General Terms and Conditions of the European Athletics Event Management System (ARENA)

Welcome to the European Athletics Online Event Management System (“Arena”) https://arena.european-athletics.org (“Website”). European Athletics ( “We”, “Our”) provides the Registration Service, including any content, to You subject to the following General Terms and Conditions of use and any documents referred to in them (“T&Cs”).

Unless specified herein, capitalized terms will have the meaning ascribed to them in the T&Cs.

 European Athletics may change or add to theses T&Cs at any time. In this case, the new version of the T&Cs will be published online on Our Website. From the time it is published online, the new version of the T&Cs will apply.

 

1.         Acceptance of Terms

By accessing, using and registering into Arena, You ("User", "You", “Yourself”, “Your”) agree to be bound by these T&Cs, which You acknowledge that You have read and understood.

 

European Athletics carries out Your registration according to the T&Cs in force at the time of registration. The current version of the T&Cs is made available to You on Our Website.

 

2.         Scope

European Athletics operates Arena. Users can register to various events (“Event” or “Events”) organized by a local organising committee (“LOC”), under the supervision of European Athletics.

 

3.         Your registration obligations

By registering, You represent and warrant that: (i) You are eligible for an account as set forth in these T&Cs; and (ii) the information You include as part of the registration process is accurate and not misleading. Accounts may be obtained and used only by: (i) individual, independent professionals who are eighteen (18) years old or of legal age in their country of residence if such age exceeds eighteen (18); (ii) those individuals whose registration has been authorised either by their parents or legal guardian if they are below the legal age in their respective country of residence; or (iii) individuals with the right and authority to act on behalf of an organisation or entity for the purposes of accessing and using Arena.

 

In respect of Your use of Arena, You agree to: (i) provide true, accurate, current and complete information about Yourself as prompted by the registration form ("Personal Data"); and (ii) maintain and promptly update the Personal Data to keep it true, accurate, current and complete. If You provide, or We have reasonable grounds to suspect that You have provided, any information that is untrue, inaccurate, not current or incomplete, or We otherwise reasonably consider that You have failed to comply with any provisions of these T&Cs, We have the right to suspend or terminate Your account and refuse You access to any and all current or future use of Arena (or any portion thereof).

 

4.         Account, Password and Security

You will receive a password and account designation upon completing any registration process (as described in Section 3). You are fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under Your password and account.

 

You agree to: (i) immediately notify European Athletics of any unauthorised use of Your password or account and any other breach of security; and (ii) ensure that You exit from Your account at the end of each session. European Athletics cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 4.

 

5.         Deadlines

European Athletics takes no liability for the User failing to meet the set deadlines mentioned in Arena by failure of the User’s computer or any other device.

 

6.         Conclusion of contract with regard to particular services

Through Arena, users may also register for particular services (“Particular Services”). These services are, in particular, the following:

-           accreditation services;

-           accommodation services;

-           side events (e.g. sight-seeing tours);

-           other services specified per event

 

Bookings for Particular Services can be in the name and on the account of third party services providers (“Services Provider”). With regard to Particular Services, a contract can exists solely between You and the Services Provider. Due regard is to be given to the Services Provider’s general terms and conditions. The arrangements and programme for Particular Services are the sole responsibility of the Service Provider.

 

Offer

In submitting Your registration for Particular Services (“Offer”) You are inviting the Services Provider to conclude a purchase contract with You (“Purchase Contract”).

By requesting Particular Services through Arena, the User acknowledges that he has read and understood the terms and conditions applicable by the Services Provider.

Acceptance by the Services Provider

 

By sending email confirmation (“Confirmation”), the Services Provider accepts the User’s invitation to conclude a contract. The Confirmation will contain the essential points of the booking. In placing a booking, You accept the Services Provider’s safety, admission and other operational regulations.

 

As long as the Services Provider has not sent the Confirmation to the User, the former is not bound by the Offer.

 

Multiple registration

If there is a facility to register several people simultaneously for an event, and that You use this facility, You are liable with regard to all the participants who You register for.

 

7.         Payment

For the Event

European Athletics does not request any payment by credit card, but only by invoice (e.g. for accreditation, tickets or others).

