TERMS AND CONDITIONS Race Organizer Agreement for use of World’s Marathons Marketplace
Please read these Terms and Conditions carefully, as they regulate your agreement with World’s Sports Group AB.
I. The agreement
These terms and conditions apply by and between an organizer of a mass participation event(s), the “Race organizer” and "World's Marathons" registered trademark of Swedish company World's Sports Group AB 559044-2454
Official company name: World's Sports Group AB
European VAT number: SE556265954901
Swedish Org. number: 559044-2454
Postal address: Hagagatan 24, 113 47 Stockholm, Sweden
Visiting address: WeWork, Malmskillnadsgatan 32 5, 111 51 Stockholm, Sweden
The above parties will hereinafter be referred to as “Race organizer” and "World's Marathons".
These terms and conditions regulate “World’s Marathons” assignment to market, sell and administer, purchases of event entries and add-on services on behalf of the “Race organizer”, through the “World’s Marathons” 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 endeavors to maintain a constructive dialogue, be available for each other and raise and implement ideas for how to best achieve the objectives in this agreement.
III. Intellectual property rights
“World’s Marathons” is the sole legal owner to 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.
“World’s Marathons” will continuously develop the code and add new functionality or modify the user interfaces during the cooperation and 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 a criminal offense and will be subject to criminal legislation and sanctions.
IV. Responsibility for content
The “Race organizer” is responsible for validating all information provided to World’s Marathons related to the event; the entries, add-on products, race day services etc., to make sure it is correct and lawful at all times. The “Race organizer” is in addition responsible for making sure the content meets the high standards that customers have regarding accuracy and timing.
The “Race organizer” specifically warrants that any content published or otherwise provided by the “Race organizer” to “World’s Marathons” 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 “World’s Marathons” for marketing purposes of the event.
In case “World’s Marathons” intends to use the “Race organizer’s” content for marketing purposes of the “Race organizer’s” event, “World’s Marathons” may send the material for prior approval to the “Race organizer”, but such approval should not to be unreasonably withheld or delayed.
V. Up-time and availability
“World’s Marathons” is responsible for operation and maintenance of the digital platform and aims to keep it available according to the best practice market level, to ensure that there is no interruption in the sales and promotion of the event.
VI. Customer data
The “Race organizer” owns and is the data controller of the customer data which is provided by the participant (excluding any data connected with the payment). The “Race organizer” has the right to initiate an export of customer data at any time through “World’s Marathons” event management application RACE OFFICE™.
“World’s Marathons” acts as a data processor for the data and will only process data in accordance with the “Race organizer’s” instructions. “World’s Marathons” has implemented the organizational 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).
“World’s Marathons” owns and is the data controller of any and all data associated with the users’ Worldsmarathons.com membership account. The participant can voluntarily create such an account after/during/before registration to an event.
“World’s Marathons” is responsible for the updates of the digital platform.
If there is a wish by “Race organizer” to customize the digital platform, the cost and implementation of such a project will be discussed and agreed separately.
VIII. Customer promise
“World’s Marathons” has set out to not sell entries at a higher price than the prices provided at the “Race organizer’s” website. The “Race organizer” must therefore not change the prices of entries or add-on services before notifying “World's Marathons”, this includes promotion deals.
The “Race organizer” is responsible for making sure the prices on the “World's Marathons” platform, is the same as in other channels, e.g. provided on the “Race organizer” website.
“World’s Marathons” is responsible for collecting the payment from the participant and making transfers to the “Race organizer”.
“World’s Marathons” offers the participant many payment options through the payment provider Stripe. The “Race organizer” will have the option to select which currency the event should be sold in, as long as the currency is supported by Stripe.
The net payment (the full balance minus the commission) will be transferred to the “Race organizer” 10 days after the conclusion of the event, unless another arrangement has been agreed between the parties and/or when the balance has reached 2500 euros. The final payment will be made within ten (10) business days from completion of the event.
The accumulated amount for entries sold needs to be of 50 euros minimum in order to be transferred. If the amount does not reach this limit, the money will be accumulated and added to the next edition's pay out.
a. SLS/TLS - Security and credit card details
Stripe is PCI-certified and is certified to PCI Service Provider Level 1 (One). This is the most stringent level of certification available in the payments industry. All credit card information is handled on an HTTPS page and transferred via Transport Layer Security (TLS); cryptographic protocols that provide communications security over a computer.
b. Cancellations and refunds
“World’s Marathons” offers a 24-hour cancellation policy and has the right to refund an order given that the event will not take place within the next 7 days. Participants must contact “World’s Marathons” customer support within 24 hours, to ask for a refund.
The “Race Organizer” can manage refunds through RACE OFFICE™. If the “Race Organizer” has already received a payment for orders, only a limited number of refunds are allowed covering the paid-out orders. Any refunded orders will be balanced on the coming payment to the “Race Organizer”.
c. Cancellation of the event
IF THE EVENT IS CANCELLED, also in the case of force majeure, “World’s Marathons” has the right to keep the commission earned throughout the sales period.
