SUPERHALFS – TERMS & CONDITIONS OF USE
1. INTRODUCTION PROVISIONS
1.1. The company SuperHalfs s.r.o., ID No.: 08641544, with registered office at Františka Křížka 461/11, Holešovice, 170 00 Prague 7, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 322499 (the "Operator") is the organizer of the project SuperHalfs, consisting mainly in keeping record of the participants (runners) of selected half marathons participating in SuperHalfs project and providing other related services (the “Project”). The Operator further is a provider of the online platform "SuperHalfs" (the "Platform") through which some parts of the Project are operated, , and which is available on the website at www.superhalfs.com and other functionalities available in the user interface of the Platform, which are related to its operation, in particular (but not exclusively) ranking lists, various benefits and other integrated tools, statistics, providing links to registration for the respective half marathons and sending various information and news regarding the half marathons, the Platform or the Project (provision of the Platform, access to and participation in the Project and other functionalities of the Platform are hereinafter collectively referred to as the "Services").
1.2. These Terms and Conditions of Use (the "Terms") govern the terms and conditions under which the Operator will allow users (the "Users") to access the Platform and to use the Services. The rules of access and participation of the Users in the Project (especially selection of half marathons, counting of times (results), earning SuperMedal, etc.) are listed on the Platform, in particular in the FAQs document. The rules governing the attendance of the User on each individual half marathon or other related activity, which the User is obliged to comply with, will be available on the websites of the individual half marathon promoters/organizers.
1.3. These Terms regulate contractual relations on the basis of which the Services are provided exclusively to Users who are consumers within the meaning of Sec. 419 of Act No. 89/2012 Coll., Civil Code, as amended (the "CC"), i.e., natural persons acting outside the scope of their business activities or outside the scope of their independent exercise of their profession.
1.4. The Terms are an integral and binding part of all agreements for the provision of the Services (the "Agreement") that the User enters into with the Operator. The User concludes the Agreement, including these Terms and all their components, at the moment when he/she starts using the Services, in particular by visiting the Platform and viewing its content, registering and creating the Profile (as defined below) on the Platform in accordance with Article 3. of these Terms. By using the Services, the User agrees to these Terms and all their components and confirms that he/she has read them and agrees to be bound by them throughout the period of using the Services. This provision does not exclude that the use of certain Services will be conditional upon the User's express acceptance and acceptance of the Terms by active conduct.
1.5. The Agreement is concluded for the period of time during which the User will use the Services. In the event that the User wishes to terminate the Agreement, it is required that the User ceases to use the Services, in particular (but not exclusively) by deleting his/her Profile within the meaning of Article 3.1. of these Terms by contacting the Operator via an e-mail message sent to the e-mail address firstname.lastname@example.org.
1.6. For the avoidance of any doubt, by entering into the Agreement, the User expressly agrees that, due to the nature of the Services and the manner of conclusion of the Agreement, the Operator shall commence provision of the Services to the User prior to the expiry of the withdrawal period. Considering the aforesaid, the User shall not have the right to withdraw from the Agreement pursuant to Article 7.1 of these Terms.
1.7. The User explicitly acknowledges that by using of the Services he/she does not enter into any agreement enabling him/her and/or any other third party to participate in any event especially (but not exclusively) to any selected half marathon. The User further acknowledges that in order to attend any of the abovementioned events he/she must enter into a separate agreement with the particular event organiser and/or provider. The User further acknowledges that in the event that the User reserves a participation in a half marathon or other event through the Platform it creates a contractual relationship between the User and the promoter of the respective half marathon or event to which the Operator is not a contracting party.
1.8. Clicking on certain links on the Platform may cause you to leave the Platform and be redirected to the third-party websites. The User hereby acknowledges the use of third-party websites may be legally governed by its terms and conditions. The User further acknowledges that the Operator is not responsible in any way for the content or faultlessness of third-party websites.
2. PROVIDED SERVICES
2.1. The Services provided to the User by the Operator consist mainly in (i) enabling the User to access and participate in the Project and other related activities under the terms and conditions described on the Platform and in these Terms and (ii) providing other Services such as particularly display of the Platform and its content, displaying the results of runners’ races in various forms, providing benefits, providing links to register for the respective half marathon or participating in a partner charity and sending various information and news regarding the half marathons, the Platform or the Project . The specific content of the Services is determined by the current offer of the Operator.
2.2. All Services are provided to the User by the Operator free of charge and the use of any part of them is not conditional upon the provision of payment or other monetary or non-monetary consideration by the User. In this context, the User undertakes not to misuse his/her usage of the Platform in order to obtain any pecuniary and/or non-pecuniary benefit from third parties, in particular (but not exclusively) not to offer the Profile and/or the access data to it, the User Content pursuant to Article 4.1. of these Terms and/or any other benefit obtained through the Platform to anyone for a consideration.
2.3. The Services are provided to the User on an "as is" basis. The Operator makes no warranties to the User regarding the Services in connection with their use, in particular no warranties regarding the functionality and availability of the Platform. In particular, the Operator does not warrant to the User that:
2.3.1. the Services will be available twenty-four hours a day, seven days a week;
2.3.2. the Services will be fully operational at all times the Services are available;
2.3.3. the Services will be provided without error;
2.3.4. the User Content will always be available, complete, correct, accurate, undamaged or unaltered;
2.3.5. the User Content does not violate any law or violate the rights or legitimate interests of the Users or third parties.