For the Particular Services

The payment with regard to the Particular Services by credit card are dealt with only by the Services Provider outside of Arena.

 

8.         Cancelation or modification by the User

For the Event

For the Particular Services

The conditions applicable to the cancelation or modification of a registration by the User are specified in the relevant Services Provider’s terms and conditions.

Any reimbursement issue, or any other dispute related to the cancelation or modification of a registration by the User, shall be solely resolved between the Services Provider and the User. European Athletics, only acting as an intermediary, is not liable in this regard.

Cancellation or Postponement of an event

European Athletics is not an event organiser and, accordingly, it is not liable for events which do not run as advertised.

Cancellation or postponement rules are as specified by the relevant LOC.

You are responsible to inform Yourself, before submitting an Offer, about the relevant LOC’s terms and conditions, in particular with regard to the postponement/cancellation of an Event.

 

9.         Trademark and copyright information

European Athletics, the European Athletics logo, the emblems and mascots of European Athletics events, and other European Athletics logos, European Athletics event marks and product and service names are trademarks and copyright material of European Athletics (the " European Athletics Marks"). You agree not to display or use the European Athletics Marks in any other manner without European Athletics’ prior written permission

 

Certain content in Arena is provided by third parties.  Any copying, re-publication or re-distribution of such content, including by framing or similar means, is expressly prohibited without the prior written consent of the relevant right holders. European Athletics or these right holders shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Please consult the respective websites of the concerned right holder for additional information.

 

10.       Copyrights

European Athletics respects the intellectual property of others. If You believe that any of Your intellectual property rights have been infringed on the Website, please contact us at event@european-athletics.org.

 

11.       Modification to service

European Athletics reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that European Athletics shall not be held liable to You or to any third party for any modification, suspension or discontinuance of the Website or Service. Although European Athletics will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and European Athletics is under no obligation to update such Content.

 

12.       Privacy Policy

By using Arena, You or any person You allow to access and use Your account may provide Us with certain personal data, including the Personal Data and certain other information about You. By submitting Your personal information to Arena, You agree to Our use of such data in accordance with the Our Privacy Policy set out at in below annex to the present T&C’s ("Privacy Policy").

 

13.       Familiarity with the use of electronic communications

When using Arena, You agree that You are familiar with electronic means of communication and aware of the security risks of electronic transmissions. You undertake that You will only use such means of communication lawfully.

 

14.       Termination

We may, in Our sole discretion and without liability to You, with or without cause, with or without prior notice and at any time: (i) terminate Your access to Arena in whole or in part; and (ii) deactivate or delete any of Your accounts and all related information and files in such accounts.

 

15.       Disclaimers

IF YOU ACCESS AND USE ARENA, YOU DO SO AT YOUR SOLE RISK. ARENA AND ITS CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ARENA, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

16.       Indemnification

You agree to indemnify and hold Us and Our subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (i) Your use of and access to Arena, including without limitation Your connection to Arena; or (ii) Your failure to comply with any provision of the T&Cs.

 

17.       Limitation of Liability

You expressly acknowledge and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We been advised of the possibility of such damages), resulting from: (i) the use or the inability to use Arena; (ii) the cost of procurement of substitute services resulting from any data, information or services obtained or messages received or transactions entered into through or from Arena; (iii) unauthorised access to, or alteration of, Your transmissions of data; (iv) statements or conduct of any third party in Arena; or (v) any other matter relating to Arena.

 

European Athletics is not a party to the Purchase Contract, and therefore has no control over the quality of Particular Services provided by any Services Provider. European Athletics is not liable for the execution of the Services Provider’s obligations with regard to the Purchase Contract.

 

Hyperlinks may link to websites other than the Website. We are not liable for the content of these websites or the services featured on them.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, the use of Arena must be filed within one (1) year after such claim or cause of action first arose.

 

18.       Exclusions and limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to You.

Nothing in these T&Cs shall affect the statutory rights of any User or exclude or restrict any liability for death or personal injury arising from the negligence or fraud Us or any other liability which cannot be excluded or limited under applicable law.

