Terms and conditions

Terms and conditions of use of the Lead & Play platform

IMPORTANT: These Terms and Conditions constitute a binding contract and contain relevant obligations, including payment obligations and limitations of liability. Read them carefully and, if deemed necessary, seek legal advice before accepting them.
  • 1 - Introduction: what is Lead & Play?
    • 1.1 - Esférica Consulting S.L. ("Lead & Play ") manages through the website www.leadandplay.net a platform ("Platform") that connects football professionals, such as players , coaches, health workers or fitness coaches ("Professionals") with professional football clubs ("Clubs"), all of them previously registered in the Platform.
    • 1.2 - The Platform will allow Clubs and Professionals (collectively, "Members" ) to find professional opportunities in the professional football sector. The final objective of the Platform is to facilitate contracting among the different Members of the Platform, either through the Platform or through the contacts obtained in it.
    • 1.3. - Members may publish, send, receive and share information and content on the Platform, such as their personal and professional data, photos, videos or text, or links to content external to the Platform (hereinafter, the "Content") for the sole purpose of describing your professional characteristics and your hiring proposal. Only Members of the Platform will have access to the Content shared on or through the Platform, but not all Members will have access to all Content:
      • 1.3.1 - The Professionals will be able to view and access the public Content of the profile of all the Clubs registered in the Platform.
      • 1.3.2 - The Clubs will be able to visualize the profile and access the Content exclusively of those Professionals that previously have expressly shown interest in their Club through the Platform. If a Professional shows interest in a Club, the Platform will notify exclusively the Club in question, but not the rest of the Members of the Platform
    • 1.4 - Lead & Play will be entitled to receive a commission for any act, operation, agreement or contract that has been concluded through the Platform or thanks to the contacts obtained in it (see section 4).
  • 2 - How to become a Member of the Platform?
    • 2.1. - Any Club or Professional that registers on the Platform automatically becomes a Member. The registration in the Platform must be done through the following link .
    • 2.2 - Anyone who registers, accesses or uses the Platform in any other way, even through unforeseen or authorized means, agrees to know and be bound by these terms and conditions of use of the Platform ("Terms and Conditions") and the privacy policy ("Privacy Policy"). Anyone who is not satisfied with the Terms and Conditions or with the Privacy Policy must refrain from registering, accessing or in any way using the Platform.
  • 3 - Process of identification in the Platform
    • 3.1. - The process of identifying Members in the Platform is different depending on whether it is a Professional or a Club:
    • 3.2 - Professionals:
      • 3.2.1 - Any Professional wishing to register on the Platform must, at least, identify himself with the following information: name, surname, gender, date of birth, email address, mobile phone number, nationality, address, ID number or passport, photo, club to which it currently belongs (if applicable), remaining time of contract (if applicable) and, if applicable, the existence or not of a rescission clause (and, where applicable, the amount) and, if needed, any educational and professional achievements you can accredit (the "Minimum Professional Information "). The Professional must also choose a personal password for future access.
      • 3.2.2 - The Platform is not responsible for the veracity of the information provided by the Professionals for their profile.
      • 3.2.3 - The Platform will send two emails to the address provided by the Professional in the registration process: one with a validation code and another with an activation link. If a Professional does not proceed to the validation of their contact information, a notice will appear on the profile of said Professional informing the rest of the Platform Members with access to that profile (see section 1.3.2). that it is a profile whose contact details are pending validation.
      • 3.2.4 - Professionals must pay an enrollment fee to the Platform, the amount of which will be clearly indicated during the registration process. To make the payment of that fee effective, the Players must provide the data of a credit card or any other means of payment accepted by the Platform. Until the payment is made, the profile of the Professionals will be deactivated and the Professional will not be able to operate on the Platform.
      • 3.2.5 - Once a Professional is a Member of the Platform, a profile will be generated that will show the Minimum Professional Information and the rest of the information provided by the Professional. Only the Club or Clubs in which the Professional has shown interest can view the profile and access that information. The information regarding the credit card or any other means of payment and the personal password will not be accessible to any Member of the Platform.
    • 3.3 - Clubs:
      • 3.3.1 - The creation of a Club profile can only be done by a legal representative of the Club. The legal representative who wishes to identify himself on the Platform must identify himself, at least, with the following information: name and surname, position, DNI or passport number, email address and mobile phone number (the "Club Representative Information"). The Club representative must also sign electronically through the Platform a responsible statement recognizing have enough power to act on behalf of the Club. The Club representative must choose a personal password for future access.
      • 3.3.2 - The Platform will send two emails to the address provided by the Club representative in the registration process: one with a validation code and an email with an activation link to the address. If the Club representative does not proceed to validate their contact information, a notice will appear on the Club profile informing the rest of the Platform Members with access to that profile (see section 1.3.1) that it is a profile in which the contact details of the Club representative are pending validation.
      • 3.3.3 - The legal representative must provide the following information regarding the Club: shield or logo, complete name, CIF and billing information (the "Club Information ").
      • 3.3.4 - The Members of the Platform will only be able to see Club Information in the Club's profile. However, in the contracting process (see section 4), the Professional who contracts may access the Information of the Legal Representative, except for its mobile phone and its email address and the responsible statement.
    • 4 - Hiring through the Platform or thanks to the Platform
      • 4.1 - The fundamental purpose of the Platform is to allow its Members to find professional opportunities in the professional football sector and to favor recruitment among them.
      • 4.2 - Lead & Play neither represent members on their platform relationships nor negotiate on behalf of the members. As a result, Lead & Play does not provide intermediation services for the purposes of the "Regulations on relations with FIFA intermediaries" and the "Intermediary Regulations of the RFEF".
      • 4.3 - The hiring provided by the Platform can be carried out directly on the Platform or outside it
        • 4.3.1. - The Platform offers procurement mechanisms by electronic means that allow its Members to enter into binding contracts without the need to sign a paper contract. At the end of the contracting process through the Platform, each party to the contract will receive an electronic copy in a durable support that will incorporate various time stamps related to the successive steps of the contracting process and an electronic certificate from the Platform. It will be the responsibility of the contracting parties to keep that electronic copy. By contracting through the Platform, Members understand and agree that Lead & Play can not fully ensure the identity of all its Members. It is the responsibility of the Members to review the identification information of their counterpart in the contract, the content of the contract and the rest of the signing documents, if any, and to obtain the legal advice they deem necessary.
        • 4.3.2. - Professionals can also contract outside the Platform with the Clubs they selected to interact on the Platform. In those cases, the Platform will have facilitated contact between the Professional and the Club in question, but not the signature tools by electronic means.
      • 4.4 - Lead & Play will be entitled to receive the following commissions, provided that they result directly or indirectly from the hiring carried out through the Platform or thanks to the contacts made in it (collectively, the "Commission "):
        • a - Recruitment of the player by a Club

