Terms of use

TERMS OF USE OF MULTISPORT CARDS

I. Definitions

Benefit Systems
Benefit Systems d.o.o., registration number: 081141357, personal identification number: 57845277445, is a company having its seat and registered address in Street Vjekoslav Heinzel 44, 10000 Zagreb, Croatia (hereinafter: Benefit Systems).

Accompanying Person
A person above the age of 16 years who is included in the List as an accompanying person by an Employee who has an active MultiSport Card. Accompanying Person can only have the same type of MultiSport Card that the Employee has.

Identification Document
A document issued by the competent governmental, municipal, educational or other authority containing the name, surname and a photograph of the MultiSport Card User (e.g. identity card, passport, driving license, student’s card or students’ markbook).

MultiSport Card User/User
An Employee and an Accompanying Person who is listed on the List, who has applied to participate in the Program and who has given his/her mandate to Client to deliver his/her personal data to Benefit Systems. Each MultiSport Card User has a Plastic MultiSport Card or a Virtual MultiSport Card which is only available if user created it through the Application. The Virtual MultiSport Card gives the User only the scope of rights that the Plastic MultiSport Card gives him.

Client
The legal entity that concluded the agreement with Benefit Systems (hereinafter: the Agreement) for the purpose of providing its Employees with the opportunity to access the services that make up the MultiSport Program and to use these services.

MultiSport Card
Plastic document (Plastic MultiSport Card) or a feature of the application that enables the creation of an electronic record in the application (Virtual MultiSport Card) that authorizes MutliSport Card Users to use the services included in the MultiSport Program. The MultiSport Card is the property of Benefit Systems, it contains the identification number, the name and surname of the MultiSport Card User, the name of the Client and an indication of the type of MultiSport Card. Each person/user can be assigned only one MultiSport card issued in his/her name and cannot be transferred to other persons.

MultiSport Program/Program
All the services/activities listed on the following website: www.benefitsystems.hr or Application. In case there are special conditions for the use of certain sport or recreational services in a specific Sport Facility, these conditions will be published in the details section for the respective Sports Facility. Benefit Systems reserve the right to add, change or omit services covered by the MultiSport Program.

Accounting Period
Each calendar month within the contractual period as prescribed in the Agreement.

Partners
Sports centre/swimming complex/fitness club/tennis court/dancing studio or other similar facility at which sports and/or recreational services available for use through Multisport Card are provided and with whom Benefit Systems have entered into partnership agreements. A list of all Sport Facilities and information about the services available in these Sports Facilities is published on the website of Benefit Systems https://benefitsystems.hr or Application.

List
The list of names of Users authorized to use the services covered by the Program. The Client shall submit the List to Benefit Systems in accordance with the Agreement.

Trial Period
Period during which the Client’s Employees who are not MultiSport Card Users can try themselves the MultiSport Card.

Sports Facilities/Facility
Various sports and recreation facilities made available by Partners for use by MultiSport Card Users.

Virtual User
MultiSport Card User that uses the Virtual MultiSport Card.

Employee
A person over who is (i) Client’s Employee under an employment contract and/or (ii) Client’s associate under a management contract, and at least 70% of the Client’s Employees must be employed on the basis of the employment contract.

II. Subject

The Terms of Use of MultiSport Cards (the “Terms”) regulate the relations between the company Benefit Systems and the Users regarding the use of MultiSport Cards. All the services covered by the MultiSport Program can be used by the Users in accordance with this Terms of use..

