Last updated: February 9, 2024
These terms of use (the "Terms of Use") together with the Privacy Policy and the Legal Notice form a contract and govern the relationship between Finishers, a simplified joint-stock company (société par actions simplifiée) with a share capital of EUR 32,624.90, having its registered office at 39 rue Lieutenant Colonel Prévost - 69006 Lyon, registered with the Trade and Companies Register (Registre du commerce et des sociétés) of Lyon under number 891 456 758 ("Finishers") and Users using the booking service accessible via the Website.
These Terms of Use also apply to Partner Organizers accepting bookings via the Website in addition to the general terms and conditions of sale that said Partner Organizers accepted upon registration. Such Partner Organizers are advised to review these Terms of Use as they are bound by these provisions from the moment they access the Website.
These Terms of Use together with the Privacy Policy and the Legal Notice form a contract and govern the relationship between Finishers and the Users of the Website. The description of the Products and Services as well as the ordering and payment terms are described in the general terms and conditions of sale (the "Terms and Conditions").
Terms beginning with a capital letter and not defined in these Terms of Use shall have the meaning given to them in the Terms and Conditions or the Privacy Policy.
Definitions
Acceptance of the Terms of Use
Finishers offers the User an online search and booking service for Events subject to the User's unconditional acceptance of these Terms of Use. The Users declare and acknowledge that they have reviewed all provisions contained within these Terms of Use. Furthermore, the use of any service offered on the Website implies the User’s unconditional acceptance of these Terms of Use. By accessing the Website or using it in any way whatsoever, the Users agree to be bound by these Terms of Use. If they do not accept all or part of the Terms of Use, Users are invited to refrain from browsing the Website or using the services.
The Website lists domestic and international Events organized by Partner Organizers and Third-Party Organizers.
The Website enables the User to search for and find Events based on several criteria (such as location, date, type of race, race themes, etc.) and to access information about said Events.
The services provided on the Website are generally free of charge.
However, charges may be incurred, depending in particular on the development of the services offered, changes to the network, technology and/or legal constraints. In such instances, the User will be duly notified of any modification of these Terms of Use and/or of any special terms that may be added on the Website in relation with paid services.
The Website enables Users to book and register for Events via the registration service it provides. On that occasion, Finishers may collect User information required by the Partner Organizer or by Finishers for Event management purposes. This information encompasses the User’s name, address, contact details, date of birth, gender and a fitness certificate. Such data is processed in accordance with the Privacy Policy.
In some instances, Users may be authorized to register for Events by third parties who have expressly granted them authorization to do so.
Partner Organizers are entitled to prime visibility on the Website as they have subscribed to Finishers' service for partial management of Event bookings. Some ticketing or payment service providers may be involved. Users acknowledge that Finishers acts as an intermediary between the User and the Partner Organizer or a designated payment service provider acting on behalf of the Partner Organizer, during the booking process.
By booking an Event through a Partner Organizer, Users acknowledge and accept the terms and conditions and privacy policy of said Partner Organizer. In the event of a dispute with a Partner Organizer within the European Union, alternative dispute resolution methods are available online at http://ec.europa.eu/consumers/odr/.
Finishers is not a travel agency and does not provide, own or organize transportation, accommodation or catering services, excursions, activities or experiences. Finishers is not an Events organizer and does not offer ticketing services to Third-Party Organizers. Although Finishers may display information regarding Events organized by Third-Party Organizers and facilitates bookings with certain providers on or through their websites, such actions should not be construed in any way as sponsorship, endorsement, or affiliation between Finishers and such Third-Party Organizers. Finishers neither approves nor recommends the products or services of Third-Party Organizers. Users acknowledge that Finishers bears no responsibility for the accuracy or completeness of the information provided by Third-Party Organizers.
If Users book an Event through a Third-Party Organizer, they agree to review and be bound by the terms and conditions of sale and terms of use of the Third-Party Organizer’s website, its privacy policy and any other rules or terms relating to the Third-Party Organizer’s website. Finishers bears no responsibility for any act, omission, error, representation, warranty, breach or negligence of Third-Party Organizers or for any personal injury, death, property damage or other damage or costs resulting from the User's interactions with a Third-Party Organizer. Users acknowledge that they are responsible for their use of the Website and for any transaction involving the booking of Events with Third-Party Organizers.