          Lead & Play will be entitled to (i) a commission payable by the Club and (ii) another payable by the player; both of the same amount: 5% of all the amounts that the contract signed with the Club foresees that the player receives for the performance of its professional activity, for any reason (including any bonus or variable remuneration included in the contract ).

          The total amount of the commission will be paid in as many payments as the contract is expected to last, and each payment must be made within fifteen (15) calendar days following the start date of the season. In case the player is dealt with by the Club in the winter market (that is, the season started), the commission corresponding to that first season will be satisfied during the month of February. Without prejudice to the foregoing, the part of the commission corresponding to the premiums or variable amounts included in the contract shall be payable within five (15) calendar days following the end of the season.

          The amount of each payment will be calculated by applying the percentage of the previous 5% on all the amounts that the player is expected to receive for the season in question (including both fixed remuneration and bonuses or variables) and will be paid in its integrity even when the player does not finish the season in the Club

          b) Payment of the player's withdrawal clause

          In the event that the contracting of the player by a Club is made after the payment of the termination clause provided for in the contract with the Club in which the player is performing its professional activity (to achieve this the contractual release of their federative rights), Lead & Play will be entitled to a commission payable by the acquiring Club of the player's federative rights, amounting to 5% of the amount to which the clause of rescission.

          The amount of the commission will be paid within fifteen (15) calendar days following the date of signing the contract between the player and the Club.

          Said commission shall be compatible with that established in letter a) above and additional to it.

