Last updated: 20/09/2021
TERMS OF SERVICE for Event Organisers using the World’s Marathons Marketplace
Please read these Terms and Conditions carefully, as they regulate your agreement with World’s Sports Group AB.
Company name: World's Sports Group AB
European VAT number: SE556265954901
Swedish organisation number: 559044-2454
Postal address: Hagagatan 24, 113 47 Stockholm, Sweden
I. Terms and conditions
These terms and conditions apply by and between the Organiser of event(s) (“Organiser”) and the Swedish company World's Sports Group AB (“WSG”), which operates the marketplace Worldsmarathons.com and the event management application Race Office™.
The above parties will, for the remainder of this document, be referred to as the “Organiser” and “WSG”.
These terms and conditions regulate WSG’s assignment to market, sell and administer purchases of event entries and add-on services on behalf of the Organiser, through WSG’s digital platform on the Internet. The purpose of the parties’ agreement is to sell event entries and add-on services with the highest possible customer satisfaction.
The parties shall act in good faith, loyally and use their best endeavours to maintain a constructive dialogue, be available for each other and raise and implement ideas as to how to best achieve the objectives in this agreement.
III. Intellectual property rights
WSG is the sole legal owner of and has all the proprietary rights to the digital platform, the digital services given under this agreement and its source code, and the intellectual property and trademarks connected to it.
WSG may at any time develop the code and add new functionality or modify the user interfaces during the cooperation and will remain the sole owner of the digital platform and its code and all intellectual property connected to it. No intellectual property is transferred under this agreement.
Any unauthorized use of the intellectual property rights under this Agreement constitutes copyright infringement and may also constitute a criminal offence and will be subject to claim for damages and compensation and criminal sanctions.
IV. Responsibility for content
The Organiser is authorised to use the Race Office™ application to upload and edit data related to their event, for example, event introduction text, event images and promotional videos. The content will be visible on the event page.
The Organiser is responsible for validating that all information provided to WSG related to the event is correct and lawful. The Organiser is responsible for making sure the content meets the high standards that customers have regarding accuracy.
WSG has the right to modify provided content, for example, change the wording in an event introduction text, to ensure high and consistent quality throughout the platform.
WSG has the right to use provided content for marketing purposes of the event. WSG may send the material for prior approval to the Organiser, but such approval should not be unreasonably withheld or delayed.
The Organiser specifically warrants that any content published or otherwise provided by the Organiser to WSG under the agreement, including marketing material (photos, videos, graphics, etc.) (i) does not infringe any third party’s intellectual property rights and (ii) may be freely and without cost used by WSG for marketing purposes of the event.
V. Up-time and availability
WSG is responsible for the operation and maintenance of the digital platform and aims to keep it available according to the best practice market level, to ensure there is no interruption to sales and promotion of the event.
VI. Customer data
The Organiser owns and is the data controller of the customer data which is provided by the Participant (excluding any data connected with the payment). The Organiser has the right to initiate an export of customer data at any time through Race Office™.
WSG acts as a data processor for the data and will only process data in accordance with the Organiser’s instructions. WSG has implemented the organisational and technical security measures required to protect the relevant data in accordance with GDPR; the General Data Protection Regulation (EU 2016/679). GDPR is a regulation in EU law on data protection and privacy for all individuals within the European Union and the European Economic Area (EEA).
WSG is responsible for updates of the digital platform.
If there is a wish by the Organiser to customise the digital platform, the cost and implementation of such a project will be discussed and agreed separately.
VIII. Customer promise
WSG has set out to not sell entries at a higher price than the prices provided by the Organiser. The Organiser is responsible for making sure the prices on Worldsmarathons.com are matched with those in other sales channels, e.g. the official website. If price adjustments for entries or add-on services are made, the Organiser is encouraged to use the Race Office™ application to modify the prices on Worldsmarathons.com.
If the Organiser has not provided WSG with information about price changes, WSG has the right to refund any monetary difference to Participants.
IX. Payments & Pay-outs
WSG is responsible for collecting payments from participants and making a pay-out to the Organiser.
WSG offers the Participant many payment options through reputable payment service providers. The Organiser has the option to select which currency the event should be sold in from a list of currencies supported by the payment service providers.
The net payment (the full balance minus the commission) will be paid to the Organiser within 10 days of the conclusion of the event (the pay-out).
The Organiser can request a pay-out in one of the following currencies: AUD, CAD, CNY, EUR, HKD, INR, JPY, KRW, MAD, MXN, THB, TRY, USD, ZAR.
The accumulated sales need to be a minimum of 50 Euros for WSG to issue a pay-out. If the amount does not reach this limit, the balance will be added to the next pay-out.
a. 24-hour Cancellation Policy
WSG offers a 24-hour Cancellation Policy and has the right to refund an order if the event is not scheduled to take place in the next 7 days. Participants must contact WSG customer support or log into their WSG member account within 24 hours to request a refund.
b. Cancellation or postponement of the event
Communication with Participants and any potential refunds will be managed by the Organiser according to the Refund Policy provided by the Organiser (see section “Refund Policy”).
IF THE EVENT IS CANCELLED, including in the case of force majeure, WSG has the right to keep the commission earned throughout the sales period if no other arrangement has been agreed with the Organiser.
IF THE EVENT IS CANCELLED and the Participants are allowed to join future editions of the event, WSG can support the transfer of Participants/orders at no extra cost.
