Bedingungen
This version is valid from: April 23, 2020
Preamble
Atleta enables organizers of (sports) events to sell products and services to participants of (sports) events through the services made available by Atleta. Atleta acts purely as a supplier of the e-commerce platform and is not a party to any agreement between the User and the Final User. Atleta only serves as a platform and can therefore never be held liable for any damage that the Users may suffer as a result of the use of the Services.
Article 1. Definitions
Atleta: a trade name of Emolife Connect B.V. and the user of the terms and conditions. Atleta has its office registry in Amsterdam, registrered with the Chamber of Commerce under number 34166146.
User(s): a natural or legal person who purchases Services from Atleta.
Final User: a natural or legal person who purchases products and / or services from a User through an Event.
Service: the activities to be carried out by Atleta, which in any case means the creation of Events by the User.
Event: a digital software system offered through Atleta whereby the User can offer products and / or services that can be purchased from the User by third parties by means of a distance contract.
Account: a unique personal account of a User that the User must have to create an Event.
Website: the Atleta website, which can be reached at www.atleta.cc.
Article 2. General provisions
Users cannot derive ay right from the fact that Atleta applies these conditions at any time or does not demand strict compliance with these conditions.
If any provision of these general terms and conditions is null and void, the other provisions of these general terms and conditions will remain in full force and Atleta and the User will enter into consultation in order to agree on new provisions to replace the nullified or void provisions, taking into account as much as possible the purpose and scope of the null or void provision.
Atleta reserves the right to change its terms and conditions, including for existing agreements. If Atleta changes the conditions, it will inform the User one month in advance. Users are then free to dissolve the agreement from the moment that the new general terms and conditions apply or up to a maximum of seven days after the new terms and conditions apply
Article 3. Registration
You must be at least 18 years old to create an Account.
By creating an Account, the User declares that the Services are only used for commercial purposes. The Services may not be used for personal ends.
The services may only be used by a User who lives in the European Economic Area.
The User must truthfully fill in all (personal) data when registering. The User must immediately notify Atleta of any changes in (personal) data by adjusting these data in the Account.
If a natural person creates an Account on behalf of his/her employer, an e-mail address of the employer must be given when creating an account and the registration is deemed to have taken place in the name of the employer.
During the registration, each User determines his/her own login details with which access to the Account can be obtained. The User is responsible for the confidentiality of these login details. If It appears that third parties gain access to the Account, Atleta is entitled to temporarily block the Account.
The User is liable for the (unlawful) use by third parties of the login details and for all actions or expressions made through the Account.
Atleta is not liable for any damage that the User may suffer as a result of unauthorized access to the Account.
The User indemnifies Atleta against any claims that third parties may assert as a result of damage resulting from illegally obtained access to the Account.
Article 4. Event
It is strictly forbidden for a User to offer products and/or services through an Event that in any way violates the right of third parties, that are contrary to public decency and/or in any way are contrary to any law or regulations.
When offering products and/or services within an Event, the User must observe all laws and regulations that apply to the sale of the products and/or services in question. The User must adequately inform the Final Users of the rights and obligations of the Final Users, in accordance with the applicable regulations within the territory where the User resides.
In addition to the provisions in Article 4.2, the User must use general terms and conditions and a privacy statement and make these transparent for the Final Users in order to enable the Final Users to become aware of their rights and obligations before purchasing a product and/or service of the User.
The User may only offer products and/or services within an Event that the User himself delivers directly to the Final User.
For each service and/or product offered, the User will provide the information requested by Atleta, such as the price, stock, date and time at which a service is offered, any details and other information that can be entered per Event.
Article 5. Agreement with Final Users
The User is entirely responsible for an Event and the products, activities, promotions or other items offered or displayed by the User. Atleta acts exclusively as a technical e-commerce platform that allows Users to conclude agreements with Final Users through an created Event. Atleta will never be a party to any agreement between the User and the Final User.
If an Final User purchases a service or product, the payment by the Final User will be processed by Atleta or an external payment system provider, a so-called Service Payment Provider. The User is responsible for contracting a Service Payment Provider and paying any fees that this Service Payment Provider charges the User. The User must enter the account details obtained from the Service Payment Provider in the Account so that the payments made by an Final User, after deduction of the fee(s) referred to in Article 7 of these general terms and conditions, to the User can be paid out.
The User determines the prices of the products and/or services. The User must indicate the prices including VAT and is responsible for the payment of taxes, etc. If the User wishes to charge service costs to the Final User, the User must create those service costs as a separate product and/or service in the concerning Event.
