28 November 2021

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Legal warning

DISCLAIMER

The following Terms of Use (hereafter, the “Terms”) provide information on the https://www.zurichmaratonsansebastian.com/ website (hereafter, “Website” or “Platform”). Access to and/or use of the Website implies the express and unreserved acceptance of all the conditions stated in these Terms, which have the same validity and effectiveness as any other contract entered into and signed.

The observance of, and compliance with, the Terms will be enforceable to any person who accesses and/or uses the Website. If you do not agree with the stated terms, do not access and/or use the Platform. By accepting the “Terms of Use” the participant declares that s/he has read and understood them and is agreement with what is stated herein.

1. IDENTIFICATION

  • Owner of the Website: DONOSTI EVENTOS-RPM RACING PRUEBAS DEPORTIVAS UTE
  • Tax code (VAT number): U16760845
  • Registered office: Portuetxe 2, 20018 Donostia (Gipuzkoa)
  • Email: maraton@maratonsansebastian.com

We advise you that this Website may contain advertising material.

2. FUNCTIONING OF THE WEBSITE

The Website is an online platform where users can access the sports events managed by RPM-MKTG and register for them. 

When registering for the events, using the specific form provided for this purpose, the participant should enter his/her real and truthful data on the form. This is an essential requirement to manage our service correctly. In the context of these Terms, users are referred to as “participants”.

Under no circumstances will RPM-MKTG be liable for the accuracy of the registration data provided by the participants, so each and every participant is responsible for any possible consequences, errors and failures that may subsequently arise from the lack of accuracy of the data entered.

The events can be free-of-charge or fee-paying. The monetary status of the events will be specifically indicated in the description of the same.

3. OBJECT

Below we indicate what can and what cannot be done when accessing, browsing, registering and using the Website. 

The aim of these Terms is to establish the contractual conditions for participants who wish to participate in the different sports events. It is also understood that a person becomes a User of the Platform at the moment s/he accepts the Terms of Use and/or Privacy Policy stated. This becomes effective from the moment the User accesses the Platform.

In any event, RPM-MKTG reserves the right to modify these Terms without prior notice, making them public, together with the date of publication, through the Website and always observing modification criteria designed to improve the service and provide greater clarity and better protection to consumers and users.

4. ACCESS AND BROWSING

User registration is not required for access to and browsing the Website, although participants are required to fill in the registration form in order to take part in the different sports events organised.

Under no circumstances will RPM-MKTG be held liable for the accuracy of the registration data provided by participants. Each participant will be solely responsible for any possible consequences, errors and failures that may arise from the lack of accuracy or the type of data entered. The RPM-MKTG team may contact the participant at any time so that s/he may demonstrate his/her real age, providing a photocopy of a National Identity Card or equivalent document. If this information is not provided within the period indicated, RPM-MKTG reserves the right to cancel the participant’s registration for the event in question.

The data on the National Identity Card or equivalent document provided will only be used by authorised personnel of RPM-MKTG to carry out the task of identification; in no case will they be used for other purposes.

RPM-MKTG requests that any abuse or infringement of these Terms of Use that is detected, and in particular related to minors, be immediately notified through the means of contact indicated above.

5. REGISTRATION OF THE PARTICIPANT IN DIFFERENT EVENTS

5.1 Registration for a free-of-charge event

The participant may register free-of-charge as an individual without obtaining any kind of economic gain from participating- He/she may not claim any kind of compensation (economic or non-economic) from RPM-MKTG. 

5.2 Registration for a fee-paying event

To register for certain events, the participant will pay a sum specified in the description of the different events.

Regardless of whether the participants register for free-of-charge or fee-paying events, they are responsible for the information they provide in their registration and assume full liability for any consequences that may arise from this. RPM-MKTG will not assume any liability for any actions that the participants may carry out, and will be held harmless of any liability that may arise from any claim for actions or omissions made by the participant that may jeopardise the rights of third parties and/or infringe regulations on intellectual or industrial property, or any other regulation in the applicable jurisdiction.

The registration of minors under eighteen (18) years of age is forbidden, in accordance with that stated in paragraph 12 of these Terms. In the event of a registration by a minor under that age, it will be assumed that it has been done with the prior and express consent of the minor’s parents, guardians or legal representatives, without prejudice to RPM-MKTG reserving the right to make as many verifications as it considers appropriate.

Participants are also informed that, in all the events that are announced on the Platform, photographs and/or videos will be taken during the events. The content obtained in the events may be used by RPM-MKTG for a range of purposes (publishing on the website, on the website + social media, etc.). Registration and participation in the event will mean the participant’s acceptance of his/her image being captured/used for the purpose(s) indicated in the Regulations.

5.3. Delivery and purchase of necessary materials and additional products

A range of materials will be made available to the participants, as described in the Regulations, for both free-of-charge and fee-paying events. 