III. General provisions

All MultiSport Card Users are allowed to use one service/activity per day in one Sports Facility in accordance with the agreed conditions that are listed in the list of agreed services/activities for each Sports Facility on the website https://benefitsystems.hr/en/maps/ or Application.
MultiSport Cards do not provide the right to a free of charge use of any equipment and/or services of a personal trainer unless explicitly mentioned on the website of the company Benefit Systems: https://benefitsystems.hr or Application.
All MultiSport Cards Users are obliged to follow the rules of the Sport Facility they visit.
All MultiSport Cards Users are prohibited from using the MultiSport Cards in any other way except for personal access to Sport Facilities and for personal use and recreation, and they are also prohibited, among other things to provide their MultiSport Cards for use by other persons, to trade with them, to lease them, to give them away as presents, to leave them at the Sport Facilities, to use MultiSport Cards for the purpose of performing a professional activity or for achieving any economic benefit etc.
MultiSport Card Users or Clients cannot make any changes to the design of MultiSport Cards.
In case of loss, damage or theft of the MultiSport Card, the MultiSport Card User is obliged to inform his employer who is then obliged to inform the company Benefit Systems within 24 hours. MultiSport Card found after the loss that has been reported must be sent to Benefit Systems immediately upon discovery.
In case of first plastic card loss there is no charge for creating a duplicate, while every other loss is charged 6,64 EUR + VAT. Users are unable to use the MultiSport Program until they receive a new card. We send a duplicate of the Plastic MultiSport Card by mail to the employer’s address, and the deadline for delivery is within five working days. The User can pick up a Plastic MultiSport Card personally at the address Benefit Systems d.o.o., Street Vjekoslav Heinzel 44, 10 000 Zagreb from Monday to Friday from 08:00 a.m. to 4:00 p.m. The User agrees on the method of collecting with the employer, i.e., with the person whom the employer entrusted with the MultiSport Program. Information on access to MultiSport Programand the use of MultiSport Cards can be obtained by phone: 0800 222 023.
If the active Multisport card does not pass the check at the Sports Facility and any technical problems occur, the MultiSport Card User or a person from the Sports Facility is obliged to immediately call customer service, which works seven days a week from 7:00 a.m. to 10:00 p.m., in order to immediately check the validity of the MultiSport card and the POS device at the time of the problem. In case that there are technical difficulties regarding the Plastic MultiSport Card, customer care will immediately submit a request for a duplicate card which will not be charged. The MultiSport Card User is not able to use the service until he receives another MultiSport Card, except on the day of reporting the technical difficulty. On the day that the difficulty is reported, customer care will verify the visit to the Sport Facility and enable the MultiSport Card User to use the service. A duplicate of Plastic MultiSport Card will be made on the first working day of Benefit Systems. The MultiSport Card User can pick up the new MultiSport Card in person or it will be sent to the address of the User’s employer.
The MultiSport Card User is obliged to pay to the Sports Facility for the use of services that are not included in MultiSport Program in accordance with the price list of the specific Sports Facility.
MultiSport Card Users are obliged to comply with the Terms of use d and the rules of the Sports Facilities they visit. In case that the MultiSport Card User violates this Terms of use, Benefit Systems has the right to block the MultiSport Card to the member, i.e. immediately suspend the membership in the MultiSport Program.
On the date that the Employee of the Client using the MultiSport Card loses the right to use the MultiSport Card, its Accompanying Person who has the additional MultiSport Card, automatically loses the right to use the additional MultiSport Card which shall be deactivated. Such Accompanying Person cannot be moved and linked in the system with another Employee of the same company.
The MultiSport Card User has the right/possibility, within 10 minutes after the visit has been registered, to cancel the visit. In this case, the employee of the Sports Facility – Partner cancels the visit via the POS device, and the MultiSport Card User can use the daily limit of one visit in another Sports Facility.

IV. Provisions relating to the My MultiSport Platform and Application

Definitions

Account
The User’s individual account in the My MultiSport Platform and Application, which allows him/her to use all the features of the My MultiSport Platform and Application, including the Virtual MultiSport Card.

MyMultiSport Platform
A set of features and contents available to MultiSport Card Users with active MultiSport Cards after Registration and login to the website: https://mymultisport.benefitsystems.hr/.

Application
A set of services and functions available to Virtual Users within the MultiSport mobile application, used, among others, to confirm the right to use the services of the MultiSport Program (using the Virtual MultiSport Card, without the need to present the plastic version of the MultiSport Card), and to verify the Virtual User’s identity.

Registration
An activity that is carried out in the manner specified in the My MultiSport Platform or in the Application, which is a prerequisite for the MultiSport Card User to be able to use all the functionality of the My MultiSport Platform and Application that are available to that MultiSport Card User, including the Account.

Confirmed Identity
The Application functionality confirming the verification of the Virtual User’s identity. Virtual User receives a confirmation of identity during the first visit to the Sports Facility with the Virtual Card by the staff of the Sports Facility, who confirms that the Virtual User is the real owner of the card by comparing the data in the Identification document and the data entered on his Account.

