TERMS OF SERVICE
The website betrail.run is operated and managed by Betrail SPRL. represented by Mathieu Van Vyve and Matthieu Peltier. These terms of service governs the access to and use of Betrail's website, products and services. By accessing or using our products or services the user agrees to be bound by these terms.
1. Access and use of the service
Betrail.run provides its services mainly through its website located at https://www.betrail.run
Betrail.run is designed to collect results of trail-running competitions and similar events, and for trail-runners to share their passion by lots of different ways.
Access to the Betrail website (hereinafter « Betrail ») is only permitted subject to acceptance of these general terms and conditions which Betrail shall, however, be free to modify at any time. Unless we make a change for legal or administrative reasons, or to correct an inaccurate statement, a notification may be sent to the user by e-mail.
Additional rules and lines of conduct shall be deemed to form an integral part of these general terms and conditions. The user is therefore advised regularly to refer to the latest version of these terms and conditions, which are available at all times on http://www.betrail.run/terms-of-service.
2. Your registration obligation
The user is responsible for maintaining the confidentiality of his password and account. He is therefore fully responsible for any and all activities that occur under his password or account. He agrees to immediately notify to us of any unauthorized use of his password or account or any other breach of security, and ensure that he logs out from his account at the end of each session when accessing the Service. Betrail will not be liable for any loss or damage arising from the failure to comply with this obligations.
The user will not create more than one personal account. If we disable his account, the user will not create another one without our permission.
3. Website content
Betrail tends to accomplish his goals and the desired result on best effort basis (“obligation of means”).
The elements, services and functions placed directly by Betrail at the user's disposal comply substantially with the generally accepted standards if they are used in accordance with the instructions provided.
The user accepts that the functionalities offered on betrail.run are subject to change, which means that some functionalities may be removed and others added, without the user being able to regard access to a particular functionality or group of functionalities as an acquired right.
4. Recognition of events as trail running races
The recognition of a timed running event with a ranking as a “trail running race” is the sole responsibility of Betrail. Generally, Betrail recognizes a running event as a trail race on the following conditions:
- Ther race is completed by participants in relative autonomy. For example, a running event with aid stations every 3 kilometers is not a trail-running race.
- The course should be designed by the organizers to visit beautiful spots of the region where the race is organized.
- Natural obstacles (slopes, rivers) are not systematically avoided, on the contrary.
- The proportion of the distance covered on roads and paved surfaces is minimized, and single-tracks are preferred.
5. Accuracy of information
Betrail uses publicly available information and information provided to Betrail by registered betrail.run users. In general, betrail.run aims at publishing the official results of the race, as provided by the race organizer. However, Betrail reserves the right to publish different results, in case it is justified to better conform to reality.
Betrail users will only provide accurate information about themselves and others to betrail.run.
Betrail cannot be held responsible of the accuracy of the information published on betrail.run. Betrail only guarantees to consider within a reasonable time complaints filed by betrail users through betrail.run. Betrail will answer positively and make the correction, or negatively.
6. Betrail performance measure and Betrail algorithm
Betrail uses a mathematical algorithm to measure the performance of a race result, as expressed by the betrail score, expressed in %.. This algorithm is described in general terms in the FAQ section of betrail.run, but its precise description is kept secret. Betrail reserves to right to modify this algorithm at any time, without notifying betrail.run users.
7. Personal Page and race results
Betrail tries to automatically attribute results of a new race to runners already in its database. In case a mistake is made by Betrail during this automated process, a registered betrail.run user can claim a result for himself, or remove a result from her/his personal page.
At registration, a new betrail user will be asked to claim the results already in the database for himself.
It is strictly prohibited to claim results not performed by oneself, and generally to claim the result of another runner for oneself.
8. User content
The user acknowledges that Betrail prohibits content which is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable.
The user is solely responsible for all video, images, information, data, text, software, music, sound, maps, photographs, graphics, messages or other materials ("content") that he uploads, posts, publishes or displays (hereinafter, "transmits") or email or otherwise uses via betrail.run. Betrail has the right to investigate and take appropriate legal action against anyone who, in his sole discretion, violates this provision, including without limitation, removing the offending content from the website, suspending or terminating the account of such violators and reporting the user to the law enforcement authorities. The user agrees not to use the website to:
- email or otherwise transmit any content that infringes any intellectual property or other proprietary rights of any party (see further)
- email or otherwise transmit any content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. It is prohibited to create a privacy or security risk to any person
- interfere with or disrupt the system or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- violate any applicable law or any regulations having the force of law;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users further
- promote any criminal and illegal activity.