 

19.       Notices

Notices to You will be made via either email or post to the relevant email address or postal address provided by You to Us from time to time.

 

20.       General Information

These T&Cs (including the specific terms applicable to certain services) constitute the entire agreement between You and Us in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between You and Us, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software.

 

Any failure by Us to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision.

 

If any provision of the T&Cs is found to be invalid, the parties nevertheless agree that the parties' intentions, as reflected in the provision, shall be given effect to the fullest extent practicable, and the other provisions of the T&Cs remain in full force and effect. The section titles in the T&Cs are for convenience only and have no legal or contractual effect.

 

You may not assign or transfer any of Your rights or obligations, or subcontract the performance of any of Your obligations, under these T&Cs. We may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under these T&Cs to any third party at any time without Your consent (such consent hereby being given).

 

THE T&Cs AND THE RELATIONSHIP BETWEEN YOU AND EUROPEAN ATHLETICS SHALL BE GOVERNED BY THE LAWS OF SWITZERLAND. ALL DISPUTES IN CONNECTION WITH THESE TERMS ARE TO BE RESOLVED BY THE COURTS OF THE CANTON VAUD, SWITZERLAND, SUBJECT TO AN APPEAL TO THE SWISS FEDERAL TRIBUNAL.

 

21.       Violations

Please report any violations of the T&Cs by contacting Us at event@european-athletics.org.

 

 

 

Annex

 

Privacy Policy of the European Athletics’ Event Management System

 

Welcome to the European Athletics Online Event Management System (“Arena”)

https://arena.european-athletics.org operated by European Athletics (“European Athletics”, “We”, “Our”). Please read the following to learn about Our Privacy Policy and the ways in which We use Your information before You proceed with use of Arena.

The present Privacy Policy is an annex to the General Terms and Conditions (the “T&Cs”) of use of Arena, and shall be read together with these T&Cs.

Unless specified herein, capitalised terms will have the meaning ascribed to them in the T&Cs and/or this Privacy Policy.

 

Date of issue of this Privacy Policy: 1 January 2014

 

1.         International Transfer

YOUR INFORMATION IS PROCESSED AND STORED IN SWITZERLAND & ITALY, AND MAY BE STORED AND USED ELSEWHERE DEPENDING ON THE LOCATION OF AFFILIATES, BUSINESS PARTNERS, AND OTHER ENTITIES WHO ARE PERMITTED TO ACCESS SUCH INFORMATION UNDER THE TERMS OF THIS PRIVACY POLICY (AND SUCH LOCATIONS MAY INCLUDE COUNTRIES WHICH MAY NOT AFFORD THE SAME LEVEL OF PROTECTION OF SUCH DATA AS THE COUNTRY FROM WHICH YOU PROVIDED THE INFORMATION). IN SUBMITTING INFORMATION TO US, YOU SPECIFICALLY AGREE TO THAT TRANSFER AND ANY RELATED PURPOSES.

 

2.         Collection and use of Personal Data

It is Our aim, with regard to Your security and the protection of Your data, to ask You for the least possible personal data and to manage the necessary information as securely as possible. You provide some personal data when you register with Arena. These include, for example, Your full name, Your Age and your e-mail address. To process booking to Events, more information, e.g. the delivery address, may be collected and treated. We collect, save, process and use Your Personal Data only for the purposes of providing Our own services and for the purpose of registration to Events, and only to the extent necessary for this.

 

3.         Purpose of the collect of Personal Data

Your Personal Data are compiled for the purpose of the registration to Events organised by European Athletics. European Athletics, including its subsidiaries, affiliates, licensors, licensees, officers, agents, co-branders and other partners, as well as the Local Organising Committee (“LOC”), will use any of Your Personal Data and Picture(s) You provided us to comply with Your requests.

 

We also use information collected for our general purposes: for technical administration of Arena, for research and development to achieve and maintain a high service level and for customer information (to customise the content you see, to fulfil your request for certain products and services).

 

European Athletics may also use your Personal Data in order to send you non-commercial information (Newsletter, etc.).

 

4.         Automatic Information

We also automatically receive and record information on Our server logs from Your browser including Your Internet Protocol address (IP address), which identifies Your computer, Our cookies information and the page You requested.