        • 4.4.1 - For contracts concluded directly through the Platform, the Commission will be accrued immediately and Lead & Play will issue the corresponding invoices after verifying that the contracts have been concluded
        • 4.4.2 - For contracts concluded outside the Platform, the following rules will apply:
          • 4.4.2.1 - All contracts concluded between Members that the Platform has contacted will accrue to the Commission
          • 4.4.2.3 - It will be understood that the Platform has contacted two Members (a Player and a Club) when the player has shown interest in a Club and, therefore, the Platform has allowed the Club to view the profile of that player. and access your Content (see paragraph 1.3.2). It is irrelevant for these purposes that the player and the Club have been able to contact, in addition, by other means
          • 4.4.2.3 - The above rules apply to all players and active Clubs of the Platform and to all those that have ceased to be in the last six (6) months (see section 7). Consequently, if a Professional and a Club that the Platform has contacted conclude a contract within six (6) months after either or both of them have ceased to be Members, the Commission will be accrued.
          • 4.4.2.4 - Players and Club Members have the obligation to inform the Lead & Play at the email address info@leadandplay.net as soon as they sign a contract that complies with the above rules. The delay of more than two weeks in informing Lead & Play since the conclusion of the contract will cause the default interest legally established for commercial operations in Spain to be accrued from the moment of signing the contract until the effective payment of the Commission. to Lead & Play.
          • 4.4.2.5 - At the moment you receive the notification of the conclusion of the contract, Lead & Play will issue an invoice to the Club and the player for the amount of the Commission corresponding to each of them, increased, where applicable, in the applicable interest .
    • 5 - General issues of use of the Platform
      • 5.1 - All Professionals must: (i) be of working age; and (ii) have the capacity to contract that is not legally or contractually limited or prevented
      • 5.2 - All Members must: (i) have a single profile on the Platform that corresponds to their real identity; and (ii) read and accept the Terms and Conditions of use of the Platform and the Privacy Policy
      • 5.3 - All Members must: (i) choose a password to access the Platform that is complex and secure; (ii) maintain and protect the confidentiality of your password; (iii) prevent access by unauthorized third parties to your account; and (iv) use a profile picture that corresponds to reality.
      • 5.4 - All Members must keep updated the contact information provided during the registration process to the Platform.
      • 5.5 - All Members must comply with the regulations applicable to the use of the Platform, in particular, the sports regulations and rules that ruled football. The Platform is not responsible for the breach of the duties that Members may hold with other Platform Members or third parties outside the Platform (for example, information to the Club in which the Professional provides its services).
    • 6 - About the Content published on the Platform
      • 6.1 - Members may publish, send, receive and share Content (such as their personal and professional data, photos, videos or text, or links to external content to the Platform) for the sole purpose of describing their professional characteristics and their hiring proposal (read paragraph 1.3)
      • 6.2 - By uploading Content, Members guarantee that it is true, accurate, current, appropriate, and that it does not infringe the rights of third parties.
      • 6.3 - The Platform does not guarantee that the Content is true, accurate, current, appropriate, or that it meets the expectations of the interested parties.
      • 6.4 - Unless expressly stated otherwise, Lead & Play does not own or own the Content. By uploading Content to the Platform, Members grant Lead & Play, at no cost, a non-exclusive, worldwide, transferable and sub-licenseable license to reproduce, distribute, transform, publicly communicate, modify, publish and, in general, use the Content. without requiring any consent from Members.
      • 6.5 - Lead & Play is not obligated to store, preserve or provide a copy of all or part of the Content, except to the extent required by applicable law and in accordance with the provisions of our Privacy Policy. Lead & Play can access, store and use the Content and information of the Members, in accordance with the established in the Privacy Policy and the configuration of each Member.
      • 6.6 - Lead & Play may withdraw any Content at any time, without notifying the affected Member beforehand and without any liability to it, if it considers that it does not comply with these Terms and Conditions or any applicable norm. However, Lead & Play will not monitor the Content or assume any obligation to do so.
    • 7 - Duration and termination
      • 7.1 - The condition of Member is not subject to any particular duration. However, the relationship between Lead & Play and a Member may be terminated by voluntary withdrawal from the Member or unilaterally by Lead & Play.
        • 7.1.1 - Voluntary withdrawal of the Member. Members can voluntarily unsubscribe from the Platform at any time, with prior notice through this link. Once the Member's request has been received and reviewed, the Platform will proceed to unsubscribe and send a confirmatory email to the Member's email address.
        • 7.1.2 - Unilateral resolution of Lead & Play. The Platform may terminate the relationship with the Members of the Platform in case of non-compliance by the Member of its obligations under these Terms and Conditions, by written notice to the Member's contact email address.
        • 7.1.3 - Closure of the Platform. Lead & Play does not undertake to maintain the Platform operational for a specific period of time. If for any reason the Platform were closed, the relationship between Lead & Play and the Members regulated in these Terms and Conditions would end.
      • 7.2 - Upon termination of the relationship for any reason, the Member's profile will be deactivated, the Member will not be able to access it and relations with other Members that have been established in the Platform will be deactivated. However, Lead & Play will retain the right to receive the commission referred to in paragraph 4.3.2 during the period indicated therein.
      • 7.3 - If a Member that had withdrawn from the Platform wishes to regain an account, it must process it as a new registration.
    • 8 - Declarations and guarantees