Account Registration

User Account Registration for the purpose of using the Application can be done either through the My MultiSport platform (ie by registering on the website) or directly in the Application.
Any person who downloads the Application to their mobile device can use it as an unregistered user.
Only users who are over 16 years of age can register an Account in the My MultiSport Platform or Application.
Each User can create only one Account in the Application or My MultiSport Platform. The User account in the My MultiSport Platform and the User account in the Application is the same account, which means that if the User has an account on the My MultiSport Platform, he will log in to the Application using the login and password set for that account on the My MultiSport Platform, and if the User does not have an account on the My MultiSport Platform, the User will also use the login and password set for the account in the Application to login to the My MultiSport Platform.
For Registration, the MultiSport Card User is required to enter the information specified in the Registration form and accept the Terms of use. After confirming the Registration, the MutliSport Card User should click on the activation link to activate the Account.
MultiSport Card User can delete the Account at any time and without giving any reason under the conditions set out in the paragraph “Delete Account” in the Application and My MultiSport Platform.
After Registering and entering a username and password, the MultiSport Card User will get access to all the functionality of the My MultiSport Platform and Application, including the Virtual MultiSport Card in the Application, if he wants to use it.
Each MultiSport Card User is obliged to use the My MultiSport Platform and Application exclusively for their own needs, in a manner and in accordance with these Terms of use, the provisions of the law and in accordance with good customs.

User is obligated to safekeep n Account data (login and password) and data generated by the Application.

User obligations

The MultiSport Card User is prohibited to:
- provide illegal content or use My MultiSport Platform or the Application contrary to these Terms of use, provisions of the law, good customs or in violation of the personal rights of third parties and the rights and interests of Benefit Systems,
- make changes on the My MultiSport Platform or Application,
- place in the My MultiSport Platform or the Application or distribute malicious software (including viruses and trojans) or other mechanisms that could cause interference with the operation of My MultiSport Platform or the Application or its operation in violation of these Terms of use,
- impersonate as other persons, provide false personal data or otherwise mislead regarding the MultiSport Card User’s identity or visits to the Sports Facility recorded using the Application,
- make available to third parties his data for logging into the Account or data generated by the Application for the purpose of using MultiSport Program.
If a MultiSport Card User is found to be using the My MultiSport Platform or the Application in violation of these Terms of use, Benefit Systems may, with immediate effect, block the MultiSport Card User’s Account and take all steps to remedy any loss or damage resulting therefrom.
The MultiSport Card User is obliged to immediately notify Benefit Systems of any violation of his login and/or password rights, and of any violation of the rules specified in these Terms of use.
MultiSport Card Users should use appropriate technical measures to reduce the risk of unauthorized interception, such as the use of anti-virus software and software to protect the identity of Internet users. Benefit Systems will never ask the MultiSport Card User to provide their password by phone or email.

Technical conditions of the Application

The Application can be downloaded from the application store corresponding to the particular mobile device, including the GooglePlay store or the AppStore.
Downloading the Application requires an electronic device with the Android or iOS operating system in at least the following versions: Android: version 7.0 and iOS: version 11 and an Internet connection (mobile phone or tablet). Basically, the Virtual Card cannot technically be used on AG Huawei mobile devices certified after May 15, 2019 because they do not support Google services.
Benefit Systems will not charge any fees for downloading or using the Application. However, the MultiSport Card User bears the costs of transferring the data required to download, run and use the Application in the amount determined by the telecommunications operator.
Technical security measures provided in the application include encryption of the API connection using SSL.

Search engine for Facilities (Partners)

For unregistered users, the My MultiSport Platform or the Application allows searching for Sports Facilities. The user can also view selected content, including information about the MultiSport Program, contact information and FAQs.
Users registered and logged into the Application can use all features available to unregistered Users and other features available only to registered MultiSport Card Users.
MultiSport Card User registered and logged into the Application who has an active Plastic card canalso see MultiSport Card validity information..
When searching for the Sports Facility, each user can search with or without including their geolocation. The geolocation option is turned off by default and the user must give his consent to turn it on. Consent to the transfer of location data in the GPS system is expressed through the operating system of the user’s end device. Consent is voluntary.

