of this Agreement and Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a Third Party beneficiary thereof.

2 Account

2.1 Your account

When you create a User account you agree to provide information that is correct, accurate and complete and you commit to keeping this information updated at all times. A failure to comply constitutes a fundamental breach of these Terms that can result in an immediate termination of your account at PTX.

After you have registered your email address, you will get an account with your password for your use of PTX. You will then register your full name. Your first name will be your user name and will be available to all other users of PTX.

The user name and password are strictly personal. It is your responsibility to keep your password safe and to make sure that your password at no time is made available to Third Parties. You are liable for any use of your account, with the only exception of instances where we are directly responsible for others gaining unauthorized access to your account.

You cannot register a user name that is the name of another person or legal entity or is illegal to use in other ways including names that can be mistaken for another person, legal entity or trademark or a name that is offensive in any way.

2.2 Deletion of your account

You can delete your own account at any time. We reserve the right to delete your account if it has been inactive for more than 365 days. Notice will be given 14 days prior to deletion.

3 Software license and proprietary rights

3.1 Software

You acquire, upon installing the PTX, a personal, non-exclusive, non-transferable and revocable license to use PTX in its current and future versions, pursuant to the provisions of this Agreement.

3.2 Intellectual property rights

All intellectual property rights to PTX and any related current and future functionality, products or services belongs to us.

PTX™ is an unregistered trademark of PTX AS.

4 Privacy

By using PTX, you consent to having your personal data collected and processed pursuant to our Privacy Policy.

5 Acceptable use of the application

5.1 User responsibility

You commit to ensure that PTX is only used as intended by us and pursuant to this Agreement.

5.2 Acceptable Use Policy

You may not use PTX in a way prohibited by law, regulation, governmental order or decree; to violate the rights of others; to try to gain unauthorized access to or disrupt any service, device, data, account or network; to spam or distribute malware; in a way that could harm PTX or impair anyone else’s use of it; or in any application or situation where failure of PTX could lead to the death or serious bodily injury of any person, or to severe physical or environmental damage.

Violation of the terms in this Section 5 may result in immediate termination of this Agreement. We will suspend your account only to the extent reasonably necessary. Unless we believe an immediate suspension is required, we will provide reasonable notice before terminating your account.

5.3 User content

PTX lets users describe, save, share and make available certain information like text, pictures and other user content (“User Content”). You are liable for the User Content that you provide.

User Content is made available to other existing and potential users of PTX. By generating User Content to PTX you give PTX a non-exclusive right to use, alter, publicly display, reproduce and distribute your User Content on any of PTX’ digital platforms and our partners’ digital platforms including other marketing and distribution platforms. This right continues to apply after you stop using PTX. Except for this limited right, you will keep all your legal rights regarding your User Content.

You hereby guarantee that you are the owner of all of your User Content or have the right to use it and to give PTX the right to use it in accordance with these Terms. You guarantee that the publishing of such User Content is not in breach of the right to privacy, intellectual property rights, image rights, or any other Third Party.

We are not responsible for any User Content, and we are not obliged to oversee yours or others’ User Content. We reserve the right to review User Content and delete such User content at our own discretion.

5.4 Rules of conduct

We reserve the right to delete or block users who do not comply with our Rules of conduct. By using PTX, you agree not to upload, post, transmit or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, tortuous, vulgar, hateful, racially, ethnically or otherwise offensive or discriminatory, obscene, pornographic, excessively violent or harmful to minors, defamatory, libelous or invasive of another’s privacy or publicity rights, infringes any trade secret or intellectual property rights of any party, or contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any product.

You acknowledge that your User Content may be viewed, reproduced, published and/or modified by Third Parties.

5.5 Cheating and hacking

You hereby confirm that you will not engage in any sort of cheating, hacking, tampering, modifying or altering of the software. This applies regardless of the intention. Any breach of this obligation will result in termination in accordance with this Agreement.

6 Booking and Payment

6.1 Booking

All registrations to a sporting activity with payment (Bookings) are binding and cannot be cancelled. Free activities are not binding.

6.2 Payment

Payment processing services for Trainers on PTX are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/us/connect-account/legal) which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a user on PTX, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of PTX enabling payment processing services through Stripe, you agree to provide PTX accurate and complete information about you and your business, and you authorize PTX to share it and transaction information related to your use of the payment processing services provided by Stripe.