As a general rule, and provided that the Participant has paid in full and payment has been received by RPM-MKTG, the materials required for participation in the event will be delivered together with the race number (bib).

In the event of purchasing further products, such as a personalised medal or a photo pack, these will be governed by the conditions stated in the Regulations. 

RPM-MKTG recommends that the Participant should validate any information related to these materials before any use or performance based on this information. RPM-MKTG does not assume any liability for typographical or other similar errors, nor for any possible omissions in the information about the material.

Fee and Payment

Once the form has been filled in, the Participant will proceed to pay the registration fee and, if applicable, the sum for the purchase of additional material, through the means of payment specified on the Website.

After payment has been made, the Participant will receive a confirmation email of his/her registration in the event in question, including -in the event of having purchased additional material (e.g. the personalised medal or the photo pack)- (i) a summary of the purchased items, (ii) the shipping method selected and (iii) the delivery address, if applicable.

If, at the time of making the payment, circumstances arise that prevent the payment being processed, the participant will receive an automatic errormessage. Registration for the requested event will not be considered completed until payment of the full sum has been made.

Fees for events and materials are expressed in euros (€), including taxes and handling/shipping charges. The sum will be indicated at the time of confirmation of the event in question.

We advise participants that payments will be made through the payment gateways described in our Privacy Policy.

6. CANCELLATION AND REFUND 

6.1. Cancellation of registration.

Participants may request the cancellation of their registration at any time up to the day prior to the delivery of the equipment, material and, as the case may be, bib number. 

In the case of a registration for a fee-paying event, you may request a refund of the sum paid at the time of registration if the time frame referred to in the previous section is observed, and also in the conditions established in the Regulations on registration.

6.2. Return of additional products.

Returns as a result of manufacturing defects.

RPM-MKTG is liable for any non-conformity of additional products such as the personalised medal if this is notified within two (2) years from their delivery. In this case the Participant may return the product(s) in question. 

 According to the legislation, it is understood that products are compliant when:

• They correspond to the description made by the seller and possess the product characteristics that the seller has presented to the consumer and user in the form of a sample or model

• They are suitable for the uses that products of the same type usually undergo

• They are suitable for any special use required by the consumer and user when s/he has notified this to the seller at the time of signing the purchase agreement, provided that that the seller has indicated that the product is suitable for said use.

During the two (2)-year period in which RPM-MKTG is liable for the non-conformity of the product(s), it will only be assumed that this non-conformity can be attributed to RPM-MKTG in the first six (6) months of this period. During the following eighteen (18) months, up to the 2-year period stated, the Participant who purchases the additional product(s) must justify and provide credible proof that the non-conformity is attributable to RPM-MKTG. In the event of RPM-MKTG’s liability for the non-conformity of the product(s) not being justified and proven, it will not be possible to return the product(s).

Returns due to withdrawal.

Participants who purchase additional materials may exercise their right of withdrawal within fourteen (14) calendar days from the moment when the material is received. This right will be exercised directly against RPM-MKTG.

These participants may exercise this right of withdrawal when they are not satisfied with the products received in their order, without any penalty or a need to indicate the reasons for the return.

Nevertheless, the participant will bear the direct cost of returning the product(s) to RPM-MKTG, both if s/he returns the order in full or decides to only return one or more of the products ordered.

Nevertheless, in accordance with article 103 of Spanish Legislative Royal Decree 1/2007 of 16 November 2007, approving the revised text of the Spanish General Law on the Defence of Consumers and Users and other complementary laws, the right of withdrawal will not be applicable in the event of materials produced in accordance with the consumer’s and user’s specifications or are manifestly personalised products.

Procedure for returns 

To formalise the return, the Participant must use the email address indicated in these Terms and follow the stated procedure, informing us of his/her right of withdrawal in an unambiguous statement. For more information, you can contact us through one of the channels indicated in the header to these Terms of Use.

7.  INTELLECTUAL AND INDUSTRIAL PROPERTY

Content published on the Platform

When participants register for an event and images are captured during them and later published, the result of these captures may involve the image of the participants. RPM-MKTG is permitted to house, upload and publish this content through the Website owned by it and its sub-domains. There may be commercial purposes involved, as indicated in the Regulations.

RPM-MKTG may delete and eliminate content at any time, without prejudice to the participants being able to continue to see what has been published in the event of it being shared on other websites.

RPM-MKTG guarantees that it is the titleholder of or, as the case may be, holds the corresponding intellectual and industrial property rights for the management of the Platform, without access to, browsing on the Website or registration for an event representing any kind of waiver or total or partial transmission of assignment of the property rights of RPM-MKTG in favour of the participants.

All the content is duly protected by intellectual and, as the case may be, industrial property legislation, without prejudice to the fact that any person or entity who/that considers that their/its rights are being jeopardised may undertake legal action considered appropriate.