Virtual card and Confirmed identity

Only registered users of the Application who have an active card can use the Virtual Card and Confirmed Identity.
In the process of creating a Virtual Card, the User will need to enter their number, to which they will receive a confirmation code via SMS.
Activating the Virtual Card makes the plastic version of the card inactive.
In order to get a Confirmed Identity, the MultiSport Card User needs to carry out the process of verifying his identity in such a way that he needs to assign a photo to his Virtual MultiSport Card, regardless of whether he wants to take a new photo or choose one from his gallery, and the photo that the MultiSport Card User has chosen will be stored only on the mobile device of that MultiSport Card User and will not be uploaded to any external storage space.
As a one-time check, in the Sports Facility, the MultiSport Card User must present the Identification Document and the “My Card” section displayed on the screen in the Application, which contains the MultiSport Card User’s name, photo and QR code generated in the presence of the Sports Facility staff. After confirming the identity in the Sports Facility, the MultiSport Card User receives the status of Confirmed Identity and can use the Virtual Card instead of the Plastic MultiSport Card.
Staff employed in the Sports Facilities have the right to check the User’s identification documents in the event that the person in the photo in the MultiSport Card User’s Virtual Card cannot be recognized from the displayed image.
Every 30 days since the last photo change in the Application, MultiSport Card User has the right to change his/her photo in the Application. If MultiSport Card User decides to change his photo in the Application, he should repeat the procedure from points 4. of this article.
Confirmed identity will only be valid on the mobile device on which the confirmation was obtained, and if the mobile device is changed, the MultiSport Card User must confirm the identity again on the new device.
Application may allow MultiSport Card Users to use additional services upon acceptance of separate terms and conditions governing a particular service.
MultiSport Card User can use the features of the Application 24 hours a day, with the exception of breaks necessary for maintenance, technical repairs or re-establishment of the correct operation of the Application.
All technical problems and the impossibility of using the service of the Facility as part of the MultiSport Program can be reported by phone to Benefit Systems using the helpline number 0800 222023.
User will not be able to use MultiSport Program in case of non-fulfillment of the conditions described in these Terms of use or in the Sports Facility’s operating rules, and especially:
- if the data on the MultiSport card or the data displayed in the Application on the Virtual MultiSport Card (including the photo) do not correspond to the data in the Identification document,
- if the user does not have a MultiSport card with him or refuses to give it for verification, and at the same time does not use the Virtual Card,
- if the user does not have an Identification document and at the same time does not have a Confirmed Identity in the Application,
Benefit Systems has the right to deactivate the card and/or block the MultiSport Card User from using the Virtual MultiSport Card in the following cases:
- if User uses the Virtual MultiSport Card contrary to these Terms of use, especially if the User is not the owner of the card or if he has uploaded a photo of a person who is not the owner of the MultiSport Card in the Application,
- if there is a well-founded suspicion of the use of the Virtual MultiSport Card by unauthorized persons,
- if the Virtual MultiSport Card is used for the purpose of reducing the functionality of the Application by intentionally limiting its availability or overloading its capacity,
- in cases where the provisions of these Termsof use are violated.

Intellectual property rights

Use of the My MultiSport platform or Application or acceptance of these Terms and Conditions will not result in the transfer of any intellectual property rights, primarily copyrights on the My MultiSport platform or in the Application or any part thereof, to the MultiSport Card User.
Intellectual property rights over all content available in the My Multisport platform or Application, including copyrights in its graphic and verbal components, navigation solutions, content selection or appearance, are protected by law and are owned by Benefit Systems or entities with which Benefit Systems enters into appropriate agreements.
Accordingly, it is not permitted to copy or modify the My Multisport platform or Application, or any of its parts, it is not permitted to extract the My Multisport platform and or Application’s source code, translate the Application into other languages, or create derivative versions of the Application.
Benefit Systems has the right to make changes to the My Multisport platform or Application, change the design and/or functionality, at any time and for any reason.
Any use of the content may only take place with the prior express consent of Benefit Systems.
Upon acceptance of these Terms, Benefit Systems will grant the MultiSport Card User non-exclusive, non-transferable, free, time and territory limited, license to use the My Multisport platforme and Application exclusively for personal purposes to the extent of its features provided to the MultiSport Card User in these Terms of use. The license is limited in time to the validity period of the right to use the MultiSport Card and territorially limited to the area of the MultiSport Program.
The MultiSport Card User is not permitted to copy, distribute, modify, publish, commercially exploit or otherwise use the My Multisport platform or the Application contrary to law, public morality or these Terms of Use.
Benefit Systems reserves the right to revoke or limit the license at any time, in particular in the event of violation of these Terms of Use, misuse or termination of the right to use the MultiSport Card.

