GENERAL TERMS OF USE

This text has been in effect from Monday, July 18, 2011 to Thursday, November 18, 2021

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1. Acceptance

1.1 - These General Conditions of Contract (CG) will be applied, in default of other particulars expressly agreed, to the hiring by the organizers of registrations (hereinafter, manager) of sporting events (here in after, EVENT), of the System service of On-Line Event Management (hereinafter, SERVICE) offered through the website www.avaibooksports.com  (here in after, WEBSITE) or any other belonging to AVAIBOOK, developed and marketed by AvaiBook on-line SL, with CIF: B99279622 and registered office at Calle Bari, 31, Technocenter, ofi. 002. 50197 Zaragoza (Spain), registered in the Mercantile Register of Zaragoza, volume 3774, book 0, folio 119, sheet Z50074 (here in after AVAIBOOK).

1.2 - The use of the SERVICE implies the acceptance of all the terms established in these GC. The hiring of the service for individuals is limited to adults, responding to the customer of the accuracy of the data provided.

1.3 - The contractual relationships derived from the registration in Events of the Organizer through the SERVICE, regardless of whether it is provided from the WEBSITE or from the MANAGER's own website, are understood to be productions exclusively between the MANAGER and the Inscribed, so AVAIBOOK You will not have more responsibility for these laws than the general applications of this service (http://www.avaibooksports.com/inscripcion/registration_terms).

1.4 - Any breach of the obligations contained in these GC will entitle AVAIBOOK to withdraw the MANAGER access to the SERVICE, withdrawing access codes, canceling orders, or even eliminating any resource published by the MANAGER on the WEBSITE, at its discretion..

2. Purpose of the contract

2.1 - The SERVICE consists of a series of technological tools through the internet (described in the WEB SITE and available to the MANAGER) that AVAIBOOK offers to the MANAGER so that it can manage in a simple and optimized way various tasks of the EVENTS. Among others and in an explanatory and non-binding way, it includes:

  • A website or micro-site of the EVENT with the information that the MANAGER fills, with structure and management defined and equal for all cases.
  • A configurable registration form, which includes the processing of the payment of the inscriptions, if any, according to the prices defined by the MANAGER (available in the Private Zone of the MANAGER., section "My Rate").
  • The above resources (web and registration form) can be included within the MANAGER.'s own page, or be linked from the AVAIBOOK website (www.avaibooksports.com) and its social networks, if so indicated by the MANAGER.
  • Registered management system, with which to manage all the registrations received, which also allows managing manual registrations.
  • System of inscriptions through physical points of sale and through physical-electronic points of sale (network of physical points of sale with the online registration system with payment in cash).
  • System of allocation and communication of bib numbers.
  • Communication systems by e-mail (with specified limits regarding the number of shipments) and SMS (with payment of separate credits).
  • System of accounting of the inscriptions and collections received.
  • Control statistics.
  • At the request of the MANAGER, AVAIBOOK can help you in different tasks of configuration of the EVENT and also in some specific procedures.
  • Technical support through telephone and email, through routes always visible through the WEBSITE, to resolve the questions posed in the shortest possible time.

2.2 - The contractual links related to the EVENT and to the inscriptions to it exist only between the participant and the MANAGER. Therefore, AVAIBOOK offers exclusively a TECHNICAL SERVICE to the MANAGER, without intervening in any case of mandatory form (AVAIBOOK reserves the possibility of helping the MANAGER in different tasks of configuration of the EVENT and also in some concrete management, always at the request of the MANAGER) in the organization of the EVENT in any of its facets, and therefore declining any responsibility that could be derived beyond the operation of the technological tool. It is the obligation of the MANAGER to inform the participants about their right of objection in relation to the respective laws in force.

2.3 - The MANAGER authorizes AVAIBOOK, during the time in which this contract is valid, to process the registration payments through the different payment gateways that AVAIBOOK has available and have been accepted by the MANAGER.

2.4 - From AVAIBOOK we offer the MANAGER our help and support through telephone and email, through always visible ways through the WEBSITE, and trying to solve the questions raised in the shortest possible time.