6.3 Refund policy

All cancellations by the trainer lead to an automatic refund of the booking fee. The booking fee will be refunded within 30 days. This is the only refund we offer.

Services offered on the PTX marketplace relate to recreational activities where the date or period for the performance of said activities are determined and agreed in advance. As such, you consent and agree that the services offered on PTX's marketplace are exempt from the rules governing consumers' right to withdraw., cf. Norwegian Right to Withdraw Act § 22(m).

7 Miscellaneous

7.1 Warranty and claims

PTX is delivered "as is” with no warranty regarding functionality, support or availability, with exception of what follows from Norwegian legislation.

To the extent permitted by applicable law, we do not accept any direct or indirect responsibility or liability for the quality or functionality of PTX, for the loss of any data, or any monetary damages directly or indirectly derived from the use of PTX.

To the extent permitted by applicable law, we do not accept any direct or indirect responsibility or liability for the quality or functionality of PTX, for the loss of any data, or any monetary damages directly or indirectly derived from the use of PTX.

To function properly, PTX uses certain Third Party services. You acknowledge that additional terms and conditions may apply for these Third Party services, even if such terms and conditions are not part of this Agreement, and we have no responsibilities whatsoever related to such Third Party Services.

Our liability is limited to the delivery of the PTX. You are responsible for the use of PTX, including choice and/or use of available settings in PTX. We accept no liability whatsoever for the flow of data between you and any Third Party. You have the sole responsibility of securing that the use of PTX is in accordance with applicable law in your jurisdiction.

7.2 Liability

Our liability for damages or losses, regardless of cause and basis for the case and regardless of whether it refers to breach of contract or tortious conduct, shall be limited to your direct and documented losses. Total compensation shall not exceed the amount you have paid to us the last 6 months and, in any case, not amount to more than NOK 10 000. We shall not under any circumstances be liable for damages (for pain and suffering) or for covering Indirect Losses. In this context, the term “Indirect Losses” includes interruption losses and other consequential losses, lack of anticipated savings, loss of earnings or profits, loss of data, loss of computer time, consequential damages, operating losses, trading losses, losses incurred by Third Parties, losses as a result of the agreement with a Third Party being annulled or amended, as well as other commercial or pecuniary losses. The limit on Indirect Losses also applies where we have been made aware of the possibility that such losses or such damages can occur. We shall not under any circumstances be liable for reparatory damages to, replacing or restoring software, data files or data.

You cannot assert other liability or other rights to compensation than those specified in the preceding paragraph. You lose your right to argue liability or sanctions against us if specific complaints in writing have not been received by us within 30 days after you discovered or should have discovered the breach of contract.

7.3 Defaults

In the instance of a default of the Agreement by you, we may put limitations on your account, including suspending your account for as long as we see fit.

In the instance of a material breach of the Agreement by you, we may terminate this Agreement with immediate effect. Upon such termination by us, your account will be deleted.

7.4 Assignment

We can assign our rights and/or obligations under this Agreement in whole or in part to a Third Party. Upon such assignment, you shall be notified through PTX. You cannot assign your rights or obligations under this Agreement without the written consent from us.

7.5 Dispute resolution

This Agreement shall be construed in accordance with and be governed by the laws of Norway.

You may always contact the Norwegian Consumer Council (Forbrukerrådet) for advice, see www.forbrukerradet.no.

If you are unsatisfied with PTX's handling of your issue, you are advised to submit your complaint via the European Commission's Online Dispute Resolution ("ODR") platform, see https://ec.europa.eu/consumers/odr/. Include the following PTX e-mail address when submitting your complaint: contact@ptx.app. Alternatively, submit the complaint directly to the Norwegian Consumer Council for mediation. If mediation fails, you are advised to submit a complaint to the Consumer Disputes Commission (Forbrukerklageutvalget), see http://www.forbrukerklageutvalget.no.

The Parties consent to jurisdiction by Oslo District Court in Norway.

7.6 Support

For contact information regarding support of PTX, as well as other relevant documentation regarding PTX, see https://ptx.app for support contact information.