Version 1.0 of 01.01.2020
These General Contractual Terms and Conditions/Terms of Use (GTC) shall apply to all contractual relations existing between LCAS 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 LCAS platform or any holder of a LCAS Account.
1. GENERAL
1.1 BUSINESS ACTIVITY OF DATASPORT
LCAS's core service consists of performing the administering athletes registrations for sporting events. In addition, LCAS offers organisers a variety of services, such as processing registrations (online), administering athletes data, a results service, starting-number procedures and participant advertising and information.
Where athletes register for sporting events through LCAS, LCAS 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 a third party, for example cancellation insurance, merchandising items.
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, LCAS operates a platform containing athlete profiles on which the athletes may administer (LCAS Account) and publish (LCAS Profile) their data and registrations in connection with sporting events. The LCAS platform is accessible through the LCAS website.
1.2 OBJECT OF THE GTC
The object of these GTC is on the one hand the use of LCAS by athletes, and on the other hand the registration process, the purchase of Additional Services and Third Party Services and Products through a LCAS Account.
1.3 CONSENT TO THE GTC
Consent to these GTC is provided by use of the LCAS platform. Upon using individual Services or Products of LCAS, the athlete may be requested by LCAS 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 LCAS 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. LCAS 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 LCAS Account without any further preconditions.
1.5 AMENDMENTS
LCAS 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 LCAS 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 LCAS by email.
1.6 UNDERAGE ATHLETES
LCAS proceeds on the assumption that underage athletes are acting with the consent of their legal representatives. LCAS 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 LCAS Account without any further preconditions.
2. LCAS ACCOUNT
2.1 REGISTRATION FOR A LCAS ACCOUNT
The creation of a user account (hereinafter LCAC Account) is necessary in order to register for sporting events, purchase certain Services and publish an athlete profile on the LCAS platform. The account credentials are comprised of an email address and a password (hereinafter Access Data).
When creating a LCAS 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 LCAS 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 LCAS Account.
2.3 LCAS PROFILE
The LCAS 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 and make his/her LCAS Account or certain Content publicly (only for other LCAS users) available (LCAS Profile).
3. ORDER PROCESS
3.1 ORDERS THROUGH THE LCAS ACCOUNT
The athlete/coach must identify himself/herself with a LCAS Account in order to register for sporting events and purchase Additional Services and Third Party Services. If the athlete/coach does not yet have a LCAS Account, he/she will be invited to register for a corresponding LCAS 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.
The overview of the available Services provided on the LCAS website solely constitutes an invitation to the athlete/coach/event organizer to submit an offer. The athlete/coach/event organizer makes his/her selection through his/her LCAS Account. The athlete/coach/event organizre is obligated to provide all information requested during the Order Process accurately and in full.
If the order is for registration for a sporting event, a contract shall be concluded exclusively between the organiser and the athlete. LCAS shall not be a party to such contract.
As soon as the athlete/coach 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. The athlete/coach is obligated and responsible towards LCAS and the organiser to provide all information requested during the registration process accurately and in full.
All orders placed through an athlete's LCAS Account shall be imputed to the corresponding athlete as the owner of the LCAS Account.
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 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 LCAS 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 LCAS 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 LCAS 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
The athlete/coach/event manager is obligated to pay in advance when registering for sporting events and when ordering fee-based Services and/or Third Party Services.
Where applicable, the prices displayed shall be deemed to include value added tax.
The price displayed or described, 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 during the Order Process.
Payment shall be made as described in the given informations.
If an order is cancelled or a payment made by the athlete is reversed or if the payment cannot be credited to LCAS for other reasons for which the athlete is responsible, the athlete shall automatically be deemed to be in default. LCAS 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 LCAS ACCOUNT
LCAS may use the Content saved in LCAS Accounts in connection with the operation of LCAS 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.
The athlete shall bear sole responsibility for the relevant Content that is collected and published through the LCAS 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 LCAS 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 LCAS Profile that he/she has taken himself/herself or for which the holder of rights has consented to the intended use by LCAS; this shall also apply to Content that has already been made public on the internet.
LCAS shall not be obligated to create backups of the Content or of other data relating to the athlete. In addition, LCAS 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 LCAS
The athlete may only use LCAS manually and only in the manner intended. The use of mechanisms, software or other scripts that burden the LCAS platform or run contrary to the obvious or declared interests of LCAS or third parties, as well as the unauthorised access to LCAS 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 LCAS. Athletes may not take any measures that could result in an unreasonable or excessive burden on LCAS and may not otherwise act in a manner that disrupts LCAS. Athletes are prohibited from blocking, overwriting or modifying Content generated by LCAS.
Athletes may not use LCAS commercially or for any form of advertising without LCAS's express approval. In particular, the Content published on LCAS Profiles may not contain any links or internet addresses.
6.2 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 LCAS 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 LCAS by such devices.
6.3 HIRE DEVICES OWNED BY LCAS
Insofar as LCAS makes End Devices available to the athlete in connection with his/her use of the Services, these shall remain the property of LCAS 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 LCAS in perfect condition promptly after use.
7. EXCLUSION OF WARRANTY
LCAS 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 LCAS 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 LCAS. Further, LCAS 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, LCAS does not provide any warranty for the Content published on the LCAS website by athletes, organisers and/or third parties, in particular that it is accurate, complete, up to date and lawful.
8. LIABILITY OF DATASPORT
To the extent permissible by law, the liability of LCAS shall be limited to intentional misconduct and gross negligence and shall be excluded for actions or omissions by its agents. In particular, LCAS 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. LCAS shall also be excluded from all liability for content on the websites of organisers and other third parties that refers to the websites of LCAS (including in particular LCAS Accounts).
LCAS is not obligated to examine the Content published by the athlete on his/her LCAS Profile. Accordingly, LCAS 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 LCAS Profiles and Additional Services of LCAS.
LCAS 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 LCAS.
9. INDEMNIFICATION
The athlete shall be obligated to compensate LCAS 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 LCAS Account or the Services offered by LCAS. The athlete shall be obligated in particular to hold LCAS 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 LCAS related thereto.
10. BLOCKING OF MYDS ACCOUNTS AND DISCONTINUATION OF SERVICES
LCAS 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 LCAS 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 LCAS Accounts for the evident purpose of misuse.
If there are indications that Additional Services are being used in breach of contract, LCAS reserves the right to discontinue the corresponding Service promptly and without compensation.
11. TERMINATION OF THE CONTRACT
The LCAS Account shall exist for an indefinite period of time and may be cancelled at any time without stating reasons either by LCAS or by the athlete. After the LCAS Account has been deleted, the Content uploaded by the athlete shall be retained or erased in accordance with the Privacy Statement.
12. INTELLECTUAL PROPERTY
All Content of LCAS published on the website of LCAS and on the LCAS platform is protected by copyright and, unless specified otherwise, is exclusively and fully owned by LCAS.
Texts, figurative representations and other Content and information contained on the LCAS website may only be used insofar as and for as long as necessary for the proper use of the Services offered through LCAS. 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 LCAS is only permitted with LCAS's express prior approval and only in accordance with its requirements.
13. FINAL PROVISIONS
LCAS 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.
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.
The contractual relationship between LCAS and the athlete/coach/event manager 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).