3. Obligations of the parties

3.1 - Obligations of AVAIBOOK:

  • AVAIBOOK is obliged to make available to the MANAGER the tools through internet in which the SERVICE consists (point 2.1).
  • In case of service failure, lack of access or incorrect operation, AVAIBOOK undertakes to correct it as quickly and as diligently as possible. And according to point 9 (Continuity of service) of the rules of use of the site (https://www.avaibooksports.com/legal-advice).

3.2 - Obligations of the MANAGER. The MANAGER will act loyally and in good faith, obligating in particular to:

  • Procure AVAIBOOK all the information necessary for the execution of the contract and, in particular, keep your profile of GESTOR updated at all times, rectifying if necessary your personal data, contact, banking or legal information.
  • Immediately withdraw the offer of entries when it foresees that the EVENT will be canceled or suspended and answer for the inscriptions that have already occurred.
  • Authorize AVAIBOOK expressly to use images of the Event (provided it is public) in case AVAIBOOK wants to give visibility or make promotion or reference through social networks or any other advertising and dissemination channel.
  • Inform AVAIBOOK immediately and apply the changes that proceed in the micro-site in case of postponement, change in the conditions or circumstances of registration, place of its celebration and other vicissitudes that may arise in relation to the Event. Regarding the Registered Members, the MANAGER has the obligation to inform them directly about these issues and, where appropriate, directly manage any type of solution.
  • Address requests for cancellation of registrations according to the cancellation conditions set and managed by the MANAGER.
  • Satisfy the remuneration and management expenses agreed upon according to the costs of the SERVICE (available in the Private Zone of the MANAGER, section "My Rate").
  • Authorize AVAIBOOK the processing and management of registration payments through the different payment gateways that AVAIBOOK has available and have been accepted by the MANAGER.
  • In your case, deal with the indemnities legally established in favor of AVAIBOOK, according to applicable regulations.
  • To have all the administrative authorizations required for the Organization of the Event, with the obligation to show them to AVAIBOOK whenever the latter requests it.
  • Use the SERVICE only and exclusively for EVENTS with registrations processed through AVAIBOOK, as well as its system for sending emails to its subscribers.

4. Cost of the service

4.1 - The registration of the MANAGER on the WEBSITE is free and only the use of the REGISTRATION MANAGEMENT SERVICE, as well as any module explaining an explicit cost (such as SMS communication), is for a fee.

4.2 - The MANAGER must establish the price of the different registration modalities. And for each registration to a payment method the SERVICE has a cost (defined in the Private Zone of the MANAGER, section "My Rate") that may include: (i) a fixed cost in euros, (ii) a percentage commission on the price of the registration, and (iii) a cost according to the payment gateway through which the payment of the registration occurs (only in case of on-line registration).

4.3 - The MANAGER must pay the costs for registration even if the EVENT is canceled or suspended.

4.4 - The costs mentioned in point 4.2 (i and ii) must be paid even for registrations managed through the system and without having been paid through the channels offered by AVAIBOOK.

4.5 - Remuneration for additional products or services through AVAIBOOK is governed by the current price list or shown when using the respective services on the WEBSITE. Unless otherwise provided in these general conditions, AVAIBOOK has the right to charge commissions in addition to the V.A.T. in force.

5. Accounting, settlement and billing

5.1 - The GESTOR can choose the mode of payment (credit card, bank transfer, or through one of the points of sale of our network) that is offered to participants to make the payment of their registration through the SERVICE. Depending on the choice of the MANAGER, the cost of the service may vary with respect to point 4.2 (iii). The MANAGER authorizes AVAIBOOK to manage the accounting and payment in a separate bank account.

5.2 - AVAIBOOK will transfer to the MANAGER the amount of the payment of the registrations received through the forms of payment that AVAIBOOK manages (5.1), after deducting the commissions corresponding to the costs of the SERVICE (4).

5.3 - The process of settlement, billing and payment will occur the day after the date of the start of the Event. In this process the resulting amount (5.2) is calculated and this amount is transferred to the MANAGER 's account if it is favorable to it, or a receipt is issued to that account in case the resulting amount is in favor of AVAIBOOK. At this moment, AVAIBOOK will issue an invoice for the costs of the SERVICE (4) to the MANAGER and will make it available to you in its web page. AVAIBOOK reserves the right to refund money in advance to the MANAGER according to specific conditions. In any case, AVAIBOOK can execute the settlement process when it deems it appropriate if it detects that there are commissions to be settled or if so agreed with the MANAGER.