Finishers does not manage or enter into booking contracts for Events of Third-Party Organizers listed on its Website. Users are solely responsible for any dispute pertaining to actual or potential transactions between a User and a Third-Party Organizer, including those related to the quality, conditions, safety or legality of an Event, the accuracy of the content displayed on the Event’s website, Third-Party Organizers’ ability to organize the Event and provide booking or other services at the Event, or User’s ability to pay for the Event.
The Website may display links to websites managed by third parties. These hyperlinks are provided for informational purposes only. Finishers does not control these websites and bears no responsibility for their content or privacy practices. The display of such links shall not be construed as approval of the websites’ content, or association with the websites’ managers. Users are advised to conduct any appropriate or necessary checks before using these websites and/or entering into any transaction on one of them. Users acknowledge that Finishers cannot be held liable for hypertext links to third parties’ websites.
In order to access the Website, it is necessary to have Internet access, with any associated costs to be borne by the User. Users must also possess all necessary equipment, in particular a terminal or any other connectivity tool.
The Website is optimized for standard browsers and operating systems. Compatibility of the Website with any alternative configurations cannot be guaranteed.
Finishers commits to making every possible effort to ensure uninterrupted access to and operation of the Website, 24 hours a day, 7 days a week. Nonetheless, Finishers does not warrant that the operation and utilization of the Website will be continuous and free from malfunctions.
Finishers is entitled to suspend, delete, or modify the Website in its entirety or in part, as well as the services rendered therein, without prior notice. Finishers is also entitled to suspend access to the Website, either partially or entirely, for maintenance purposes, in the event of emergencies (such as cyber attacks), at its discretion and at any time.
The Website allows Users to create a User Account.
In order to create a User Account, Users must click on the "Create an account" function and then enter a valid e-mail address, a password and any additional information required for the creation of the User Account. Alternatively, Users may opt to create their User Account via the authentication services provided by Facebook or Google, in which case Finishers will retrieve the necessary information from these third-party platforms. Lastly, Users may opt to create their User Account during or subsequent to booking an Event, in which case the information entered during the booking process will be used to create the User Account.
In particular, the User Account allows the User: to save Events to their favorites list; to access the calendar of Events saved in their favorites list; to keep a record of Events in which they have taken part or intend to take part; to be notified of any changes relating to an Event in which the User is registered; to share their upcoming Events via social networks.
Users may adjust their preferences at any time by modifying the settings of their User Account. In any event, the information collected by Finishers for the creation of a User Account is handled in accordance with the Privacy Policy.
Users bear the sole responsibility for maintaining the confidentiality of their User Account, password and any actions undertaken under the guise of the User Account or with their password. If the event of loss or theft of the User's password, the User may replace it by using the "Forgotten password" function.
Should the User suspect unauthorized access to their User Account by a third party or unauthorized usage of the Website through their User Account, immediate notification to Finishers is imperative. Such notification enables Finishers to promptly suspend the User Account, thereby affording the User the opportunity to create a new one.
Users may close their User Account at any time. To do so, the User must submit a request to close their User Account via email to: contact@finishers.com.
Finishers commits to process any such request within a reasonable period of time.
Users commit to use the Website in accordance with these Terms of Use and the applicable law. In particular, Users commit not to carry out the prohibited actions listed below.
a) The User commits not to:
b) Users acknowledge that all laws and regulations in force are applicable on the Internet. Accordingly, Users commit to, when using the Website and with respect to Finishers, other Users, or any other third party:
In the event of non performance or non compliance, in whole or in part, by the User of these Terms of Use, or in the event of the User engaging in one or more of the prohibited actions set out in these Terms of Use, or for any other reasonable cause, Finishers is entitled to modify, suspend, limit or revoke access to all or part of the Website's services, including deactivation of the User Account, without prior notice and without the User being entitled to claim any compensation whatsoever, and without prejudice to any compensation that Finishers may claim in court.
In addition to the suspension, limitation, or revocation of access implemented by Finishers, Finishers is entitled to seek compensation for any incurred losses.
Finishers has instituted a Privacy Policy aimed at safeguarding Users' personal data to the fullest extent possible. Please click here to review our current Privacy Policy, which also applies to the use of the Website.
All intellectual property rights, encompassing both economic and moral aspects (including trademarks, designs, texts, hypertext links, logos, images, videos, sound elements, software, layout, databases, codes, etc.) pertaining to the content and elements of the Website, as well as the infrastructure used to provide this content and information, belong to Finishers, subject to any economic rights held by a third party for which Finishers has obtained the necessary rights transfer or authorizations.
In particular, the Finishers’ brand and, where applicable, the brands and logos of the Partner Organizers or third parties featured on the Website are registered trademarks.