Betrail shall decide, at his sole discretion, on the expediency of inclusion or removal of a particular content presented on the website.
9. User's rights
The user who shares any content on our website retains all rights in but grants Betrail only the right to use, copy, cache, publishes, display, distribute, modify, create derivative works and store such content.
Betrail will ask the consent of the user for any commercial use.
Similarities and copying of any content without any permission is strictly prohibited for other users (see further). If the user will use any of the content, he must ask the owner to give him the proper right to do. Betrail is not responsible in case of such violations from other users.
10. Trail races, and signing-up to trail races
It is possible to sign up to trail races directly on betrail.run, but only if the organizer has contracted with Betrail to provide this service.
The user who signs up to a trail race trough betrail.run implicitly and automatically accepts the terms of services of the race itself, as described by the trail race organizer on his website.
When signing up to a trail race through betrail.run, Betrail will only be responsible to the correct payment execution, and the correct inclusion of the betrail member to the participants list.
Betrail cannot be held responsible if a trail race is cancelled or do not correspond to the description as given by the trail organizer prior to the race. No refunding through Betrail will be possible. Only the organizer of the trail race is responsible for handling complaints related to the event itself.
11. Commercial use and advertising
Betrail.run is designed for a personal use.
Unless otherwise expressly authorized, the user agrees not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any content from betrail.run.
The user warrants that he will not constitute any unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation
Advertising or offering to sell or buy any goods or services for any business purpose without the consent of Betrail is prohibited.
Betrail reserves the right to decide to promote events, activities, brand,...
Betrail works to protect the security of the users' content and account but cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
13. Third-party links, sites and services
Our website and services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If the user accesses any third party website, service, or content from Betrail, he does so at his own risk and he agrees that Betrail will have no liability arising from your use of or access to any third-party website, service, or content.
14. Intellectual rights
The user acknowledges and agrees that our website and services (information, algorithms, logos, drawings, brand names, models, slogans, graphic, charts, data, rankings,…) may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. He warrants to respect these rights.
Except where expressly authorized to this end by Betrail and/or the third party concerned, the user shall not be allowed to modify, reproduce, rent out, borrow, sell, distribute or create derived works based entirely or partially on the elements contained on the website. He is therefore not allowed (and may not authorize other people) to copy, modify or create a derived work, reverse the design or computing methods or assembly or attempt in any other way to find the source code, sell, grant, sublicense or transfer in any way whatsoever, any right relating to the website and/or its content.
Betrail is not responsible in case of such violations from users.
If the user violates these terms, or otherwise create risk or possible legal exposure for Betrail, we can terminate or suspend him providing all or part of our website with our without cause or notice to him.
The user may also delete his account or disable his application at any time.
These provisions will still apply.
Betrail reserves the right, at any time and on any grounds whatsoever, to alter or temporarily or permanently discontinue all or part of the access to the website, without having any prior notice obligation towards the user. This will be the case, for example, in the event of website maintenance or a major change in the services and/or the offered functionalities. Betrail shall not be liable for any direct or indirect loss or damage associated with an alteration or suspension of or interruption in access to the website, for any reason whatsoever.
The whole content is provided without warranty of any kind, whether express or implied. Betrail takes no responsibility and assumes no liability for any user content or third party posts or transmits using our services. The user acknowledges and agrees that he may be exposed to user content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
17. Limitation of liability and ceiling compensation
Betrail shall under no circumstances be liable for any direct and/or indirect loss or damage sustained by the user in the context of use of the website and/or the content thereof placed at his/her disposal. Betrail shall only be liable for fraudulent misrepresentation or gross negligence directly and undoubtedly attributable to it.
The ceiling compensation will be limited to 200 euros. In no event, shall Betrail aggregate liability exceed this amount of 200 euros.
The user shall also hold Betrail harmless in the event of any claim, in one or other of the following cases:
- Loss of opportunities or of business income linked to the functioning or non-functioning or use or non-use of the website, or of the content that is on it or should be on it;
- Illegal or unauthorized intrusion of any third party in the Betrail webserver or website;
- Temporary congestion of the bandwidth;
- Break in the internet connection service for reasons beyond the control of Betrail.
