WES World e-Bike Series is presented by Slash/Cast Monaco, a sole proprietorship
registered with the RCI: 10P07650 with its headquarters in Monaco (P. ty) 19, rue Basse 98000, represented by its CEO, Mr. Francesco Di Biase.
CAST MONACO shall have the right to assign its rights to any third party at its discretion, without any obligation to inform you; in such case these T&Cs shall remain fully valid between CAST MONACO assignee and/or successor, and yourself.
WES – www.worldebikeseries.com is hosted by
Corso Italia, 66
17027 Pietra Ligure (SV), Italy
1. SCOPE OF THE TERMS AND CONDITIONS OF USE.
These Terms and Conditions of Use apply to the Website www.worldebikeseries.com on which these T&Cs are published, as well as to its mobile versions, social media pages and applications (collectively referred to as the “Site”), and to all services available on or through the Site (“Services”).
Cast Monaco and all the entities that control Cast Monaco, are controlled by Cast Monaco or are affiliated with Cast Monaco, are collectively referred to in this document as “we”, “us” or “our”. The terms “you”, “your” and “yours” refer to you as a user of the Site or as the parent or legal guardian (over 18 years of age) of the user, if said user is a minor in their country of residence.
By using or attempting to use the Site, you certify that you are at least 18 years of age or, if under the age of 18, that you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all the terms and conditions contained in these Terms and Conditions of Use, you must stop using the Site immediately.
1.1. AMENDMENT OF THE TERMS AND CONDITIONS OF USE.
Cast Monaco may revise and update these Terms and Conditions of Use at any time; please periodically review them, because your continued usage of the Site indicates your agreement with any such changes. Any changes we make will be effective immediately upon notice, which we may provide by any means including, but not limited to, posting a revised version of these Terms and Conditions of Use on the Site. If we make any material changes to these Terms and Conditions of Use, we will endeavor to notify you in advance of such changes, by highlighting the change on the Site or by sending an email to you at the email address that you have registered with us. You can determine when these Terms and Conditions of Use were last revised by referring to the “Most recent update” information at the top of these Terms and Conditions of Use.
1.2. ADDITIONAL TERMS AND CONDITIONS OF USE.
Parties other than Cast Monaco may provide services and sell products or entry to their Events on the Site. You may order services or merchandise through the Site from persons not affiliated with Cast Monaco (“Seller”).
When you order an Event-related product or service; purchase a race bib or ticket; take part in a competition; book a leisure or travel service; complete a transaction, sale, membership, booking, donation and/or activity on the Site (each constituting an “Event”), you accept the additional Terms and Conditions of Use. These are established either by Cast Monaco or the Seller and prevail over these Terms and Conditions of Use in the event of conflict. These additional Terms and Conditions of Use will be provided, where applicable, when ordering a product or service related to an Event. You must accept them without reservation in order to finalize your order.
These Terms and Conditions of Use will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions of Use, including any indemnification obligations, warranties, and limitations of liability.
2. REGISTRATION ON WES.
You are allowed to browse the Site and view its content without signing up. However, in order to use certain Services on the Site, you will have to register with Cast Monaco.
If you provide any information that is untrue, inaccurate, not current or incomplete, or if Cast Monaco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Cast Monaco has the right to refuse any and all current or future use of the Site or Services (or any portion thereof) at its sole discretion.