Notwithstanding this, and with the aim of providing a means for you to access, visualise and use the Website, RPM-MKTG as manager of the service provides it to the participant, as an interested party, and, with the sole aim of allowing the registration of interested persons in the different events, who may access the website from any point on the planet. In any event, any kind of reproduction, imitation, transmission, translation, modification, creation of a derived work and/or public communication is prohibited, regardless of the means used for the purpose. Otherwise, the offending participant will assume any direct or derived liabilities that may arise.

The content housed on the Website may only be downloaded, reproduced or used in another device or place other than the Website following prior written consent by RPM-MKTG.

8. PROHIBITIONS AND RULES OF CONDUCT

8.1 General Prohibitions

Participants are strictly prohibited from communicating, through the contact channels, content that:

May be considered a violation, in any form, of basic right of honour, personal and family privacy or the image of third parties, and in particular of minors.

Includes photographs or contains personal images or data of third parties without the consent of the rights holders.

Violates communications privacy or represents an infringement of intellectual or industrial rights or the legislation governing the protection of personal data.

Contains “spam” and/or links to unrelated websites.

Includes advertising or commercial communications for the broadcast of messages with an advertising purpose or for the collection of data for the same purpose.

Furthermore, and under the sole responsibility of the participant, access to or use of the Website for illegal or unauthorised purposes, with or without an economic aim, is prohibited. This includes, but is not limited to:

Using the Website in a manner that could cause damage, interruptions, inefficiencies or defects in its functioning or in a third party device

Using the Website for the transmission, installation or publication of any virus, malicious code or other harmful programs or files

Using the Website to collect personal data of other users and/or participants;

Using the Website in an illegal manner, in contravention of good faith, personal integrity and public order;

Breaching, or trying to breach, security or authentication measures of the Website or any network connected to it, or the security or protection measures inherent to the content provided on the Website

Carrying out an action that may lead to a disproportionate or unnecessary saturation of the infrastructure of the Website or the service provider’s systems or networks, as well as of the systems and networks connected to the Website.

Non-compliance of any of the above obligations may lead to RPM-MKTG taking necessary measures based on Law and the exercise of its rights or obligations. This may lead to the dismissal of the infringing participant from the website, with no compensation for damages caused.

The Participant or User who breaches these prohibitions shall be liable for any claim that may arise as a result. Even if no claim is made by a third party, RPM-MKTG reserves the right to prevent access to the Website or stop participants who do not comply with these Terms from participating in the spaces provided.

9. NOTIFICATION OF INFRINGEMENT OF RIGHTS

If any of the situations indicated below are detected when browsing the Website, please notify RPM-MKTG at the earliest possible opportunity. Below are some of the situations that RPM-MKTG constantly pursues from the Website:

Unauthorised use of information related to minors

Uses that may eventually violate the rights to honour, privacy and self-image of individuals, whether they be users of the Platform or not

The unauthorised use of personal data or those of third parties that infringe legislation on data protection

The publication of information related to counterfeit brands or illegal imitations of brands.

In any of these or similar cases, the protocol to be followed by users to respond at the earliest possible opportunity and in the most effective manner will be the following:

Identify the content in question that allegedly infringes legislation or a law or right

Clearly identify the means of contact selected so that RPM-MKTG can contact the complainant.

Duly accredit your identity via a valid legal document (National Identity Card or Passport).

All such requests should be sent directly to the following email address: info@zurichmaratonsansebastian.com.

10. RIGHT OF WITHDRAWAL

In accordance with the terms of Spanish Royal Decree 1/2007, on the Revised Text of the General Law on the Defence of Consumers and Users and other complementary laws, we hereby notify that the participant has 14 days after registration, provided that the delivery period of the material for the event has not begun, to exercise his/her right to cancel in relation to his/her registration.

11. DATA PROTECTION

Information on the treatment of personal data can be found in the following Privacy Policy. 

In addition, you are informed that, by accepting these Terms of Use of the application, you give your consent to your identifying data, the training you have done, and your position in the final race classification being published on the RPM-MKTG website, its mobile phone app, its social media or through partner entities and the Media. 

Please bear in mind that these data will be visible to other participants and users of the Platform.

If you are not in agreement with the above terms regarding the publication of your personal data and others related to your participation, you should not register or accept the Terms and Conditions. 

12. MINORS AND USE OF THE WEBSITE

To be able to access and browse the Website you must be at least fourteen (14) years of age. To register and participate in the events you must be at least eighteen (18) years of age, or, as the case may be, obtain prior written consent from your parents and/or legal guardians to do so.

In any event, RPM-MKTG reserves the right to contact all participants who have registered for an event to check their identity and age. If no reply is received to this request or it is answered with defective or manipulated information, the participant’s registration will be cancelled.

