General Contractual Terms and Conditions

Version 1.0 of 1.5.2018

These General Contractual Terms and Conditions/Terms of Use (GTC) shall apply to all contractual relations existing between Datasport Ltd. (hereinafter Datasport) and the athlete, unless expressly regulated otherwise or subject to other general terms and conditions. For the purposes of these GTC, athlete means any user of the myDS platform, any holder of a myDS Account or any person placing an order through the online shop. 

1. General

1.1 Business activity of Datasport 

Datasport's core service consists of performing the timekeeping for mass sporting events and administering athletes' registrations for sporting events. In addition, Datasport offers organisers a variety of services, such as processing registrations (online and offline), administering athletes' data, collection of payments, timekeeping, a results service, starting-number procedures and participant advertising and information.

Where athletes register for sporting events through Datasport, Datasport enables a contract to be concluded directly between the organiser and the athlete. In this case, the contract regarding participation in the sporting event shall be concluded exclusively between the athlete and the organiser. The terms and conditions of the organiser shall apply.

In connection with the contract concluded between the organiser and the athlete regarding participation in a sporting event, further contracts may be entered into:

(a) on the other hand, between the athlete and Datasport, for example DS Live Gold (a current overview and description of products and services may be accessed from here; hereinafter Additional Services); and 

(b) on the other hand, between the athlete and a third party, for example cancellation insurance, merchandising items (a current overview may be accessed from here; hereinafter Third Party Services).

With regard to Third Party Services, the contract shall be concluded exclusively between the athlete and the third party and the relevant terms and conditions of the third party shall apply. 

In addition, Datasport operates a platform containing athlete profiles (hereinafter myDS) on which the athletes may administer (myDS Account) and publish (myDS Profile) their data and registrations in connection with sporting events. The myDS platform is accessible through the Datasport website and the Datasport app. 

In addition, Datasport facilitates in particular the purchase of vouchers and catering packages (the products currently offered may be found here; hereinafter the Products) through an online shop (also possible without a myDS Account). 

myDS as well as Additional Services and Products offered by Datasport are referred to hereinafter as Services

1.2 Object of the GTC 

The object of these GTC is on the one hand the use of myDS by athletes, and on the other hand the registration process, the purchase of Additional Services and Third Party Services and Products through a myDS Account and the purchase of Products through the online shop (hereinafter, registration process, purchase of Additional Services and Third Party Services and Products through a myDS Account, together with the myDS order process, and along with purchases through the online shop, collectively, the Order Process). 

1.3 Consent to the GTC 

Consent to these GTC is provided by use of the myDS platform and/or an Order Process. Upon using individual Services or Products of Datasport, the athlete may be requested by Datasport to repeat his/her consent to the GTC by clicking on a corresponding check box. 

1.4 Data protection

The use of personal data is regulated by the then-current Privacy Statement

The athlete undertakes only to provide Datasport with personal data of third parties if the persons concerned are familiar with the then-current Privacy Statement and provided that the athlete is entitled to do so under applicable data protection law. Datasport may request athletes at any time to furnish proof of these prerequisites being met – including, in particular consent by the third party – within a reasonable period of time, failing which it may withdraw from all contracts and block access to the myDS Account without any further preconditions.

1.5 Amendments 

Datasport reserves the right to alter these GTC at any time without stating reasons, although it will provide at least 30 days' advance notice of such changes in an appropriate manner (e.g., by email). Unless they are objected to within this notice period and in any event by further use of the myDS Account by the athlete following expiration of the notice period, the amendments shall be deemed accepted. All other amendments and supplements to contractually agreed terms and conditions shall only be valid if confirmed by Datasport by email.  

1.6 Underage athletes 

Datasport proceeds on the assumption that underage athletes are acting with the consent of their legal representatives. Datasport may request underage athletes at any time to furnish proof of this consent within a reasonable period of time, failing which it may withdraw from all contracts and block access to the myDS Account without any further preconditions. 

2. MyDS

2.1 Registration for a myDS Account 

The creation of a user account (hereinafter myDS Account) is necessary in order to register for sporting events, purchase certain Services and publish an athlete profile on the myDS platform. The account credentials are comprised of an email address and a password (hereinafter Access Data). 

When creating a myDS Account it is necessary to provide the information requested in the registration form. The athlete is obligated to provide all information requested during the registration process accurately and in full.