The participants and any potential refunds will be managed by the “Race Organizer” according to the Terms & Conditions stated by the “Race Organizer”. Excluded from this clause is a participant who has paid with a VISA or MasterCard and who makes a claim towards “World’s Marathons”, as they may have the right to get a full refund.
The “Race organizer” has the sole responsibility and liability for the actual event and delivery of any products and services ordered through the “World’s Marathons” platform, e.g. bus transfer, delivery of start kits, add-on services such as guided tours, refreshments, time keeping etc.
The “Race organizer” is responsible to make sure all customers who have bought an entry can join the race as participants. The order confirmation sent out by “World’s Marathons” should be enough to grant the participant access to the race.
The “Race organizer” is the data owner and is responsible for handling the data captured by “World’s Marathons” in the registration process. Forcing the customer to re-register after completing the registration at “World’s Marathons” is not allowed.
“Race organizer” can export data covering all orders and participants 24/7 by signing in to the back-end system RACE OFFICE™ at the Worldsmarathons.com site.
a. Race specific terms
The “Race organizer” is responsible to make sure all customers follow the rules set out by the “Race organizer”; e.g. regarding age limit, time limit, second-hand sales of entries, refund policies.
If the “Race organizer” has specific user terms which needs to be approved by the participant, these have to be provided to “World’s Marathons” before the agreed sales start date.
For its services, “World’s Marathons” charges a commission of 20% incl. payment fees (approx. 3-4 %). The commission is based on the total order value.
The total commission which will be deducted from the balance before transfer.
If the event is cancelled, the rules under section: “IX. Payments” > “c. Cancellation of an event”, will apply.
XII. Entry to the race
“World’s Marathons” sends out a payment receipt plus a confirmation email for each order. The confirmation email may be sent out via the “Race organizer’s” customer support email (provided by “Race organizer” during set-up) and includes information about the participant(s), event details, entry information, order reference number etc.
The “Race organizer” is responsible for giving “World’s Marathons” contact details to the customer support; email and/or phone number. This information will be included in the confirmation email.
This confirmation email is a valid document to enter the race. The “Race organizer” is obligated to admit any participant with a valid confirmation to enter.
XIII. Communication towards the end-customer
The “Race organizer” is responsible for communicating with the participant to make sure he/she is well aware of the details of the event and any preparations needed. The “Race organizer” can obtain the contact details of the customers through RACE OFFICE™ and will also get a weekly report with the orders including customer contact details.
The “Race organizer” is advised to send the end-customer a message within 7 days from the registration at “World’s Marathons” platform of e.g. “Thanks for signing up”. This is to avoid any confusion and ensure a good customer experience.
If the “Race organizer” presents an official start list on their own website, the “Race organizer” is obligated to include participants who have signed up at “World’s Marathons” platform within 7 days from the registration.
XIV. Customer service
The “Race organizer” is responsible and liable for resolving customer issues related to the event and any add-on services e.g. collection of the race kit, transfer to/from the race, add-on products such as merchandise, change of order information.
“World’s Marathons” is responsible for resolving customer issues related to the digital platform, payments and sales of entries and add-on services, all other claims and/or liability vest with the “Race organizer”, e.g. handling of cancellations (24-hour policy), resolving technical issues in the platform.
XV. Add-on products from “World’s Marathons”
“World’s Marathons” has the right to promote and sell their own add-on products, such as the Event Protect Insurance, in connection with the event.
XVI. Race results & Weblink to Worldsmarathons.com
When the event is completed, the “Race organizer” is encouraged to provide the time results to “World’s Marathons”, to give participants the possibility to add them to their membership account.
The “Race organizer” is recommended to add a link to Worldsmarathons.com on their main website.
XVII. Term and termination of the agreement
This Agreement is running for twelve months where after it is prolonged with twelve months henceforth for an indefinite period.
If not requested by the “Race organizer” (e.g. through email, phone call), “World’s Marathons” will automatically activate the sales to the coming year’s events and the respective obligations under this agreement will remain. Any updates or adjustments on the terms and conditions by “World’s Marathons” will be supplied to “Race organizer”. This Agreement enters into force upon using “World’s Marathons” services and is valid for twelve months. If neither Party announces termination of this Agreement thirty (30) calendar days before its expiration, the Agreement shall be automatically extended for one year. There shall not be any limit to the number of periods for which this Agreement may be extended.
Either party is entitled to terminate the agreement with immediate effect in case the other party:
(a) is in material breach of the agreement and fails to remedy such breach within 30 days from written request thereof; is declared bankrupt, is subject to company reorganization, seeks a composition of creditors, suspends payments or in any other way is deemed to be insolvent
(b) Either party may also terminate the agreement at any time for convenience with three months’ written notice.
XVIII. Limitation of liability
“World’s Marathons” entire liability under the agreement is limited to direct damages and losses up to a maximum amount corresponding to 50% of the commission paid by the “Race organizer” to “World’s Marathons”.
“World’s Marathons” will not be responsible or held liable for any consequential, special, or incidental losses or damages, including loss of data.
XIX. Applicable law
This agreement shall be governed by Swedish substantive law without reference to its choice of laws principles.
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 the Swedish or if agreed the English language.
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 “World’s Marathons” the Race organizer has agreed to the above Terms and Conditions.