2.4. Neither the Operator nor the Services provided by the Operator are subject to the provisions of the legal regulations concerning agreement on the provision of digital content (Sec. 2389a et seq. of the CC). The Operator does not provide any guarantees in any way by these Terms or under the law in relation to the User Content, which is not originated by the Operator.
3. SERVICES RELATED TO THE PROFILE
3.1. Some Services can only be used through the User´s profile (the "Profile") after its creation by the User in the Platform's user interface. The process of creation of the Profile is further described below in this Section 3.
3.2. In order to create the Profile, the User shall provide his/her email address and undergoes the user profile creation process as described and required in the Platform's user interface.
3.3. By creating the Profile, the User confirms that the information provided during the Profile creation is truthful, correct, complete, and up to date and that he/she is older than 16 years or that he/she has obtained consent from his/her legal guardian to create the Profile. The User explicitly acknowledges that the age limitation for participation at respective half marathon or other related events is set up by the respective promoter and can differ from the limitation stipulated in the previous sentence.
3.4. The Profile, including the access data to it, shall be used only by the relevant User (the runner whose results are recorded on the Profile within the Project) and may not be sold, rented, transferred or otherwise provided to a third party. The User undertakes to take all necessary and appropriate measures to prevent the misuse of his/her Profile; for this purpose, he/she shall in particular choose a sufficiently strong password and keep it secret.
3.5. The User is solely responsible for the use of his/her Profile and the Services related to its creation. In the event of any misuse of the Profile, the User undertakes to compensate for any damage incurred by any third party (including the Operator) in connection therewith.
3.6. The Operator is entitled to disable or delete the User’s Profile without prior notice if the User repeatedly or seriously violates these Terms.
4. OBLIGATIONS OF THE USER
4.1. The uploading, sending, storing, placing or other use of any data files or other information in any data format by the User (the "User Content") in the context of the use of any Services must comply with the law, the rights and legitimate interests of the Operator, the rights of third parties and good morals. These obligations apply not only to the content of such information as such, but also to the title of such information and the act of uploading, sharing or downloading it in the context of using the Services and any components thereof. In particular, the User Content shall not:
4.1.1 infringe copyright, copyright-related rights, trademark rights, trade name, protected designation of origin or industrial rights;
4.1.2 incite hatred against a group of people or to restrict their rights and freedoms, defame a nation, ethnic group, race and/or beliefs;
4.1.3 support or promote a movement demonstrably aimed at the suppression of human rights and freedoms;
4.1.4 incite to commit a felony, a massive failure to perform an important duty imposed by law, or to approve a felony;
4.1.5 depicting animal cruelty;
4.1.6 contain a false statement about another that could significantly jeopardise his/her reputation, good name or reputation, damage his/her professional career, disrupt his/her family relationships or cause him/her other serious harm;
4.1.7 advertise in any way a business in a competitive relationship with the Operator or contain material that may damage the reputation of the Operator;
4.1.8 violate a statutory duty of confidentiality or violate or endanger the trade secrets of a third party;
4.1.9 distribute inappropriate or harmful data files and/or information, including but not limited to unwanted commercial messages, spam, viruses, Trojan horses, rootkits, backdoors, spyware, adware, or any other malware; or
4.1.10 distribute data files and/or information that link directly or indirectly to content that does not comply with the requirements of these Terms, including but not limited to URL links, URIs, trackers, torrents, and other links.
4.2. The Operator is not responsible in any way for the User Content that the User uploads, stores, shares, downloads or otherwise deals with through the Services. The Operator does not check the User Content uploaded by the User in terms of its harmfulness or harmlessness, and therefore the User is solely responsible for it.
4.3. The Operator is entitled to process the uploaded User Content for the purpose of providing the Services to the User who is its originator and to other Users. This processing is automatic and may concern both the content of the specific User Content and its name. The Operator is also entitled (but not obliged) to process the User Content for the purpose of and/or in the context of improving the Services provided and their maintenance. In this context, the Operator may transfer the User Content to other persons who perform activities related to the operation and maintenance of the functioning of the Services for the purpose of providing the Services. When processing the User Content for the above-mentioned purposes, the User Content including its name and all parts thereof, may be modified to the extent necessary, exclusively with the help of automated algorithms.
4.4. In addition to the above-mentioned, the User undertakes not to do anything during and/or in connection with the use of the Services that could jeopardise the functioning of the Platform, any of its parts or the provision of the Services by the Operator. In particular, the User is not entitled to use mechanisms, software or other procedures that could have a negative impact on the stability of the provision of the Services. The User further undertakes not to abuse, block, modify the Platform and/or the Services or perform any other actions that could jeopardise its stability, operation or the data stored within it by the Operator or other Users.