      • 8.1 - Members declare to know and comply at all times with all applicable legislation, and in particular, with the rules and regulations ruling sport in the football field
      • 8.2 - Members declare and guarantee the veracity of all the information provided to Lead & Play in the identification process and that the profile will correspond to the identity of the Member that creates it. In particular, Members declare and guarantee that they will not create false or unrealistic profiles in the Platform
      • 8.3 - Members declare that they are holders or are otherwise legitimized to use the Content. In addition, Members declare and warrant that the Content: (i) is not defamatory or infringes the rights of third parties, and in particular, the right to privacy, honor, self-image or intellectual and industrial property rights; (ii) it is not unlawful or used for illicit purposes; (iii) is not illegal and its use will not result in a violation of applicable law; (iv) does not harm or cause any damage or is contrary to the interests of the Platform or Lead & Play; (v) does not violate the Terms and Conditions or the Privacy Policy; (vi) is not contrary to the customs and public order of the territory of residence of the Member or the territory of the Member to which it is addressed (e.g., a Club); (vii) does not infringe contractual rights with third parties, in particular, a duty of confidentiality, (viii) does not cause, directly or indirectly, reputational damage to the Platform or Lead & Play. In the event that Members do not comply with any of the statements and warranties relating to the Content, they will be exempt from any liability that may derive from the Content and will keep Lead & Play harmless.
    • 9 - Limitation of liability
      • 9.1 - The Platform is offered "as it is", without warranty of any kind, either express or implied.
      • 9.2 - To the extent permitted by applicable law, Lead & Play's maximum liability to Members will be the amount of the registration fee they would have paid or, if they had not paid any fee, € 100.
    • 10 - Data protection
      • 10.1 - The privacy of the Members of the Platform is fundamental to Lead & Play, so all Members must read and accept our Privacy Policy, so that they can understand how we protect, collect and use the Content and personal information of Members, and how Members may post, send, receive and share Content and their information on or through the Platform.
    • 11 - Confidentiality
      • 11.1 - Members undertake to: (i) protect and not disclose confidential information that is protected by a duty of confidentiality with third parties outside the Platform; (ii) protect Lead & Play information that is identified as confidential or that should reasonably be considered confidential or whose knowledge by third parties may be a competitive disadvantage for Lead & Play; and (iii) use the information provided by Lead & Play or the other Members of the Legal Platform and diligently, for the sole purpose of complying with the rights and obligations established under the Terms and Conditions.
      • 11.2 - The sample of interest to a Club by a Player is confidential information. The Clubs undertake not to disseminate or disclose the subscription or existence of a profile of any Player on the Platform, or any information or Content that has been known on or through the Platform, or other Members or third parties outside the Platform. .
    • 12 - General clauses
      • 12.1 - Modifications to the Terms and Conditions and the Privacy Policy. The terms and conditions and the Privacy Policy may be modified at any time. In the event that material changes are made to the Terms and Conditions or the Privacy Policy, we will notify the Members in writing at their registered email address on the Platform. Lead & Play will decide at its discretion what constitutes a material change, according to the rules of good faith and in accordance with the applicable legislation.
      • 12.2 - Communications. Communications with Members may be made: (i) by a notice on the Platform, (ii) by email to the contact address provided in the record, or (iii) by text message to the Member's mobile phone number. been provided in the registry
      • 12.3 - Interpretation. Unless otherwise expressly stated: (i) the headings, titles, subtitles and index used in the Terms and Conditions and in the Privacy Policy are included for reference purposes only, and will not affect their interpretation, (ii) words in the singular include the plural and vice versa; and (iii) any phrase beginning with "including", "in particular", "among others" or any other similar expression shall be construed as illustrative and shall not limit the meaning of the words that proceed to such terms, as if include the words "not limited to".
      • 12.4 - Relationship between the parties. The Members are third parties and independent to Lead & Play, and in no case may they be considered or interpreted as employees, partners, agents or associates of Lead & Play. Neither party is entitled to assume or generate, expressly or implicitly, responsibilities or obligations in the name or on behalf of the other party.
      • 12.5 - Partial nullity. In the event that a court or competent authority determines that one or several clauses of the Terms and Conditions is illegal, void or unenforceable for any reason, said clause must be modified as strictly necessary to be valid and enforceable, and will have no effect on the validity or applicability of the remaining clauses.
      • 12.6 - Assignment:
        • 12.6.1 - The condition of Member is personal and non-transferable. Members may not assign, novate, transmit or subcontract any of their rights and obligations set forth in the Terms and Conditions
        • 12.6.2 - Lead & Play may assign, novate, transmit or subcontract any of its rights and obligations in favor of any other person, entity, company or third party.
      • 12.7 - Applicable law and conflict resolution:
        • 12.7.1 - The interpretation and any dispute or claim derived from or related to the Terms and Conditions or the Privacy Policy will be ruled by common Spanish law
        • 12.7.2 - The Members agree to submit any dispute or claim derived or related to the Terms and Conditions or the Privacy Policy to the Spanish courts and tribunals of the city of Madrid, expressly waiving their own jurisdiction, if another corresponds to them. put it.
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Esferica Consulting, Maria Diaz de Haro, 48, Portugalete, Bizkaia - info@leadandplay.net
Registered in the Mercantile Register of Bizkaia to volume 5.579, folio 178, sheet BI-67.091, inscription 1ª. Its CNAE (National Classification of Economic Activities) code is 7.490
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