The rights conferred upon the User for Website utilization and the services rendered by Finishers do not imply any transfer or authorization to exploit or utilize any elements of the Website.
Users commit not to submit, copy, resell, republish or, in general, make available in any form whatsoever any content available on the Website to any other natural or legal entity in any country.
Accordingly, absent prior written authorization from Finishers and/or Partner Organizers, the User shall refrain from reproducing, representing, republishing, redistributing, adapting, translating, and/or transforming, in whole or in part, or transferring to another medium, any element comprising or present on the Website.
Users acknowledge that employing automated systems or software for data extraction from the Website for commercial purposes (“screen scraping”) is strictly prohibited.
Users acknowledge and accept that failure to comply with the provisions of this section is punishable under both civil and criminal law.
The use of the Website is subject to limitations of liability on the part of Finishers.
It is the User's responsibility to conduct the necessary or appropriate checks before booking a Partner Organizer’s Event listed on the Website.
Given the interactive nature of the Website, all information contained therein is subject to modification at any time without incurring liability on the part of Finishers.
Given the specificities of the Internet network, Finishers does not warrant access to the Website or the continuity of service, as its obligations in this regard are limited solely to a duty of reasonable effort.
Finishers declines all responsibility in instances of difficulty accessing the Website or for any damages or losses associated with the use or inability to use the Website or its contents, unless mandated otherwise by law.
Finishers does not warrant the exhaustive, complete, verified, or accurate nature of the information presented. The information, descriptive materials, and all content featured on the Website are provided "as is," devoid of any express or implied warranties of any kind. Moreover, the information concerning Events organized by Partner Organizers or third parties, as presented on the Website, is provided for informational purposes only. Finishers bears no responsibility whatsoever in regard with this information and for the form, nature and content of these Events and in particular their compliance with applicable regulations.
In instances where Finishers recommends specific events to the User, it is the sole responsibility of the User to ascertain their willingness and ability to participate in said events, irrespective of whether they have been recommended by Finishers. Finishers bears no liability should the User elect to participate in a recommended event, as the User alone is capable of determining their own abilities.
All Users of the Website acknowledge that they do so under their sole and exclusive responsibility. In particular, they acknowledge that they are solely responsible for sharing any content on the Website, and in particular any sporting event listed on the Website, with third parties via social networks or by e-mail.
Users acknowledge that any breach of these Terms of Use may incur liability on their part, and may result in the suspension or termination of their User Account and immediate denial of access to all or part of the Website.
In particular, Users are responsible for all claims, liabilities, damages, costs and expenses incurred by Finishers as a result of such a breach.
In any event, User expressly acknowledge and agree to use the Website at their own risk and under their sole responsibility.
Finishers informs all Users that they may notify a complaint or objection regarding elements or content of the Website.
Should a User believe that elements or content of the Website are unlawful and/or infringe upon their copyright, they must notify Finishers via registered letter with acknowledgment of receipt or by email to contact@finishers.com, providing all evidence of rights ownership where applicable. Following this procedure and upon verification of the notification's accuracy, Finishers will make reasonable efforts to promptly remove the illegal content.
Should any provision of these Terms of Use be deemed null, illegal, unenforceable or inapplicable in any way whatsoever, the validity, legality, enforceability or application of the other provisions of these Terms of Use shall remain unaffected and unaltered, said other provisions remaining in full force and effect.
Finishers may, if necessary, draft a new clause to re-establish the parties' common intent as expressed in the initial clause, in compliance with the applicable law.
Unless otherwise specified herein, no tolerance, inaction, abstention, or omission, nor any delay on the part of Finishers in exercising any of its rights according to the terms herein, shall affect said right or imply a waiver for future exercise of such right. On the contrary, such right shall remain fully enforceable.
The User is explicitly informed that the current version of the Terms of Use is the one published on the Website upon access, which the User acknowledges and accepts without reservation.
Finishers is entitled to amend these Terms of Use at any time. Thus, the User is advised to regularly review the latest version of the Terms of Use posted on the Website, as they may be modified at any time. Users are deemed to have accepted the latest version of the Terms of Use every time they access the Website.
Any changes to the Terms of Use are binding on the User as soon as they are posted online.
These Terms of Use were originally drafted in French. In the event of inconsistency or misinterpretation, the French version shall prevail over any other version written in another language.
The French courts shall have exclusive jurisdiction over any dispute and/or difficulty in interpreting or executing these Terms of Use.
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