4.5. In the event that the User breaches its obligations under these Terms above, it shall constitute a breach of the Agreement and the Operator shall be entitled, at its own discretion, to limit the scope of the Services provided by it to the breaching User, suspend the provision of the Services and/or in justified cases of material breach of the User’s obligations, terminate the provision of the Services, including by withdrawal from the Agreement.
5. RIGHTS AND OBLIGATIONS OF THE OPERATOR
5.1. The Operator is entitled to disable, delete or otherwise remove any User Content in the event that the User's actions or the User Content itself is in any way in violation of these Terms, legal regulations, or a decision of a public authority. In particular, the Operator may delete, remove, temporarily or permanently make unavailable or otherwise restrict the availability of any User Content.
5.2. The Operator does not supervise the content of information transmitted or stored by it in the form of the User Content. The User is not obliged by law to actively search for facts and circumstances indicating the illegal content of the User Content. Therefore, the Operator does not monitor, examine, open, moderate or analyse the User Content in any way beyond the conditions set forth in the paragraph above.
5.3. The Operator is also entitled to temporarily or permanently limit the scope of provision of the Services to the User or change their content, including the Profile, in any way and for any reason at its discretion in particular in order to carry out maintenance, repairs and improvements to the software of the Platform and/or its user interface or to ensure compliance with applicable laws and binding decisions of courts or administrative authorities. The Operator need not notify the User of any limitation of the scope or content of the Services. The Operator shall not be liable for any damage caused to the User or any third party.
5.4. The Operator is not liable for any damage that may be caused to the User by any third party in connection with the usage of the Platform and/or the use of the user interface of the Platform including the Profile.
5.5. The Operator is not responsible for the fulfilment of the obligations of third parties whose products or services the User has ordered or booked through the Portal; in particular, the Operator is not responsible for the fulfilment of the obligations of the organisers or promoters of half marathons and other events for which the User has registered through the Portal.
6. INTELLECTUAL PROPERTY RIGHTS OF THE OPERATOR
6.1. By using the Services, the User acknowledges that the Platform and all of its components are the intellectual property of the Operator, who exercises all proprietary rights to them. In particular, the Platform and its components, which are works of authorship, are protected by the Operator's copyright.
6.2. Except as expressly provided to the contrary, the Operator does not grant or transfer to the User any proprietary rights to the Platform or its components under any part of these Terms. The User is not entitled to reproduce, modify, make available to the public, otherwise use or exercise any other proprietary rights to the Platform or any part thereof without the Operator's express consent.
7. CONSUMER INFORMATION OBLIGATION
7.1. In accordance with Sec. 1837(1)(l) of the CC, the User is not entitled to withdraw from the Agreement, the subject of which is the provision of Services after the provision of the Services has commenced.
7.2. The rights arising from defective performance provided to the User on the basis of the Agreement by the Operator are governed by generally binding legal regulations (in particular the provisions of Sect. 1914 to 1925 of the CC and Act No. 634/1992 Coll., on Consumer Protection, as amended (the “CPA”)).
7.3. The Operator is responsible for the fact that the Services will be provided to the User in the agreed quantity, quality and performance on the basis of the Agreement. If the quality and performance is not agreed, the Operator shall perform in medium quality and for the purpose specified in the Agreement.
7.4. The Operator notes that part of the consumer's information obligation is fulfilled outside the scope of this Section 7 of the Terms, in particular through the current offer of Services and other provisions of the Terms.
8. ASSIGNMENT OF THE AGREEMENT
8.1. The Operator is entitled to assign the Agreement in whole or in part to a third party. By concluding the Agreement, the User grants the Operator prior consent to its assignment, unless such assignment will lead to a deterioration of the User's position. If the assignment of the Agreement would lead to a deterioration of the User's position, the Operator shall notify the User of such assignment by means of its publication on the user interface of the Platform or by email communication. In such a case, the User is entitled to withdraw from the Agreement within 14 days from the date on which the Operator published the notice of assignment, failing which it shall be deemed to have accepted the assignment of the Agreement.
9. CHANGE OF THE TERMS
9.1. The Operator may unilaterally change the wording of the Terms (and/or any part thereof) to the extent appropriate. The Operator shall inform the User of such change in the user interface of the Platform or in any other appropriate manner that allows the User to become familiar with the change without undue difficulty. Changes to the Terms shall take effect on the date specified by the Operator, provided that in relation to the User, the changes shall only take effect if the User consents to the change to the Terms. Continued use of the Services beyond the date specified by the Operator as the effective date of the changes to the Terms shall be deemed to be consent by the User. If the User does not agree to the changes to the Terms, the User shall refrain from using the Services after the date specified by the Operator as the effective date of the changes to the Terms.
10. ALTERNATIVE DISPUTE RESOLUTION
10.1. Disputes between the Operator and the User as a consumer, which could not be settled by mutual agreement, can be resolved through alternative dispute resolution. A list of entities for alternative dispute resolution of consumer disputes is maintained by the Ministry of Industry and Trade, in particular the Czech Trade Inspection Authority (www.coi.cz) can be contacted in this matter. The rules for alternative dispute resolution of consumer disputes are contained in particular in Sec. 20d et seq. of the CPA.
11.1. These Terms are governed by the laws of the Czech Republic.