5.4 - The MANAGER is aware and accepts that with some means of payment (for example PayPal) there is a greater risk of cancellation by the participants, assuming full responsibility for their choice. If any transaction has to be returned to the participant or the participant himself repudiates it for any reason that affects the costs of AVAIBOOK, the MANAGER must bear the costs of such return or repudiation, in addition to any other cost that may be incurred for AVAIBOOK.

5.5 - The MANAGER must send to AVAIBOOK in writing any claim about the settlement during the two (2) weeks following the issuance of the invoice. Otherwise, it will be considered approved.

6. Responsibilities of the MANAGER

6.1 – Legitimacy: the MANAGER guarantees to AVAIBOOK that (i) there is no agreement between the MANAGER and the venue, the owner of the Event or any third party that prevents the MANAGER from contracting the SERVICE subject to these GC, (ii) that The MANAGER is the legitimate organizer and therefore is authorized to market the Event through the SERVICE. The MANAGER undertakes to demonstrate the veracity of these guarantees, at the request of AVAIBOOK and will indemnify him for all the damages and losses caused, in the event that the latter has to face claims from third parties arising from the infringement of said rights. At the request of AVAIBOOK, the MANAGER will be obliged to demonstrate the veracity of the facts referred to in this section.

6.2 – Truthfulness: the MANAGER guarantees to AVAIBOOK the veracity and accuracy of all the data provided to AVAIBOOK regarding its legal capacity, the representation in which it acts and the Event itself. AVAIBOOK reserves the right to demand the justification of any data provided by the MANAGER.

6.3 – Confidentiality: the MANAGER will safeguard, with due diligence, their access codes to the SERVICE and will not allow third parties access to it from their account. In case of detecting the use of your account by other people or the loss, theft or disclosure of your password, the MANAGER will inform AVAIBOOK without delay. In no case will AVAIBOOK be responsible for the loss of data or breach of the confidentiality of the same, or the consequences arising from a usurpation of the personality of the MANAGER, when there is negligence in the custody of the keys or it does not make the communication before mentioned to AVAIBOOK.

6.4 – Communication: the MANAGER is responsible for notifying AVAIBOOK immediately about any lack of availability or malfunction in the web pages of AVAIBOOK or in any functionality of the SERVICE.

6.5 – Correct use of the SERVICE: the MANAGER undertakes not to supplant the identity of a third party in its access to the Service, not to attempt to access sections for which it is not authorized and not to make an unlawful use of any possible security breach in the tool, provoke it or try to provoke it. The MANAGER will not copy, modify or alter the code, contents or design of the Website or interfere with its proper functioning. It is expressly forbidden to carry out “framings”.

6.6 – Content: the MANAGER undertakes to keep their data constantly updated and not to spread content contrary to the law, morals, public order and these General Conditions of Use and, where applicable, to the Particular Conditions through the Service. applicable. By way of example, and in no case limiting or excluding, the MANAGER agrees to:

a.   Do not introduce or disseminate data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, the Service or other users of the network.
b.   Not to disseminate, transmit or make available to third parties resources that constitute illicit or unfair advertising or that involve unfair competition.
c.   Not transmit unsolicited or authorized advertising, advertising material, "junk mail", "chain letters", "pyramidal structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively conceived for it.
d.   Do not introduce or disseminate false, ambiguous or inaccurate information and contents that mislead third parties and not to disseminate, transmit or make available to third parties resources that violate the intellectual and industrial property rights of third parties.
e.   Not to disseminate, transmit or make available to third parties resources that violate the intellectual and industrial property rights of third parties.
f.   Not to disseminate, transmit or make available to third parties any type of resource that involves a violation of the secrecy of communications and the rules of protection of personal data.