For any dispute, the user agrees to first contact us and attempt to resolve the dispute with us informally.
19. Law and jurisdiction
Should any dispute occur, Belgian law shall be applicable and the courts of Nivelles shall have sole and exclusive jurisdiction.
20. No Waiver
No waiver of any term of these provisions shall be deemed a further or continuing waiver of such term or any other term.
Betrail receives information that:
- registered betrail.run users collect from publicly available information about, and results of, trail races and similar events,
- you provide when you register for and set up an account
- you post or content you share on betrail.run
- you allow us to collect when you use betrail.run features,
- you allow social media services to share with us
- we get from seeing how you use betrail.run
- we get from communicating with you
- we get from cookies and other technologies
We use this information to:
- provide betrail.run features
- manage and improve the betrail.run website, app, features and services
- analyze how you use betrail.run
- provide you with information about the service
- diagnose technical problems and maintain security
- provide you with marketing that is relevant to you
We share this information with:
- other betrail.run users where you allow information to be public
- social media services you tell us to share information with
- people who help us provide betrail.run services to you
- outside parties to comply with the law and/or any legal obligations
We store information:
- primarily in the European Union, but may also use other locations around the world
- in accordance with the national and international provisions, including the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data
- A software also ensures the statistics of our site but it does not permit to identify you.
It is possible to configure your surfer in order to let you know every creation of cookies or to prevent their making:
- Internet Explorer: http://windows.microsoft.com/en-US/windows-vista/How-to-manage-cookies-i...
- Chrome: http://support.google.com/chrome/bin/answer.py?hl=en-GB&hlrm=nl&answer=9...
- Firefox: http://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-p...
- Safari: http://support.apple.com/kb/PH5042
The access to our site shall not be refused to you for that reason, but your user experience may be diminished.
Visitor and user’s data processing
You may visit our website to obtain information on our services and make yourself acquainted with our most recent news with no obligation to furnish any personal information.
If you choose to give us personal information, it shall be treated confidentially according to the provisions of Belgian and international law.
Information of a personal nature which you will transmit will be treated by Betrail, whose registered office is at rue des Gotteaux 2b, 1450 Cortil-Noirmont, Belgium, a company incorporated under the laws of Belgium (registered number BCE n°0665.717.334), in conformity with the statute of December, 8, 1992 concerning the protection of privacy in connection with the treatment of personal information:
(i) in order to provide betrail.run features and services to users;
(ii) in order to manage and improve websites, apps, features and services, this purpose entails to analyse the way you use our websites, apps, features and services;
(iii) in order to manage our contractual relationship;
(iv) in order to issue purchase order, invoices and other documents of a contractual nature;
(v) in order to send you newsletters;
(vi) in order to realize operations of information or promotion about the services of Betrail.run and its partners, purpose to which the user expressly gives his/her consent by agreeing the present policy;
By providing us your personal data, you give us your express agreement to use the information for the above-mentioned purposes.
The personal data, which you transmit to us, are registered in a database held by and under the responsibility of betrail.run.
Personal data might be preserved 5 years after the closure of your account.
Betrail will not, unless explicitly agreed otherwise by you, transmit your data to commercial partners of Betrail.
Upon written, dated and signed request, addressed to the person responsible for the data base and upon submitting proof of your identity, you can obtain, at no cost if the volume is reasonable, from betrail.run the written communication of your personal data and, as the case may be, a rectification of those of your data which might be inexact, incomplete or not relevant. You can also contact the Belgian Privacy Commission in order to exercise these rights.
The President of the Court of first instance has jurisdiction on your request concerning the right to obtain communication, rectification or suppression of a personal data, if such request has not been complied with within 45 days or if such request has been rejected.
If, at any time, you are of the opinion that we do not respect your privacy, please inform us by mail or e-mail contact us. We will provide our best efforts to find an acceptable solution.
In case you need more information, feel free to contact us, or the Protection of Privacy Commission (´Commission pour la Protection de la Vie Privée´) at the following address:
Commission pour la Protection de la Vie Privée
Rue de la Presse, 35
Tel. +32 2 274 48 00
Fax. +32 2 274 48 35