Article 6. Use by Atleta
The Service is provided ‘’as is’’ by Atleta to the User. Atleta has the right to adjust or remove certain functionalities of the Service. Atleta will inform the User in advance about adjustments within the Service, unless a prior notification cannot reasonably be awaited by Atleta.
The User remains responsible at all times for fulfilling al obligations towards an Final User.
The User is solely responsible for the proper functioning of his/her hardware and software configuration and the necessary telecommunications resources to access the Services and to communicate with Final Users and/or Atleta.
The User grants Atleta an irrevocable power-of-attorney to use the Company name of the User and/or the name of an Event of the User for promotional purposes, such as displaying the name of the User on the Website or displaying the name of the Users’s Event on the Website.
The User must respect all intellectual property right belonging to Atleta and/or third parties.
The User is classified as a ‘’User’’ within the meaning of the privacy legislation and must take appropriate measures to process the personal data obtained in accordance with the applicable laws and regulations.
Personal data processed by Atleta as being a ‘’User’’ will be processed in accordance with Atleta’s privacy statement. If Atleta is regarded as a ‘’processor’’ within the meaning of this legislation, the processing agreement as included in Article 12 and further of these general terms and conditions applies.
The User must refrain from conduct that may delay or limit the functioning of the Website or Atleta’s systems.
If the User acts in contravention of a provision in these general terms and conditions, Atleta has the right to immediately block and delete the User’s Account and associated Events without Atleta being obliged to compensate for any form of damage.
Article 7. Fee
Atleta will charge a fee for every product or service sold through an Event to an Final User.
Atleta will set off the compensation referred to in Article 7.1 against the amount paid by the Final User for the purchase of products and/or services through an Event of the User and deduct this amount from the purchase amount of the relevant services and or/products due tot the User.
Atleta reserves the right to change the fee due at any time, but only after a notification has been sent to the User announcing the change.
In an Final User, for whatever reason, demands repayment of the amount paid by the Final user from the User, the fee will remain due to Atleta. Atleta will therefore never be obliged to repay a compensation to the User, unless Atleta has failed to fulfil its obligations and can therefore be held to repay compensation on the basis of a breach of contract or malpractice.
In the event that Atleta collects an incorrect fee for whatever reason, this will not release the User from the payment obligations set out in this article. Atleta will offset an incorrectly charged fee against the next fee that is due to Atleta.
Atleta will provide the User with a report or invoice to inspect the number of services and/or products sold per Event and the fees withheld by Atleta as referred to in this article.
Article 8. Termination
The Service is purchased for an indefinite period. The User can cancel the Service at any time.
After cancellation, Atleta will remove all Events from the User. The account will remain accessible to allow the User to view historical transactions.
Atleta may unilaterally terminate the Service, without notice of default and without judicial intervention, by written notification with immediate effect of urgent reasons arises, including in any event the cases in which:
the User is granted a (provisional) moratorium;
bankruptcy is applied for or pronounced with regard to the User;
the User acts in violation of public order or morality, or any obligation arising from the agreement with Atleta;
the User infringes the rights of third parties;
the User acts in violation of reasonable guidelines or instructions from Atleta;
the User does not respond to correspondence by e-mail, telephone and/or written or registered mail.
Atleta will never be obliged to pay any compensation due to this termination, as stipulated in Article 8.3.
If the User has already received services for the performance of the agreement at the time of termination, these services and the related payment obligation will not be subject of cancellation. Amount that Atleta has collected before the dissolution in connection with what he has already performed or delivered in execution of the agreement, will remain due in full, with due observance of the provisions in de previous sentence.
Article 9. Liability
Atleta can never be held liable for the inaccessibility to the Website or the Service.
Atleta will not be liable for any damage that a User may suffer as a result of the inaccuracy of information and content provided by Users and/or Final users.
Atleta cannot be held liable for content distributed by a User that violates the rights of third parties.
In the event that Atleta is held liable for a User’s failure to comply with obligations imposed on a User under the law or these conditions, the User will fully indemnify Atleta.
Atleta wil never be liable for any damage that an Final User may suffer as a result of the use of the Service. If an Final User holds Atleta liable, the User with whom the Final User in question has concluded an agreement through the Service will fully indemnify.
In the context of (replacement) maintenance, Atleta is entitled to shut down its systems, in whole or in part, for a limited period of time, without owing any compensation or costs to the User in this regard.
In the unlikely event that Atleta is liable for any damage, that liability is limited to the amount paid out in the relevant case under the insurance contract concluded by Atleta. If no payment is made under the insurance contract referred to in the previous sentence, Atleta’s liability will in that case be limited to an amount of € 2,500 (in words: two and a half thousand euros).
Article 10. Intellectual property
All intellectual or industrial property rights to all services developed or made available by Atleta, including (but not limited to); the Website, logos images, photos, animations, video images and text are exclusively owned by Atleta or its licensors.
