Terms and Conditions for the use of the service on https://www.triathlonlive.tv
1. SCOPE; CHANGES IN THE TERMS AND CONDITIONS
- 1.1 These "Terms and Conditions" apply to the use of free and paid services that you (hereinafter the "User") can subscribe to via https://www.triathlonlive.tv (hereinafter the “Website”). These services are provided by International Triathlon Union with headquarters in Lausanne, Switzerland (hereinafter "ITU") and World Triathlon Corporation with headquarters in Tampa, Florida, USA (hereinafter "WTC").
- 1.2 By registering and making use of the services available on the Website, the User agrees to be bound by these Terms and Conditions. ITU/WTC may modify the Terms and Conditions from time to time and if so, ITU/WTC will notify the User in writing (post or email to the addresses registered by the User). The User is obliged to always keep his/her e-mail address up to date (see 2.1).
2. SUBSCRIPTION, VIRTUAL ACCOUNT
- 2.1 To subscribe or use the free or paid (including free trial) services of the Website, the User must fill in the information on the registration page on the Website.
- 2.2 The User is obliged to register the data required correctly, including if changes to the personal data submitted occur during the contractual period. An update can be made by the User in his/her Account profile when he/she is logged on to the Website.
- 2.3 With the subscription, the User can make his/her orders for paid services. The User can dispose of his/her account at any time without restrictions.
- 2.4 ITU/WTC has the discretionary right to reject the registration of a (potential) User and thus the establishment of a virtual account. In particular, the registration and establishment of a virtual account of a minor will only be approved, if an original and written signed consent of his/her legal representative is presented to ITU/WTC. This has to be sent by letter or scanned and sent by email to ITU/WTC (see below on the Section 10.1 the ITU/WTC listed addresses).
- 2.5 ITU/WTC may furthermore at its discretion cancel a purchase or part of a purchase of the services available on the Website, without any liability for damages or costs, if:
- i. the User’s payment information is incorrect or not verifiable,
- ii. the User’s address does not match the one stated in the registration,
- iii. ITU/WTC has reasons to believe that a User’s Subscription has been placed for fraudulent purposes or in connection with a criminal offence or other unlawful activity,
- iv. there was an unintentional error on the Website e.g. a payment error etc. which for example has led to the consequence that ITU/WTC does not hold sufficient data of the User,
- v. ITU/WTC has reason to believe you are under the age of 18 and ITU/WTC has not received consent of the legal representative in accordance with 2.4 above,
- vi. ITU/WTC has reason to believe that the User has distributed or otherwise shared his/her username and password with any third party, or
- vii. the User is otherwise in material breach of these Terms and Conditions.
- 2.6 ITU/WTC shall not be held responsible if certain data or information is not reachable or available during the registration or the ordering of ITU/WTC’s services on the Website. ITU/WTC will endeavour to shape and secure the data and to provide the most accurate data as possible.
- 2.7 By registering, the risks that are connected to the Internet are noted and accepted. These are particularly related to the technical feasibility of the services, the functionality of Internet browsers, transmission speeds, risks of data loss, data protection and computer viruses.
- 2.8 The User shall be responsible for all activity occurring under his/her account, including maintaining the confidentiality of his/her username and password.
- 3.1 Using certain services of the Website, which currently includes live streaming of races, requires a subscription from the individual User, which must be approved by ITU/WTC.
- 3.2 ITU/WTC will send acceptance and approval of the Subscription to the User in the form of a written confirmation of acceptance via e-mail.
4. PRICES AND PAYMENT METHODS; REFUND OF PAID SERVICES; CUSTOMER ACCOUNT
- 4.1 The product prices are displayed on the Website and will be finally confirmed (including VAT) via the email sent in accordance with 3.2 above.
- 4.2 The only accepted currency is currently Euro.
- 4.3 Payment is accepted at least via the following payment methods:
- i Visa,
- ii. Mastercard, and
- iii. American Express
- 4.4 You will be asked to enter your payment details when placing your order. The applicable amount will be immediately reserved on your card, but will not be debited until the delivery of the services has been confirmed.
- 4.5 Please note that we cannot accept any payment methods not specified above. If you try to pay by any other methods, we will not be liable for your loss of payment or any other damages caused by your action.
- 4.6 Regarding the payment, ITU/WTC is working with a service provider, which provides comprehensive e-commerce risk management systems aimed to keep your data and our data processing as secure as possible.
5. SUBSCRIPTION AUTO RENEWAL
- 5.1 You must pay the initial subscription fee prior to using the service. By purchasing a subscription to the Website, you agree that, once your subscription expires, your subscription will automatically renew two (2) weeks prior to the beginning of the next World Triathlon Season season unless you cancel your subscription as further described below.
- 5.2 You authorize ITU/WTC to charge the payment method that our service provider has on file for you to pay for any renewal subscription. You will be billed for the full season subscription plan (or the most similar subscription plan, if your prior plan is no longer available) at the then-current subscription fee plus any applicable taxes.
- 5.3 We will process your payment for any renewal subscription on the first day of the renewal term. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted by law.
6. DELIVERY OF THE VIDEOS
- 6.1 Videos included in the services offered on the Website are streamed as H.264 with a maximum bitrate of 4,5 Mbit/s.