2.2 Access Data 

The Access Data for the myDS Account provided to the athlete are intended for personal use by the athlete and shall be treated as confidential. All actions carried out using specific Access Data shall be imputed to the corresponding athlete as the owner of the myDS Account. 

2.3 MyDS Profile and myDS Pro 

2.4    

The myDS Account registers the athlete's participation in and results at various sporting events and enables him/her to gain online access to registrations and to manage his/her master data. In addition, the athlete may also record further information and upload pictures, place orders (Content) and make his/her myDS Account or certain Content publicly available (myDS Profile). 

2.5    

For certain functions of the myDS Profile, the purchase of a fee-based Additional Service (myDS Pro) is necessary. 

The athlete may select this Additional Service in his/her myDS Account. The selection will be displayed along with the price for an annual subscription. In confirming the order, the athlete places a binding offer to subscribe to myDS Pro for a period of one year. The contract regarding the myDS Pro Additional Service becomes valid upon confirmation by Datasport by email. 

3. Order Process 

3.1 Orders through the myDS Account

3.1.1    

The athlete must identify himself/herself with a myDS Account in order to register for sporting events and purchase Additional Services and Third Party Services. If the athlete does not yet have a myDS Account, he/she will be invited to register for a corresponding myDS Account the first time he/she attempts to register online (see above clause 2.1). The athlete is obligated to provide all information requested during the registration process accurately and in full.

3.1.2    

The overview of the available Services provided on the Datasport website solely constitutes an invitation to the athlete to submit an offer. The athlete makes his/her selection through his/her myDS Account. The selection will be displayed in the shopping cart. In confirming the order, the athlete places a binding offer to purchase the corresponding Services. The athlete is obligated to provide all information requested during the Order Process accurately and in full. 

3.1.3    

If the order is for registration for a sporting event, a contract shall be concluded exclusively between the organiser and the athlete. Datasport shall not be a party to such contract. 

3.1.4    

As soon as the athlete has registered for a sporting event using the online form, he/she is deemed to have placed a binding offer to participate in the sporting event and to purchase the related Services (including in particular DS Live and DS Live Gold). The athlete is obligated and responsible towards Datasport and the organiser to provide all information requested during the registration process accurately and in full. 

3.1.5    

All orders placed through an athlete's myDS Account shall be imputed to the corresponding athlete as the owner of the myDS Account.

3.1.6    

In registering for or ordering Third Party Services, and at the latest upon participating in the sporting event concerned, the athlete accepts, in addition to these GTC, the general terms and conditions, terms of use or contractual terms and conditions of the organiser, respectively the the third party. 

3.2 Orders in the online shop (without a myDS Account)  

The Products and prices displayed in the online shop solely constitute an invitation to the athlete to submit an offer. The athlete makes his/her selection through the online shop. The selection will be displayed in the shopping cart. In entering the invoice address and confirming the order, the athlete places a binding offer to purchase the Products selected. The athlete is obligated to provide all information requested during the Order Process accurately and in full. 

3.3 Registration and order confirmation 

After successful completion of the Order Process, the athlete will receive a registration or order confirmation by email. This constitutes acceptance of the offer by Datasport in its own right and/or on behalf of the organiser. 

If the registration or order confirmation contains an inaccurate summary of the Services but the athlete fails to inform Datasport thereof promptly (and in any case before the date of the corresponding sporting event) by email along with a request for correction, the summary of the Services concerned shall become an integral part of the contract. If Datasport notices that the summary of the Services is incorrect, it shall issue the athlete with a corrected summary of Services on its own initiative. Unless the athlete objects to the corrected summary of the Services within a reasonable period, it shall become an integral part of the contract. 

4. Prices and means of payment

4.1    

The athlete is obligated to pay in advance when registering for sporting events and when ordering fee-based Services and/or Third Party Services. 

4.2    

Where applicable, the prices displayed shall be deemed to include value added tax. 

4.3    

The price displayed covers the registration fee and the cost of the Services and/or Third Party Services ordered, exclusive of any payment and shipping charges. The fees charged for the relevant shipping method and/or means of payment will be displayed in the shopping cart during the Order Process. 

4.4    

Payment shall be made by charging the credit card provided during the Order Process (MasterCard, Visa, American Express, Discover Card), mobile invoice (Easypay, Twint), (online) money transfer, debit card payment (Maestro, Visa Debit, PostFinance Card, PayPal or Skriit), cheque or voucher. 