The property rights of Atleta described in Article 10.1 may not be used in any way by the User without the explicit permission of Atleta.
If a User infringes any intellectual property right of Atleta, the User owes Atleta a fixed and immediately due and payable fine of at least € 1,000 (in words: one thousand euros). Atleta thereby retains its right to claim full compensation.
Article 11. Applicable law and disputes
All legal relationships between the User and Atleta are exclusively governed by Dutch law.
The User and Atleta will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
Complaints from a User will be handled with the utmost care and confidentiality by Atleta, where Atleta strives to handle a submitted complaint within 14 days of receipt.
Unless rules of mandatory law prescribe otherwise, the court in Amsterdam will have jurisdiction to hear disputes between Atleta and the User.
Article 12. Processor Agreement
In addition to what has been stipulated in the previous articles, Atleta and the User wish to agree on the following conditions as included in Articles 12 to 22 with regard to the processing of personal data.
The User is designated as a ‘’Controller’’ within the meaning of the privacy legislation and Atleta is designated as the ‘’Processor’’ within the meaning of the privacy legislation.
Atleta will comply within its obligations under the Regulation.
User will comply with his obligations as controller in accordance with the Regulation.
The personal data to be processed by Atleta, under the responsibility of the User, will be attached as appendix 1 to this Processor Agreement.
Article 13. Further definitions
Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Processor agreement: the agreement as referred to in Article 28, paragraph 3 of the Regulation.
The Controller: the Controller as referred to in Article 4 paragraph 7 of the Regulation.
Data Subject: a natural person to whom the personal data to be processed relate.
Process/processing: the processing of personal data as referred to in Article 4 paragraph 1 of the Regulation by Atleta.
Sub-processor: a third party engaged by Atleta who will Process personal data on behalf of Atleta.
Data breach: a security incident as referred to in Article 4, paragraph 12 of the Regulation.
Article 14. Purpose of the agreement and general provisions
Parties have entered into an agreement in which Atleta is committed to supplying (online) software systems to the User. This Processor Agreement is entered into to determine the conditions under which the User will have Personal Data Processed in the ICT environment offered by Atleta.
Processing of personal data by Atleta will only take place in the context of the implementation of the agreement referred to in Article 14.1. The User determines which personal data are processed by Atleta and which categories of Data Subjects this Processing relates to. Atleta has no control over the way in which the User processes these personal data.
Atleta processes the personal data exclusively for the User and only processes them on the basis of written instructions from the User.
The personal data to be Processed remains the property of the User and/or the Data Subject at all times.
The User is responsible for the compliance with all relevant laws and regulations regarding the Processing of personal data. The User declares to keep a register as referred to in Article 30 of the Regulation in which the Processing is documented by Atleta. Atleta and the User agree that Atleta will only process the personal data for the purposes as set out in the register maintained by the User.
Changes regarding the purposes of the Processing must be submitted by the User in writing to Atleta.
Article 15. Security
Atleta guarantees that, taking into account the requirements laid down in Article 32 of the Regulation, it will take appropriate technical and organizational measures to achieve an adequate level of security.
The technical and organizational measures taken by Atleta to protect the personal data are included as Appendix 2 to this Processor Agreement.
Any additional technical and organizational measures to protect the personal data that Atleta may take are communicated to the User in writing.
The User declares that the technical and organizational measures taken by Atleta to protect the persona data, given the state of the art, the nature, the scope, the contact and processing purposes and the probability and seriousness of the risks to the right and freedoms of persons are sufficient.
Atleta cannot guarantee that the security measures are adequate at all times and therefore cannot accept liability for any damage resulting from a Data Breach or security incident.
Article 16. Audits
The User has a legal duty to monitor if the Processing is in compliance with all relevant laws and regulations and is responsible for supervising the Processing at Atleta.
The User is at all times entitled to check the Processing of personal data by Atleta. At the first request of the User, Atleta will provide insight into the Processing and the manner in which Atleta subscribes and implements the measures taken as referred to in Articles 15.2 and 15.3.
If the Controller had a third party carry out the check referred to in Article 16.2, this third party must have the User’s written permission.
The time at which the User or the third party engaged by the User can proceed to control the Processing by Atleta will be determined in consultation between Atleta and the User. Atleta will give the User or the third party engaged by the User access to the information to be checked, no later than ten days after the first request by the User.
All information that becomes known to the User or the third party engaged by the User during the inspection will be treated confidentially by all parties.
The costs for the checks referred to in Articles 16.2 and 16.5 shall be born by the User, unless after some inspection it appears that Atleta has not complied with any obligation under this Processor Agreement with the User. In that case, the costs for that inspection, if reasonable, will be born by Atleta.