If profiles of participants of under eighteen (18)  years of age are detected during browsing, please notify us immediately so that the abovementioned identification protocol can be initiated, in accordance with that stated in section 9.

13. SECURITY AND IDENTITY THEFT

For the registration of participants, it is prohibited to provide false data or data that one is not the owner of. The use of false or third party data without their express consent is considered identity theft, which constitutes an offence and is therefore punishable by law.

Regarding the generation of trust for the RPM-MKTG online community, authentic identification behind each profile is essential. In the event of detecting, or presuming, that the identity of a participant using the Website or a third party external to it has been subject to identity theft, we will proceed to identify the alleged offender and request that you send a copy of your National Identity Card, passport or equivalent official document- The registration for the event will be cancelled if we do not receive the required document or a reply.

As soon as proof is obtained that any situation that involves identify theft of a participant is applicable, this will be made known to the Police.

14. LINKS TO OTHER WEBSITES

The use of links on the Internet is one of the key features of its operation, which is why the inclusion of links to third-party websites is expressly activated, provided that these are legal and licit, do not infringe laws, personal honour, public order or generally accepted social norms and are not associated with an economic activity, either directly or indirectly.

In relation to the links published by RPM-MKTG, the company undertakes that their content will comply with current legislation, as well as these Terms, also undertaking to withdraw them immediately after obtaining effective knowledge that the linked content does not comply with any of the indications made.

Regarding third-party links, RPM-MKTG is not liable for content that may be housed in linked websites, these being solely responsible for their content. In this respect, if you are aware of the illegal nature of activities carried out through third-party websites with a link to the RPM-MKTG Website, you should notify RPM-MKTG immediately so that it can immediately disable access to the link in question.

The establishment of any kind of link from the Website to an external website does not imply that there is any relationship, partnership or dependence between RPM-MKTG and the person/entity responsible for the external website.

15. WARRANTIES AND LIABILITIES

The participant understands that the permanent availability of the Website is not possible- Nevertheless, RPM-MKTG continuously strives to ensure its availability, taking all the necessary measures within the current state of the art to ensure the functioning of the Website and reduce system errors to a minimum, both from the technical point of view and that of published content.

The parties shall be liable for any infringements they may have incurred personally, holding the other party harmless for any error, blame or negligence not attributable to it, and for any damages that may arise from said infringements or errors imputable to the other contracting party.

RPM-MKTG will make every commercial and technical effort within its ability to maintain the availability of its services through the Platform. This constitutes an obligation that will not, however, be applicable due to a lack of availability or performance caused by:

Temporary inactivity of the Website due to updates and/or technical maintenance

Reasons beyond the control of RPM-MKTG: force majeure, problems accessing the Internet, technological problems outside the scope of the diligent and reasonable management by the titleholder of the Platform, actions or omissions of third parties, etc.

In all referred cases that are outside RPM-MKTG’s control and due diligence, the company will not provide any compensation to a participant for loss of earnings or damages

In the event of the closure or suspension of the Website for reasons beyond the control of the parties, the participant will be duly informed of the transfer of the service to a new domain. The only elements that will be modified are the clauses of this contract regarding the domain in which the Platform remains active.

Nevertheless, RPM-MKTG informs that, despite the fact that it continuously employs its best efforts to classify, filter and select the legal and illegal content published on the Website, this cannot be guaranteed on a continuous basis. If you detect any infringement in this regard we request you to notify us at the earliest opportunity, in accordance with the procedure described in section 9.

RPM-MKTG will not be held liable for the accuracy, integrity or updating of the information published on the Website from external sources. Neither will RPM-MKTG assume any liability regarding hypothetical damages that may arise through the use of this information.

If any participant does not comply with one or other of his/her obligations or hampers compliance with them, s/he will be answerable for any damages caused, both for consequent damages and loss of earnings.

16. APPLICABLE JURISDICTION AND LAW

The sections in these Terms should be interpreted independently and autonomously. No other clauses are affected in the event of one or other of them being declared null and void as a result of a court ruling or final arbitration award. The affected clause or clauses will be replaced by another or others that maintain the effects pursed by the Terms of Use.

The non-exercise by RPM-MKTG of any right or provision contained in these Terms will not constitute a waiver of the same, unless it expressly states such a waiver in writing.

Regardless of the geographical location of the participant or his/her nationality, and provided that the legislation envisages the possibility that the parties can submit to a particular jurisdiction, for any litigation or conflict that affects the Website, the current Spanish legislation will be applicable at the time of litigation, the competence for the resolution of any conflict arising from or related to the use of the Platform corresponding to the Law Courts of Madrid (Spain).

To file claims regarding the use of the services of RPM-MKTG, the participant must send a document to the electronic or physical address indicated in the header of this document, with RPM-MKTG undertaking to respond to all notifications it receives in this regard.

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