 

5.         Cookies

We, like many online services, may set and access cookies on Your computer. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to Your browser from a website's computer and stored on Your computer's hard drive.

We use its own cookies for number of purposes, mainly to:

 

-           access Your information when You "sign in", so that We can provide You with customised content;

-           keep track of preferences You specify while You are using Arena;

-           estimate and report Our total audience size and traffic;

-           conduct research and development to improve Arena’s contents and services and achieve and maintain a high service level.

 

We may allow third parties that are presenting promotions or researching users response to advertisement on some of Our pages to set and access their own cookies on Your computer. Third parties' use of their cookies is subject to their own privacy policies and not this one.

 

6.         Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Us. Safeguarding information to help protect You from identity theft is a top priority. We do not and will not, at any time, request Your credit card information, Your account ID, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.

Payment information may be requested by the Services Provider. Such request will however not be made directly by European Athletics, neither through Arena nor through any other mean of communication.

 

7.         Information Sharing and Disclosure

Your Personal Data will be shared with the LOC concerned by Your registration, as well as with the Services Provider. 

 

We may also send information about You to other companies or people when:

a)        We have Your consent to share the information; or

b)        We need to share Your information to provide the product or service You have requested; or

c)         We provide the information to companies who work on behalf of Us under confidentiality agreements; or

d)        We respond to subpoenas, court orders or legal process; or

e)        We believe it is necessary, as determined in Our sole discretion, to investigate, prevent, or take action regarding illegal activities, suspected fraud, emergency situations involving potential threats to the physical safety of any person, violations of Our ‘s T&Cs, or as otherwise required by law.

 

Some of this data may be stored or processed at computers located in other jurisdictions, whose data protection laws may differ from the jurisdiction in which you live. In such cases, we will ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the data that are equivalent to those that apply in Switzerland.

 

8.         Security

We want You to feel confident about using Arena . For that reason, We have implemented reasonable technical and organisational measures designed to secure Your information from accidental loss and from unauthorised access, use, alteration or disclosure. However, the Internet is an open system and We cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your information for improper purposes.

If You communicate with Us by e-mail, You should note that the secrecy of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages or information which are not encrypted You accept the risk of such uncertainty and possible lack of confidentiality over the Internet.

 

9.         Your right to access information

You are entitled to see the information held about You. If You wish to do this, please send us an e-mail at the following address event@european-athletics.org . We may require You to provide verification of Your identity to provide a copy of the information we hold. Please note that in certain circumstances We may withhold access to Your information where We have the right to do so under current data protection legislation.

 

Subject to certain exceptions provided by the law on data protection, the information regarding Your Personal Data will be provided to You free of charge.

 

10.       Updating/deleting Your information

You may review, correct, update, change or delete Your Personal Data at any time by accessing Your account on Arena. We will attempt to accommodate Your request for deletion if We do not have any legal obligation to retain the record. Please send us an e-mail at the following address if you wish to review, correct, update, change or delete Your Personal Data: event@european-athletics.org . 

 

11.       Our policy towards children

If a parent or guardian becomes aware that his or her child has provided Us with personal information without their consent, he or she should delete the account (refer to: Updating/deleting Your information). If we become aware that a child under 13 has provided us with personal information without such consent, we will delete such information from our files.

 

12.       Changes to this Privacy Policy

This Privacy Policy may be amended from time to time. If we amend the Privacy Policy in any way we will place an updated version on this page of Arena. Regularly reviewing this page ensures that you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.

 

13.       Jurisdiction and applicable law

This Privacy Policy and all matters arising out of or related to this Privacy Policy shall be governed by the substantive laws and principles of Switzerland, without regards to conflicts of laws and principles thereof.

 

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN RELATION TO THIS PRIVACY POLICY, INCLUDING THE VALIDITY, INVALIDITY, BREACH OR TERMINATION THEREOF, SHALL BE DECIDED EXCLUSIVELY BY THE ORDINARY COURTS OF THE CANTON VAUD, SWITZERLAND, SUBJECT TO AN APPEAL TO THE SWISS FEDERAL TRIBUNAL.