4.5    

If an order is cancelled or a payment made by the athlete is reversed or if the payment cannot be credited to Datasport for other reasons for which the athlete is responsible, the athlete shall automatically be deemed to be in default. Datasport may at its discretion request the athlete by email to pay the amount owed within a reasonable period of time or withdraw from the contract and claim default interest or damages. 

5. Content of the myDS Account

5.1    

Datasport may use the Content saved in myDS Accounts in connection with the operation of myDS and the provision of its Services insofar as necessary for proposal and documentation purposes, free of charge, and without any temporal or geographical limitations. This shall also apply beyond the termination of the contract. 

5.2    

The athlete shall bear sole responsibility for the relevant Content that is collected and published through the myDS Account. The athlete warrants that this Content does not infringe any intellectual property rights, personality rights or any other third party rights whatsoever and does not otherwise constitute a breach of applicable law or common decency and that he/she is entitled to grant Datasport the use rights specified above. The Content and other information may not be offensive, condescending, obscene, defamatory, harassing, maliciously false, disparaging, denigrating, misleading or otherwise in a similar manner unlawful and may not create any risk of confusion. The athlete may only post pictures on his/her myDS Profile that he/she has taken himself/herself or for which the holder of rights has consented to the intended use by Datasport; this shall also apply to Content that has already been made public on the internet.

5.3    

Datasport shall not be obligated to create backups of the Content or of other data relating to the athlete. In addition, Datasport shall be entitled at its discretion not to publish, to alter or to remove Content, in full or in part. 

6. Permitted use by the athlete

6.1 Use of myDS

The athlete may only use myDS manually and only in the manner intended. The use of mechanisms, software or other scripts that burden the myDS platform or run contrary to the obvious or declared interests of Datasport or third parties, as well as the unauthorised access to myDS Accounts of third parties, is prohibited. In particular, no crawlers, search robots or other automated procedures may be used in order to review the data stored on myDS. Athletes may not take any measures that could result in an unreasonable or excessive burden on myDS and may not otherwise act in a manner that disrupts myDS. Athletes are prohibited from blocking, overwriting or modifying Content generated by myDS. 

Athletes may not use myDS commercially or for any form of advertising without Datasport's express approval. In particular, the Content published on myDS Profiles may not contain any links or internet addresses. 

6.2 Use of other Datasport Services

The athlete undertakes to use DS Live and DS Live Gold only in accordance with the contractual purpose and in particular not to register third party recipients for SMS Services offered without their permission or to register third parties for sporting events without their permission. Further, the athlete undertakes to activate the transmission of geolocation data only from his/her own mobile devices or from devices hired out by Datasport or the organiser for this purpose and only for the persons or start numbers involved in the race and that have been allocated to him/her. 

Without Datasport's express approval, the athletes may only use the Services for private purposes, and not for commercial purposes. 

6.3 End devices of athletes

The athlete is responsible for the procurement, proper functioning and legal compliance of the hardware and software (End Devices) necessary in order to use the Datasport Services.  

Insofar as technically possible and reasonable, the athlete shall take measures to prevent the dissemination of unlawful or harmful Content through the End Devices used by him/her or harm caused to myDS by such devices. 

6.4 Hire devices owned by Datasport

Insofar as Datasport makes End Devices available to the athlete in connection with his/her use of the Services (including in particular DS Live Gold), these shall remain the property of Datasport throughout the entire period of use by the athlete. The athlete shall be obligated to use them with care and shall return the devices to Datasport in perfect condition promptly after use. 

7. Exclusion of warranty

Datasport provides its Services "as available" and does not warrant, in particular, that the information provided is accurate, complete and up to date. In particular, the website and/or other Services of Datasport or parts thereof may be temporarily unavailable or only available to a limited extent due to maintenance work or for other reasons, on account of which the athletes shall not accrue any claims against Datasport. Further, Datasport expressly disclaims any warranty that organisers or third parties will comply properly and in full with their duties in connection with the contract concluded between such organiser or third party and the respective athlete. In addition, Datasport does not provide any warranty for the Content published on the Datasport website by athletes, organisers and/or third parties, in particular that it is accurate, complete, up to date and lawful. 