6.7 –Cancellation of Events: in case an Event is canceled or modified and the Inscribed party demands the refund of the amount, the MANAGER assumes the obligation to make the reimbursement from his own account and on his behalf, exempting AVAIBOOK from all responsibility about. The MANAGER is responsible for all direct or indirect interaction offered or maintained by the Inscribed Party and for any breach of these Terms and Conditions of the applicable privacy policy. The MANAGER responds to all the effects of the veracity and accuracy of the data published in the micro-site or any place where the information of the SERVICE and of the Event are published and of those that you provide to AVAIBOOK and, in particular, by the the data referring to the celebration of the Events in a timely manner.

7. Responsible for the processing of personal data

7.1 - By using our tool, as your technology providers we have the status of managers of the processing of personal data. You can consult the obligations and rights that correspond to you in the Agreement of Data Processing Manager.

8. Security and fraud prevention

8.1 - Any indication of fraud, falsification of data, false operations or impersonation will be immediately notified to the State Security Forces and Corps. The MANAGER expressly consents to the communication of all personal and contact information (including name, surname, ID number, postal address, email address and IP address) to the authorities so that the conduct is prosecuted and punished in the shortest possible time. possible, authorizing AVAIBOOK to withhold the pending payments during the 60 days following the scheduled end of the Event, in case there is a clear indication of the commission of unlawful acts or illegal or fraudulent conduct and in such case AVAIBOOK reserves the right to return the amounts to the participants if this means lessening the damage caused by an illicit or fraudulent EVENT.

8.2 - The following will be considered indications of fraud or illegal behavior, among others:

  • Cancellation of Events without justified reasons.
  • False contact data, location or any other.
  • Promotion of Events contrary to law, morality or public order.
  • Prohibited resale of numbers or inscriptions.

8.3 - AVAIBOOK maintains in the Service all the technical means at its disposal to avoid the loss, misuse, alteration, unauthorized access or theft of personal data or information provided by the MANAGER, without prejudice to the security measures on the Internet are not impregnable, circumstance accepted by the MANAGER.

8.4 - AVAIBOOK protect the security of the personal information of the MANAGER during data transmissions using the SSL (Secure Sockets Layer) software, which encrypts the information entered by the MANAGER.

9. Duration of the contract

9.1 – The contract will come into force at the time of acceptance by the MANAGER and unless the Special Conditions provide for another duration, it will be indefinite, and may be resolved by any of the Parties at any time by written notice.

9.2 - The MANAGER must keep a copy of this document, and can download or print it in the act of contracting. AVAIBOOK will try to keep a copy of each of the versions of this contract, electronically accepted and associated with its corresponding publication date; these copies are available to the MANAGER who requests them.

10. Limitation of liability of AVAIBOOK

10.1 - Incorrect use of the WEBSITE: AVAIBOOK will not be responsible for the incorrect, illicit or negligent use of the Service made by the MANAGER.

10.2 - Continuity of the Service: AVAIBOOK does not guarantee the availability, access and continuity of the operation of the Service through the website where it is hosted, for which reason it will not be responsible, with the limits established in the current Legal System, for the damages and losses caused to the MANAGER as a consequence of unavailability, access failures and lack of continuity.

10.3 - Content: AVAIBOOK does not guarantee the veracity or accuracy of the data and contents published by the MANAGER through the Service, its origin or ownership, or the use or practical application made of it by the participants, AVAIBOOK declines any responsibility to respect.

10.4 - Links: the Service may contain links to other websites, AVAIBOOK not being held responsible for its contents or the consequences derived from the use thereof by the MANAGER.

10.5 - Virus: AVAIBOOK undertakes to apply all necessary measures to try to guarantee the MANAGER the absence of viruses, worms, Trojans and similar elements in the Service. However, these measures are not infallible and therefore, AVAIBOOK does not guarantee the absence of such harmful elements, declining any responsibility for the damages that they may cause to the MANAGER or to third parties.

10.6 - Contracting with third parties through the SERVICE: the MANAGER acknowledges and accepts that any contractual relationship that can be formalized with participants, Registered and other third parties through the SERVICE is carried out under its entire responsibility and therefore, AVAIBOOK does not assume responsibility of any kind for the damages or prejudices of any nature derived from it.