4. USER CODE OF CONDUCT.
In connection with the User Content (as defined in Section 8 below) and your use of the Site, you agree that you will not, nor will you permit anyone else to, indirectly or directly:
4.1. upload, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4.2. submit information that includes non-public personal or identifying information about another person without that person’s explicit consent;
4.3. upload, post, email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or any other intellectual property rights;
4.4. restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
4.5. access or attempt to access parts of the Site for which you are not authorized by Cast Monaco, circumvent or attempt to circumvent any security or password protection on the Site, access the Site by any means other than through the interface that is provided and authorized by Cast Monaco;
4.6. modify any software for the Site in any manner or form, nor use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
4.7. use the Site or Documents (as defined in these Terms and Conditions of Use) for unlawful purposes;
4.8. express or imply that any statements you make are endorsed by us, without our prior written consent;
4.9. impersonate any person or entity, whether actual or fictitious, including any employee or representative of Cast Monaco;
4.10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
4.11. transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, pornographic, hateful, vulgar or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
4.12. use the Site to harm minors in any way;
4.13. engage in spamming or phishing activities;
4.14. transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
4.15. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
4.16. remove any copyright, trademark or other proprietary rights notices contained on the Site;
4.17. “stalk” or otherwise harass a third party;
4.18. link to any page of or content on the Site without written authorization;
4.19. use any robot, bot, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine, scrape or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, Cast Monaco grants the operators of public search engines permission to use robots to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Cast Monaco reserves the right to revoke these exceptions either generally or in specific cases;
4.20. harvest or collect information about Site visitors or members without their express consent;
4.21. take any action that imposes or may impose (at CAST MONACO’s sole discretion) an unreasonable or disproportionately large load of data, information, or queries on our (or our third-party providers’) infrastructure;
4.22. share use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in any offer on the Site if you are not the original holder of such passcode or password;
The foregoing actions shall constitute a material breach of these Terms and Conditions of Use.
You acknowledge, consent and agree that Cast Monaco may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with laws, rules, regulations, or legal process; b) ensure compliance with these Terms and Conditions of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service or (e) protect the rights, property and personal safety of Cast Monaco, its users or the public.
5. INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE.
The information and materials provided on or through the Site, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Cast Monaco or its licensors or Sellers, and are intended to educate and inform you about the Events and other products and services offered or described on the Site.
The Site, including all Site software, databases, proprietary information, documentation, software, contents, computer codes, ideas, expertise and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, but not limited to, the selection, compilation, sequence, “look and feel” and arrangement of items, is owned and operated by Cast Monaco and will remain the exclusive property of Cast Monaco You acknowledge that the Site is protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Cast Monaco and Cast Monaco advertisers, licensors, Sellers, third party Organizers, suppliers and others. The Trademarks owned by Cast Monaco, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Cast Monaco, in any manner that is likely to cause confusion with customers, or in any manner that disparages Cast Monaco.
6. PURCHASE POLICY FOR PRODUCTS AND SERVICES ON WES.
You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your Transactions.
In addition to these Terms and Conditions of Use, your transaction shall be subject to any additional terms applicable to such services, features and purchases. Registration for Events may be regulated by certain applicable laws or regulations.
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses. You grant Cast Monaco the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions, images of, or references to, third party products, services, or Events on the Site do not imply Cast Monaco’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your Event registration may be cancelled. We may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.
7. PURCHASE OF A PRODUCT OR SERVICE FROM A SELLER/ORGANIZER OTHER THAN CAST MONACO.
All matters concerning the merchandise and services desired from a seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and seller. Cast Monaco makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Cast Monaco, nor will Cast Monaco be construed as, party to such transactions, whether or not Cast Monaco may have received some form of revenue or other remuneration in connection with the transaction.
You agree that Cast Monaco will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Sellers. Cast Monaco assumes no responsibility or liability for the actions, products or content of these Sellers. You must carefully review the applicable additional Terms and Conditions of Use, their privacy policies and other Terms and Conditions of Use before confirming your order on the Site. It is the responsibility of the Seller to provide you with its Additional Terms and Conditions of Use and, in particular, its refund policy and to issue refunds to you via the Site or by alternative means where necessary.
Cast Monaco will not be held responsible or liable in any way for refunds, refund payment errors or insufficient refund amounts issued by a Seller for an Event. In addition, Cast Monaco shall not be held responsible for the truth or accuracy of any products or services listed by Sellers, or their ability to perform a task, organize an Event, or complete a transaction. Notwithstanding the foregoing, you may notify us of any misconduct on the part of Sellers, Event organizers and/or third parties in connection with the Site and any Services, and we, at our sole discretion, may investigate the claim and take action.
8. FORUMS AND USER CONTENT.
Cast Monaco and its designees may host forums on the Site (hereinafter referred to as the “Forums”), giving you the opportunity to provide or upload to the Site creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”).
