These General Contractual Terms and Conditions/Terms of Use (GTC) shall apply to all contractual relations existing between Datasport AG (hereinafter Datasport) and the athlete, unless expressly regulated otherwise or subject to other general terms and conditions. For the purposes of these GTC, athlete means any user of the myDS platform, any holder of a myDS Account or any person placing an order through the online shop.
Generale
Attività commerciale di Datasport
Datasport's core service consists of performing the timekeeping for mass sporting events and administering athletes' registrations for sporting events. In addition, Datasport offers organisers a variety of services, such as processing registrations (online and offline), administering athletes' data, collection of payments, timekeeping, a results service, starting-number procedures and participant advertising and information.Where athletes register for sporting events through Datasport, Datasport enables a contract to be concluded directly between the organiser and the athlete. In this case, the contract regarding participation in the sporting event shall be concluded exclusively between the athlete and the organiser. The terms and conditions of the organiser shall apply.
In connection with the contract concluded between the organiser and the athlete regarding participation in a sporting event, further contracts may be entered into:
(a) on the one hand, between the athlete and Datasport, for example DS Mobile Tracking (a current overview and description of products and services may be accessed from here; hereinafter Additional Services); and
(b) on the other hand, between the athlete and a third party, for example cancellation insurance, merchandising items (a current overview may be accessed from here; hereinafter Third Party Services). With regard to Third Party Services, the contract shall be concluded exclusively between the athlete and the third party and the relevant terms and conditions of the third party shall apply.
In addition, Datasport operates a platform containing athlete profiles (hereinafter myDS) on which the athletes may administer (myDS Account) and publish (myDS Profile) their data and registrations in connection with sporting events. The myDS platform is accessible through the Datasport website and the Datasport app.
In addition, Datasport facilitates in particular the purchase of vouchers and catering packages (the products currently offered may be found here; hereinafter the Products) through an online shop (also possible without a myDS Account). myDS as well as Additional Services and Products offered by Datasport are referred to hereinafter as Services.
Oggetto delle CGU
The object of these GTC is on the one hand the use of myDS by athletes, and on the other hand the registration process, the purchase of Additional Services and Third Party Services and Products through a myDS Account and the purchase of Products through the online shop (hereinafter, registration process, purchase of Additional Services and Third Party Services and Products through a myDS Account, together with the myDS order process, and along with purchases through the online shop, collectively, the Order Process).Consenso alle CGU
Consent to these GTC is provided by registration on the myDS platform and/or an Order Process. Upon using individual Services or Products of Datasport, the athlete may be requested by Datasport to repeat his/her consent to the GTC by clicking on a corresponding check box.Protezione dei dati
The use of personal data is regulated by the then-current Privacy Statement. The athlete undertakes only to provide Datasport with personal data of third parties if the persons concerned are familiar with the then-current Privacy Statement and provided that the athlete is entitled to do so under applicable data protection law. Datasport may request athletes at any time to furnish proof of these prerequisites being met – including, in particular consent by the third party – within a reasonable period of time, failing which it may withdraw from all contracts and block access to the myDS Account without any further preconditions.Modifiche
Datasport reserves the right to alter these GTC at any time without stating reasons, although it will provide at least 30 days' advance notice of such changes in an appropriate manner (e.g., by email). Unless they are objected to within this notice period and in any event by further use of the myDS Account by the athlete following expiration of the notice period, the amendments shall be deemed accepted. All other amendments and supplements to contractually agreed terms and conditions shall only be valid if confirmed by Datasport by email.Atleti minorenni
Datasport proceeds on the assumption that underage athletes are acting with the consent of their legal representatives. Datasport may request underage athletes at any time to furnish proof of this consent within a reasonable period of time, failing which it may withdraw from all contracts and block access to the myDS Account without any further preconditions.MyDS
Registrazione a un account myDS
The creation of a user account (hereinafter myDS Account) is necessary in order to register for sporting events, purchase certain Services and publish an athlete profile on the myDS platform. The account credentials are comprised of an email address and a password (hereinafter Access Data). When creating a myDS Account it is necessary to provide the information requested in the registration form. The athlete is obligated to provide all information requested during the registration process accurately and in full.Dati di accesso
The Access Data for the myDS Account provided to the athlete are intended for personal use by the athlete and shall be treated as confidential. All actions carried out using specific Access Data shall be imputed to the corresponding athlete as the owner of the myDS Account.Profilo myDS e myDS Pro
The myDS Account registers the athlete's participation in and results at various sporting events and enables him/her to gain online access to registrations and to manage his/her master data. In addition, the athlete may also record further information and upload pictures, place orders (Content) and make his/her myDS Account or certain Content publicly available (myDS Profile).For certain functions of the myDS Profile, the purchase of a fee-based Additional Service (myDS Pro) is necessary.
The athlete may select this Additional Service in his/her myDS Account. The selection will be displayed along with the price for an annual subscription. In confirming the order, the athlete places a binding offer to subscribe to myDS Pro for a period of one year. The contract regarding the myDS Pro Additional Service becomes valid upon confirmation by Datasport by email.
Procedura d'ordine
Ordini tramite l'account myDS
The athlete must identify himself/herself with a myDS Account in order to register for sporting events and purchase Additional Services and Third Party Services. If the athlete does not yet have a myDS Account, he/she will be invited to register for a corresponding myDS Account the first time he/she attempts to register online (see section 2.1 above). The athlete is obligated to provide all information requested during the registration process accurately and in full.The overview of the available Services provided on the Datasport website solely constitutes an invitation to the athlete to submit an offer. The athlete makes his/her selection through his/her myDS Account. The selection will be displayed in the shopping cart. In confirming the order, the athlete places a binding offer to purchase the corresponding Services. The athlete is obligated to provide all information requested during the Order Process accurately and in full.
If the order is for registration for a sporting event, a contract shall be concluded exclusively between the organiser and the athlete. Datasport shall not be a party to such contract.
As soon as the athlete has registered for a sporting event using the online form, he/she is deemed to have placed a binding offer to participate in the sporting event and to purchase the related Services (including in particular DS Live and DS Mobile Tracking). The athlete is obligated and responsible towards Datasport and the organiser to provide all information requested during the registration process accurately and in full.
All orders placed through an athlete's myDS Account shall be imputed to the corresponding athlete as the owner of the myDS Account.
In registering for or ordering Third Party Services, and at the latest upon participating in the sporting event concerned, the athlete accepts, in addition to these GTC, the general terms and conditions, terms of use or contractual terms and conditions of the organiser, respectively the third party.
Profilo myDS e myDS Pro
The myDS Account registers the athlete's participation in and results at various sporting events and enables him/her to gain online access to registrations and to manage his/her master data. In addition, the athlete may also record further information and upload pictures, place orders (Content) and make his/her myDS Account or certain Content publicly available (myDS Profile).For certain functions of the myDS Profile, the purchase of a fee-based Additional Service (myDS Pro) is necessary.
The athlete may select this Additional Service in his/her myDS Account. The selection will be displayed along with the price for an annual subscription. In confirming the order, the athlete places a binding offer to subscribe to myDS Pro for a period of one year. The contract regarding the myDS Pro Additional Service becomes valid upon confirmation by Datasport by email.