10.7 - Modification and suspension of the SERVICE: AVAIBOOK reserves the right to modify at any time the aspect, content or functionality of the SERVICE, to suspend it temporarily or definitively and to modify at any time and without prior notice these CG, for reasons of adaptation to the current legislation or other reasons, not being responsible for technical failures or interruptions of the services offered. The MANAGER can be accessed at any time to the current version of these CG from the section “Legal Notice” of the website www.avaibooksports.com. Since the use of the Service by the MANAGER will be understood as acceptance of the CG in force at that time, the MANAGER is recommended to periodically review said notice.

11. Intellectual and industrial property rights

11.1 - Both the software and the design of the Service and its source codes, the logos, trademarks and other distinctive signs that appear in it, belong to AVAIBOOK or its suppliers and are protected by the corresponding intellectual and industrial property rights. Its use, reproduction, distribution, public communication, assignment, transformation, reverse engineering or any other similar activity is totally forbidden unless expressly authorized in writing by AVAIBOOK or its owner.

11.2 - The contents of the Service introduced by AVAIBOOK in any format are also protected by intellectual property rights of this or its suppliers. Its use or reproduction will be allowed only within the scope of an express contractual relationship.

12. Intellectual and industrial property rights

12.1 - Personal information of the MANAGER:

  1. In relation to the personal data of the GESTOR collected through the forms present on the WEBSITE, AVAIBOOK undertakes to treat them in accordance with its data protection policy contained in section 11 of the Legal Notice (https://www.avaibooksports.com/legal-advice) of this website.
  2. The MANAGER expressly authorizes AVAIBOOK to include its name among the list of customers to whom it has provided its Services, either on its website or by any other means of promotion, at the discretion of AVAIBOOK.

12.2 - Personal data of the participants:

  1. The MANAGER warrants to AVAIBOOK that as the “Responsible for Processing”, it has obtained the express consent of users and complied with the rest of the regulations regarding the protection of personal data, with respect to files with personal data of participants and Registered, shared or hosted by the SERVICE and in this regard, indemnify AVAIBOOK in the event that it had to face any claim by users or authorities in the field of protection of personal data for breach of the aforementioned regulations, in relation to the files and files collected, shared or hosted through the SERVICE.
  2. In accordance with what is stated in article 12 of Organic Law 15/1999, of December 13, on the Protection of Personal Data, AVAIBOOK will be considered as "Responsible for Processing" and, therefore, will not be considered communication nor cession of data to access by AVAIBOOK to the personal data of the participants and Enrolled in the Event, for the sole purposes of the provision of services covered by this contract and during the term thereof.
  3. AVAIBOOK will treat the personal data of the participants and Enrolled according to the instructions of the MANAGER and will not apply them or use them for purposes other than those contemplated in these GC, nor will they communicate them to third parties, not even for their conservation
  4. AVAIBOOK undertakes to adopt and implement, with respect to the files containing these data, the technical and organizational measures referred to in article 9 of Organic Law 15/1999, of December 13, on the Protection of Data of a Character personal and in particular in accordance with the security measures required by Royal Decree 1720/2007, of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on data protection of a personal nature.
  5. Once the SERVICE is finished, the personal data of the registered participants may be destroyed by AVAIBOOK at the request of the Treatment Manager (GESTOR), as well as any support or document that contains any personal data object of the treatment.
  6. 1. The MANAGER expressly authorizes AVAIBOOK to communicate to its hosting service providers or any other, the data included in the files referred to in the preceding paragraphs and that are necessary for the provision of the SERVICES. AVAIBOOK will inform the MANAGER of the data of the companies with which it subcontracts the necessary services to comply with the provisions of these GC.
  7. In order to improve its attention to the MANAGER, AVAIBOOK can record the telephone conversations with it and store them in the file mentioned in section 11.1, to which the MANAGER gives his express consent.

13. Applicable law and jurisdiction

13.1 – These GC are governed by Spanish Law.

13.2 - In case of doubt, dispute or conflict over the interpretation or application of any of these GC, as well as on any matter related to the SERVICES, AVAIBOOK and the MANAGER, waiving any other applicable jurisdiction, they agree to submit expressly to the Courts and Courts of Zaragoza capital.

13.3 - Any condition or part of it declared illegal will be deemed not to have been made, without affecting the rest of these GC.