By posting said User Content to the Site, you agree to this user content becoming public information. you grant us and our designees, for the duration of the protection of intellectual property rights and worldwide, the non-exclusive, transferable, fully sublicenseable (to multiple third parties), assignable and royalty-free rights to use, reproduce, distribute (to multiple third parties), modify, adapt, combine with other works, create derivative works of, publicly present, display, store, digitally present, publish (on the site, on any other website(s), in print, on the radio, television or elsewhere), make, have made, sell, offer for sale, import and market all user content, or any portion thereof, in any manner or context (including but not limited to usage in commercial, advertising or promotional materials), using any format, media or technology, now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. you authorize other users to access, display, save and reproduce the content for their own personal use, and Cast Monaco cannot be held liable in this regard.
To the extent permitted by law, you specifically waive any “moral rights” in and to the User Content. The aforementioned permission includes but is not limited to any copyrights and other intellectual property in and to your User Content.
You agree to only provide User Content that complies with the provisions of the User Code of Conduct, and that respects the law and the rights of others (for example, not infringing intellectual property rights or not contravening a contractual obligation). You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Cast Monaco under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Site and these Terms and Conditions of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Site and these Terms and Conditions of Use or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable User Content.
Pursuant to Italian law DLGS, n. 70 of 2003 or any other law that may be applicable in compliance with EU Directive 2000/31/CE for building confidence in the digital economy, Cast Monaco provides a technical hosting service for User Content.
Cast Monaco does not provide any checks, supervision or screening of User Content and does not have the ability to intervene before said Content is published. As a result, Cast Monaco cannot be held liable in this regard.
Cast Monaco may be required to remove content or information published on the Site under the terms laid down by regulations in force, and in particular by the application of Italian law DLGS, n. 70 of 2003 or any other law that may be applicable in compliance with EU Directive 2000/31/CE , in the event of an infringement of third party rights or a regulatory breach. You can report any behavior or content on the Site that is obviously illegal and/or contrary to these Terms and Conditions of Use by sending an email to firstname.lastname@example.org, giving the following details:
– if the reporting party is a private individual: their first and last name, occupation, address, nationality, date and place of birth; if the reporting party is a legal entity: its type, its name or title, its registered office and the body which legally represents it;
– the details of the User who posted the illegal content;
– a description of the disputed content and its precise location;
– the reasons for which the content must be removed;
– a copy of any correspondence sent to the author of the illegal content.
The User responsible for publishing the disputed content is likely to have his/her account suspended/terminated on the basis of the evidence provided by the reporting party, to ensure that said content is removed, in accordance with Cast Monaco’s legal obligations.
The user whose published content is reported will be informed of the suspension and potential termination of their account by email at the address provided. Under no circumstances will they be told the identity of the user who made the report.
Cast Monaco stresses that anybody who reports content or activity as being illegal purely for the purpose of ensuring its removal or stopping its circulation, despite knowing that the information is inaccurate, could potentially lead to criminal consequences, as determined by applicable laws. Under no circumstances may Cast Monaco be held liable to Users whose content has been deleted or rendered inaccessible by such a report.
Furthermore, Cast Monaco may suspend the user who made an unfounded or dishonest report.
9. LINKS TO THIRD PARTY WEBSITES.
As a convenience to our members, we may provide links to third-party websites. If you use these links, you will leave the Site. Your dealings with third parties through links to such third-party websites or applications are solely between you and said third party. Unless otherwise explicitly stated, Cast Monaco is not responsible for the content, goods or services provided on or through such websites, any updates or changes to such sites, for your use or inability to use such sites, or the privacy or other practices of such sites, and the fact that Cast Monaco offers such links does not indicate any approval or endorsement of any material contained on any linked site. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. Cast Monaco expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party website or app. You hereby completely and irrevocably release and forever discharge us from and waive any claim you might have against Cast Monaco with respect to such sites.