8. Liability of Datasport

8.1    

To the extent permissible by law, the liability of Datasport shall be limited to intentional misconduct and gross negligence and shall be excluded for actions or omissions by its agents. In particular, Datasport shall not be liable for damages arising from data loss, as a result of transmission failures, losses resulting from the downloading of Services and similar losses. Datasport shall also be excluded from all liability for content on the websites of organisers and other third parties that refers to the websites of Datasport (including in particular myDS Accounts). 

8.2    

Datasport is not obligated to examine the Content published by the athlete on his/her myDS Profile. Accordingly, Datasport shall not be liable in particular for the actions of athletes and/or losses to other athletes, organisers or third parties as a result of the conduct of athletes in connection with the use or misuse of myDS Profiles and Additional Services of Datasport. 

8.3    

Datasport is unable to check whether the organiser, the athlete or a third party is complying properly and in full with his/her/its duties in or in connection with the contract between him/her/it and the respective athlete. Liability for breaches of contract, such as in particular the deficient organisation or holding of a sporting event, the cancellation of sporting events in a manner that constitutes a breach of contract, the deficient quality of services and any breach by the athlete of his/her duties in relation to participation in the sporting event shall lie exclusively with the organiser, third party or athlete in accordance with the corresponding contracts, and not in any event with Datasport. 

9. Indemnification

The athlete shall be obligated to compensate Datasport for any expenses and losses arising from or in connection with the unauthorised use or misuse of his/her Access Data and/or any careless, unauthorised or improper use of his/her myDS Account or the Services offered by Datasport. The athlete shall be obligated in particular to hold Datasport harmless in the event that he/she infringes any rights of third parties in connection with publications on the platform and such third party brings an action against Datasport related thereto. 

10. Blocking of myDS Accounts and discontinuation of Services

Datasport reserves the right, where justified (e.g., indication of a breach of contractual or other legal duties, such as the use of Services in breach of contract, cf. in particular clause 6 above), to block access by the athlete to his/her myDS Account and to delete Content that constitutes a breach of contract or is unlawful (cf. in particular clause 5 above) without prior notice. 

The same shall apply in the event of unauthorised recording of third parties or opening of myDS Accounts for the evident purpose of misuse. 

If there are indications that Additional Services (including in particular DS Live and DS Live Gold) are being used in breach of contract, Datasport reserves the right to discontinue the corresponding Service promptly and without compensation. 

11. Termination of the contract 

11.1    

The myDS Account shall exist for an indefinite period of time and may be cancelled at any time without stating reasons either by Datasport or by the athlete. After the myDS Account has been deleted, the Content uploaded by the athlete shall be retained or erased in accordance with the Privacy Statement

11.2    

MyDS Pro is ordered for periods of one calendar year each. Datasport shall inform the athlete in good time of the upcoming expiration of the contract term and grant him/her the opportunity to extend myDS Pro for a further year subject to payment of the annual fee. If the annual fee is not paid, the myDS Pro Account will continue to be operated in the myDS Account default setting. 

12. Intellectual property 

All Content of Datasport published on the website of Datasport and on the myDS platform is protected by copyright and, unless specified otherwise, is exclusively and fully owned by Datasport. 

Texts, figurative representations and other Content and information contained on myDS and on the Datasport website may only be used insofar as and for as long as necessary for the proper use of the Services offered through myDS. The contract does not transfer to the athlete any rights whatsoever in and to such texts, figurative representations and other Content and information. The use of logos and other marks of Datasport is only permitted with Datasport's express prior approval and only in accordance with its requirements. 

13. Final provisions 

13.1    

Datasport reserves the right to assign any or all rights or duties under these GTC to a third party or to arrange for their exercise by a third party. 

13.2    

Should any term or terms of these GTC be or become invalid or unenforceable in full or in part, this shall not affect the validity or enforceability of the remaining terms of these GTC or the validity of the purchase of Services/Third Party Services or of registrations. In this case, the parties shall replace the invalid or unenforceable term with a valid and enforceable term that comes as close as possible to the economic purpose of the term to be replaced. The same shall apply mutatis mutandis in the event of any gap in these GTC. 

13.3    

The contractual relationship between Datasport and the athlete regulated by these GTC shall be governed exclusively by Swiss law (excluding its conflict of laws provisions and the provisions of the UN Convention on Contracts for the International Sale of Goods).

Place of jurisdiction for all disputes arising out of or in connection with the contractual relationship between Datasport and the athlete shall be in Gerlafingen, unless another place of jurisdiction is required by law. Datasport may also bring claims against athletes at the ordinary place of jurisdiction (residence).