Responsibility

Benefit Systems will not be responsible for any failure or interruptions in the operation of the Application, resulting from technical reasons, including a change in the version of the Application, a change in the operating system on the MultiSport Card User’s device or the incompatibility of other software on that device.
Benefit Systems shall not be responsible for any technical interruptions resulting from the unavailability of the Internet or external websites not operated by Benefit Systems.
Benefit Systems will not be responsible if the security of the device on which the Application is installed is compromised due to viruses, malware and similar security threats, and if the Application does not work properly as a result.
Benefit Systems is not responsible for the costs incurred by the MultiSport Card User using the Application in terms of costs incurred by the MultiSport Card User towards the teleoperator due to the use of the Internet connection.
Benefit Systems states that the information relating to the Partner’s Sports Facilities accepting MultiSport Cards provided in the Application is current, unless there have been some changes in this regard that the Partner has not notified Benefit Systems.
Benefit Systems shall not be liable for any default or failure to fulfill its obligations caused by force majeure, i.e. circumstances beyond Benefit Systems’ control, which Benefit Systems could not have reasonably foreseen or prevented, including disasters, natural disasters, fires, floods, wars, strikes, riots or weather conditions that permanently or temporarily prevent or interfere with the use of all or some features of the Application.
Benefit Systems reserves the right to block MultiSport Card Users from using the features of the Application after the expiry of the MultiSport Card.
MultiSport Card Users can use the activities available in the MultiSport Program, as well as additional activities presented in the application, at their own risk, depending on their health and physical condition.

V. Terms of Access to Sport Facilities

At each arrival at the Sports Facility, the user of the Plastic MultiSport card must present his MultiSport Card, an identification document and register visit at the electronic card reader in the Sports Facility.
Virtual User is obliged to perform the Confirmed Identity procedure by presenting a valid Identification document during the first visit, when changing the photo in the Application or if the mobile device is changed. For next visit registration the Virtual User must present the Virtual MultiSport Card (“My Card” tab in the mobile application) and register the visit by scanning the QR code.
The MultiSport Card User can be denied a service in the Sports Facility if the service he wants to use is fully booked at that moment.

VI. Racket sports

For racket sports (tennis, badminton, squash, table tennis, padel) the following rules apply:

The appointment must be booked and agreed directly with the Sports Facility – Partner.
Benefit Systems will cover the full amount or a certain part of the desired appointment depending on the service, the appointment or the agreement reached with the Sports Facility – Partner.
If an additional payment for the appointment is required, it will be made according to the valid price list of the Sports Facility – Partner

The conditions and rules of use should be checked with the Sports Facility that provides the service.

VII. Miscellaneous

Employees of the Sport Facilities and employees of Benefit Systems are entitled to verify the Identification Documents of the MultiSport Card Users. In case of discrepancy with the names on the respective MultiSport Card, handing over of the respective misused MultiSport Card can be requested and the company Benefit Systems is entitled to deny access to the services to that MultiSport Card User. The company Benefit Systems is entitled to block the respective MultiSport Card also when the person who is actually using the MultiSport Card at the moment of the verification, refuses to present his/her Identification Document.
Benefit Systemsand the Client will not be held responsible for any damage that the User suffers when using the services covered by the MultiSport Program. Also, Benefit Systems is not responsible for possible changes in the type and/or volume of services provided by Sports Facilities included in the MultiSport Program..
This Terms of use can be amended and/or supplemented by Benefit Systems. The new/amended Terms of use enter into force as from the 1^st date of the month following their publishing on the website of Benefit Systems: https://benefitsystems.hr and in the Application. Benefit Systems is obligated to publish on its website https://benefitsystems.hr and in Application the new/amended Terms of use until the 15^th date of the month preceding the month in which they enter into force. The Clients are entitled to object to the new/amended Terms of use until the last date of the month in which the Terms of use have been published on the website by sending an e-mail to kontakt@benefitsystems.hr. In case they do not send an objection against the new/amended Terms of use, they shall be deemed approved by the Client.
Detailed information on the processing of personal data in connection with the use of the MultiSport Card is available in the Privacy Policy, which you can view here.
Any and all disputes that may arise in relation to the Terms will be referred for resolution to the competent court in Zagreb, Republic of Croatia.