Article 17. Sub-processors
Atleta is entitled to engage Sub-processors. By signing this Processor Agreement, the User grants permission for Atleta to engage the Sub-processors as referred to in Appendix 3 of this agreement.
The User remains entitled to impose conditions to the Processing by the Sub-processors as referred to in Article 17.1.
Atleta remains the contact point towards the User and is responsible for the Processing by Sub-processors.
Atleta guarantees that an agreement has been concluded or will be concluded between Atleta and the Sub-processors whereby the obligations resting on Atleta arising from this Processor Agreement are also declared applicable to the Sub-processors. Atleta will provide access to these agreements at the User’s first request.
Processing by the Sub-processors referred to in Article 17.1 only takes place within the European Union, unless Atleta has asked the User in writing for permission to have the Processing take place outside the European Union and the User has given permission for this.
Article 18. Duration and the end of the agreement
This agreement is entered into for the same duration as the underlying agreement referred to in Article 14.1. When the underlying agreement ends, this Processor Agreement will also end without required cancellation.
As soon as this Processor Agreement ends, Atleate will cease Processing, even if the underlying agreement as referred to in Article 14.1 has not ye been (legally) terminated.
Amendments to this Processor Agreement can only be made in writing.
When the Processing Agreement between Atleta and the User ends, Atleta will transfer all personal data made available by the User to the User. In addition, Atleta will transfer the personal data in such way that it meets the requirements set out in Article 20 of the Regulation.
In exception to the provisions of Article 18.3, Atleta will destroy the personal data made available at the explicit and written request of the User.
The transfer of deduction of the personal data made available on the basis of Article 18.3 or 18.4 will have taken place by Atleta within fourteen days, unless Atleta has compelling reasons why this period cannot be met and Atleta will inform the User in writing.
The User is entitled to dissolve this Processor Agreement in full or in part immediately if:
Atleta applies for (provisional) suspension of payments;
Atleta applies for bankruptcy or is declared bankrupt;
the Atleta company is dissolved;
Atleta ceases its business.
Article 19. Obligation to report data breaches
If a Data Breach occurs, Atleta and the User are mutually obligated to notify each other in writing within 12 hours of discovery. This notification will be sent directly to the other party by e-mail.
Following a report of a Data Breach, the User is obliged to check whether the Data Breach must be reported to the Dutch Data Protection Authority on the basis of Article 33 paragraph 1 and/or Article 34 of the Regulation.
Article 20. Data Subject Rights
If a Data Subject whishes to exercise any right that he/she has under the Regulation and contacts Atleta in order to exercise this right, Atleta will refer this Data Subject to the User.
If the User approves the exercise of this right as referred to in Article 20.1, Atleta will cooperate with this at the User’s first request. If Atleta incurs costs, these will be charged to the User.
Article 21. Confidentiality
Atleta and their employees or third parties engaged by Atleta are obliged to maintain confidentiality with regard to all personal data that they may become aware of as a result of the Processing.
Should Atleta be obliged to breach the confidentiality obligation referred to in Article 21.1 on the basis of a legal obligation, Atleta will immediately inform the Responsible Party, unless a legal provision prohibits this.
Article 22. Liability
The Processing of personal data is carried out within an automated environment on the systems made available by Atleta, but is entirely the responsibility of the User. The Processing takes place on the basis of the instructions given by the User to Atleta. The User therefore indemnifies Atleta against all claims for compensation that Data Subjects or third parties may assert as a result of a shortcoming attributable to the User in the fulfilment of the contractual and/or legal obligations resting on him.
If Atleta does not fulfil any obligations ensuring from this agreement, the User must declare the notice of default in writing and thereby offer him a reasonable period to still fulfil his obligations.
Should Atleta be held liable for any damage that the User may suffer as e result of a shortcoming attributable to Atleta in the fulfilment of this Processor Agreement, this liability is limited in accordance with the provisions of Article 9 of the General Terms and Conditions.
Appendix 1
The personal data to be processed by Atleta are:
First name and last name;
E-mail address;
Date of birth;
Gender;
Address;
Phone number;
Emergency phone number;
Additional personal data that User asks from Final User.
Appendix 2
The technical and organizational measures taken by Atleta to protect the personal data to be processed in Appendix 1 are:
Firewall;
Two-factor authentication;
Secure network connections (TLS);
Exclusively making use of ISO27001 certified Sub-processors (see Appendix 3).
Appendix 3
The Sub-processors to be engaged by Atleta are:
DigitalOcean, LLC (data center in Amsterdam);
Mailgun Technologies, Inc. (EU servers).