Excluded from this clause is a Participant who has paid with a VISA or MasterCard and who makes a claim towards WSG, as they may have the right to receive a full refund.
a. Refund Policy
Organisers are required to provide a Refund Policy to WSG as part of the onboarding, and/or if there have been changes made to an already provided Refund Policy. The Refund Policy cannot change after the first ticket has been sold unless the change benefits the Participants.
If the Organiser offers refunds in any form, the Refund Policy should contain instructions indicating how a refund can be obtained.
Participants have the right to purchase a third-party Refund Cover or Refund Insurance.
b. Processing of Refunds
WSG will forward any refund requests to the Organiser or ask the Participant to contact the Organiser directly.
In addition, the Organiser can manage refunds through Race Office™. If the Organiser has received payment for orders, only a limited number of refunds are allowed as any refunded orders will be balanced on the next coming pay-out to the Organiser. If the Organiser issues a larger number of refunds, WSG has the right to disable the functionality of making refunds.
In the case of a Refund Policy that offers some form of reimbursement (refund, credits, vouchers, transfer to another edition, change of name, etc.) the Organiser is required to respond to a refund request within 7 days.
If the Organiser does not respond within 7 days from the date when the contact has been initiated, WSG reserves the right to refund the order on behalf of the Organiser.
c. Disputed Payments
In case the Participant decides to open a dispute through their bank or credit card provider, such payment is going to be marked as “under dispute” and deducted from the next pay-out.
WSG will provide the necessary evidence to defend against the dispute and may request additional information from the Organiser.
IF the dispute is lost, any fees charged by the payment service provider and the order value may be discounted from the next pay-out.
The Organiser has sole responsibility and liability for the actual event and delivery of any products and services ordered through the WSG platform, for example, transfer to/from the event, start-kits, refreshments, time-keeping, add-on experiences such as guided tours etc.
The Organiser is responsible for ensuring they have the latest list of Participants prior to the event. The Organiser can export data covering all orders and Participants at any time by signing in to Race Office™.
It is possible to make a technical integration with Race Office™ using a Webhook. This allows for the automatic transfer of order data between WSG and the Organiser’s registration platform.
Forcing the customer to re-register after completing registration via WSG is not allowed.
a. Event-specific terms
The Organiser is responsible for ensuring all customers follow the rules set out by the Organiser, e.g., age limit, time limit, second-hand sales of entries, Refund Policy.
If the Organiser has specific user terms which need to be approved by the Participant, these must be provided to WSG before the agreed sales start date as a Waiver. The Waiver can be uploaded using Race Office™.
For its services, WSG charges a commission of 20% incl. payment fees (approx. 3-4 %). The commission is based on the total order value: event entry plus add-ons.
The total commission will be deducted from the pay-out.
WSG will charge VAT according to applicable legislation.
XIII. Entry to the Event
WSG sends out a payment receipt plus a confirmation email for each order. The confirmation email includes information about the Participant(s), event details and a WSG generated order reference number. In addition, the confirmation includes contact details to the Organiser’s customer support: email and phone number. This information must be provided by the Organiser in Race Office™.
The Organiser is responsible for ensuring that all Participants who have bought an entry through Worldsmarathons.com can join the Event. The Organiser accepts that an order confirmation sent out by WSG is valid proof to grant access to the Event (unless the order has been cancelled or refunded).
XIV. Communication With Participants
The Organiser can obtain contact details of Participants via Race Office™ and will receive a weekly report containing details of new orders.
The Organiser is responsible for all communication with the Participant regarding the Event.
The Organiser is advised to send the end-customer a message within 7 days of registration at Worldsmarathons.com, for example, “Thanks for signing up”. This is to ensure a good customer experience.
If the Organiser presents an official start list on their own website, the Organiser is obligated to include Participants who have signed up at Worldsmarathons.com within 7 days of their registration.
XV. Customer service
The Organiser is responsible and liable for resolving Participant issues related to the event and any add-on services e.g. collection of the start-kit, transfer to/from the Event, add-on products such as merchandise, order information changes.
WSG is responsible for resolving customer issues related to the digital platform, payments, handling of cancellations (24-hour policy) and resolving technical issues related to the platform.
XVI. Reactivation of sales
The Organiser may activate sales of the next edition of an Event via Race Office™ or by contacting Customer Success for assistance.
If not explicitly requested by the Organiser (e.g. through email, phone call), WSG will automatically reactivate sales to the next edition of the Event and the obligations under this Agreement will remain.
XVII. Limitation of liability
WSG's entire liability under the Agreement is limited to direct damages and losses up to a maximum amount corresponding to 50% of the last 12 months’ commission.
WSG will not be responsible or held liable for any consequential, special or incidental losses or damages, including loss of data.
XVIII. Applicable law
This agreement shall be governed by Swedish substantive law without reference to its choice of laws principles.
a. Dispute resolution
All disputes arising in connection with this Agreement shall be finally settled under the arbitration rules of the Stockholm Chamber of Commerce. All communications and proceedings shall be held in Swedish, or if agreed, in English.
The place of arbitration shall be Stockholm, Sweden, where the award shall be made. In the first instance, we request that you contact us if you have a complaint against us and we will try to resolve it. Nothing limits your right to bring a complaint against us by applying to a court in Sweden.
By using the services of WSG, the Organiser has agreed to the above Terms and Conditions.