- 6.2 The User’s computer must be connected to the Internet, and the User shall be solely responsible for the cost and maintenance of any such Internet connection. Furthermore, the services will only operate on certain hardware and software platforms as specified at the Help feature of the services. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the services.
- 6.3 ITU/WTC will endeavour to ensure an uninterrupted retrieval of the videos but cannot guarantee that the video will be permanently available. Particularly, cases of (urgent) maintenance or a force majeure event, may lead to an interruption of accessible streams.
- 6.4 At various times, ITU/WTC may choose to make available updates, bug fixes, or other changes or enhancements to the services. Such service updates may be: (a) automatic, such as in connection with general website changes and additional features or updates to data required by the service; (b) at your election, in which instance you will receive information and instructions for how to authorize optional such service updates; and (c) mandatory, in which case you will be required to consent to the available update or install or upgrade a third-party plug-in if you wish to maintain continued access to the services.
- 6.5 ITU/WTC shall not be responsible if certain Users are using browsers and browser settings which do not work. The same applies for the poor image quality in conjunction with the data transmission. The use of proxy servers can also lead to transmission problems. The User can, if any defects have been noticed contact support by reporting the error messages displayed by using the contact details set out herein.
7. RIGHT OF WITHDRAWAL - INSTRUCTIONS ABOUT THE RIGHT OF WITHDRAWAL
- 7.2 The right of withdrawal expires ahead of time if ITU/WTC has initiated the delivery of the service before the end of the period of cancellation. In such cases, ITU/WTC will reimburse you of the purchase price to the extent you have not already used the services.
- 7.3 In case of effective cancellation, the already received benefits will be maintained by ITU/WTC.
8. RESTRICTIONS ON USE OF THE WEBSITE AND IMAGE MATERIALS
- 8.1 ITU/WTC grants you a limited, non-exclusive, non-transferable license to access, use and privately display the services available via the Website solely as provided in these Terms and Conditions.
- 8.2 The User is authorized to use the Website and the services of ITU/WTC, only according to the terms that ITU/WTC authorized.
- 8.3 The registration and/or the delivery of image materials from ITU/WTC in the framework of the delivery of ordered services grants the User no copy rights, trading rights, trademark rights or personality rights. All the contents provided by the service are protected by intellectual property rights, copyrights and other rights.
- 8.4 The User is not authorized by ITU/WTC to copy, reproduce, download, store or forward the available contents, or to distribute, sell or otherwise use it with commercial intentions.
9. DURATION; CANCELLATION
- 9.1 With the completion of the registration, the User receives a virtual triathlonlive.tv account. During the existence of the subscription, the User is entitled to use the services of ITU/WTC.
- 9.3 If the User has purchased an Season Pass such can be cancelled at any time before it is renewed in accordance with the terms set out herein. The pass will remain valid for the remainder of the subscription period (i.e. two (2) weeks before the start of the following year’s ITU World Triathlon Series). If you cancel a subscription product during the Free Trial (if applicable), the cancellation will take immediate effect.
- 9.4 ITU/WTC reserves the right to delete User accounts that are obviously not used anymore.
- 9.5 After the cancellation of the contract, ITU/WTC is entitled to assign the alias of the previous User (User/Username) to any other User.
10. DATA RECORDING AND USE
- 10.1 By registering an account on the website, and registering the payment details, and by accepting these terms and conditions, the User agrees and accepts that ITU/WTC will collect, store and process your personal data.
- 10.2 For fraud detection and control purposes, the User agrees that ITU/WTC has the right to transfer his/her personal data to third parties, including but not limited to so-called address verification system service providers, payment service providers and financial institutions. ITU/WTC has also contracted with the International Triathlon Union regarding certain administration of the Website and the services and the User agrees that ITU/WTC is entitled to transfer his/her personal data to the International Triathlon Union for the purpose of information sharing and other communication related to the Website and the services.
- 10.3 The personal data provided by the User during registration are first and foremost stored and processed in order to provide the User with the services ordered by the User through the website and in order to process payments.
- 10.4 The User agrees to the use of his/her data for website-related emails campaigns and other relevant advertising campaigns related to the website which may include ITU/WTC sharing the data with third parties for such purposes.
- 10.5 The User can contact ITU/WTC if he/she has any questions regarding how ITU/WTC processes personal data related to the User. If any personal data should be incorrect or incomplete, each respective User shall be entitled to have it rectified. Each respective User also have the right to be provided with information from ITU/WTC, inter alia, regarding which personal data ITU/WTC processes/stores related to the User and why. This is provided by ITU/WTC free of charge once each year. The request must be made in writing and personally signed by the User and can be sent to: International Triathlon Union HDQ (ITU), Maison du Sport International, Av. de Rhodanie 54, Lausanne CH -1007, Switzerland.
11. CONTACTS; ADDRESS FOR SERVICE AND LEGAL REPRESENTATIVE
- 11.1 The User can contact ITU/WTC in accordance with the following:
- 11.1.2 By post at the address International Triathlon Union HDQ (ITU), Maison du Sport International, Av. de Rhodanie 54, Lausanne CH -1007, Switzerland.
12. FINAL CLAUSE
- Without limiting your rights as a consumer under the laws in your country, these Terms and Conditions as well as all disputes or claims arising hereof and of using or shopping on the Website shall be governed by the laws of Switzerland.