10. RULES FOR SWEEPSTAKES, CONTESTS AND GAMES.
In addition to these Terms and Conditions of Use, any sweepstakes, contests or games made available through the Site may be governed by specific rules that are separate from these Terms and Conditions of Use. Cast Monaco recommends that you check contest rules, and in the event of conflict between said rules and these Terms and Conditions of Use, the rules prevail.
In most instances, the ability of Cast Monaco to provide services is dependent upon a telecommunications network or the internet, which may not be fully secure, as well as goods and services provided by various other vendors and third parties. Cast Monaco does not warrant that your use of the site will be uninterrupted, error-free or secure, that defects will be corrected, that the site or the server(s) on which the site is hosted is free of viruses or other harmful components, that the site will meet your requirements, that the information that may be obtained from the use of the site will be accurate or reliable, or that the quality of any services, information, or other material obtained by you through the site will meet your expectations. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement given by CAST MONACO, whether made on the Site or otherwise, shall give rise to any warranty.
12. LIMITATION OF LIABILITY.
To the greatest extent permitted by law, you expressly acknowledge and agree that neither Cast Monaco nor any of its affiliates, shareholders, licensors, suppliers, advertisers or sponsors, or their respective directors, officers, employees, consultants, agents or other representatives, are or will be responsible or liable to you or to any third party for any indirect damages (including, but not limited to, damages for loss of business, loss of data or loss of profits), arising out of or relating in any way to the site and/or materials contained on the site, any linked website or any product or service purchased from a seller through the site. Without limiting the foregoing, to the greatest extent permitted by law, you expressly acknowledge and agree that cast monaco shall have no liability or responsibility whatsoever for (i) the use or the inability to use the site, products, services or any linked site; (ii) the use of your login details and password by a third party (iii) the use or implementation of any training program available on the site, (iv) any transaction with any seller through the site and, more generally, any issues relating to goods and services ordered from a seller, including but not limited to the terms of purchase and refund, payment terms, warranties, guarantees, maintenance and delivery, which only concerns you and the seller; (v) any incidents, including bodily injury, resulting from your participation in an event organised by Cast Monaco except in the event of gross negligence or misconduct on the part of Cast Monaco ; (vi) statements or conduct of any third party on the site or any linked site; (vii) any failure of another user of the site to comply with the code of conduct and, more broadly, to these terms and conditions of use; (viii) any interruption or cessation of transmission to or from our site; (ix) any bugs, viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through our site by any third party; (x) any errors, mistakes, inaccuracies or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the site; (xi) any failure of a third party event organizer to honor a registration; (xii) the truth or accuracy of any content or event listings on the site; (xiii) use of a hypertext link to a third party website and/or (xiv) any other matter relating to the site, or Cast Monaco products or services.
13. APPLICABLE LAW.
The General Terms and Conditions of Use are governed by Monegasque law.
In accordance with the rules applicable to mediation, all consumer disputes must be submitted beforehand in writing to Cast Monaco Information Service, 19, rue Basse, 98000 Monaco.
You should review the Additional Terms and Conditions that may apply with regard to Transactions made with Sellers on the Site.
If the parties fail to reach an amicable settlement, any dispute generated by the Terms and Conditions shall be submitted to the competent civil courts.
14.1 INFORMATION NOTICE ON DATA PROCESSING
Law no 1.165 of 23 December 2013 and pursuant to the GDPR 2016 5679 (General Data Protection Regulation).
By this document, you authorize us to process your personal data in accordance with Law no. 1.165 of 23 December 1993 and, where applicable, with Italian law DLGS 10/08/2018 n° 101. Pursuant to said laws, the data processor is Slash/Cast Monaco, who undertakes to guarantee the security and confidentiality of the data. The recipient of the data is our company, Slash/Cast Monaco.
Our structure provides appropriate technical and organizational measures for protecting personal information from events such as accidental destruction or unlawful processing, accidental loss, alteration, disclosure and unauthorized access.
Our processing system also applies to any transfers of data to third countries in which our correspondents are located, and which have an adequate level of protection in all cases: that is, laws that are equivalent to those of Monaco and/or Italy on the protection of nominative information.
We inform you that the purpose of the processing is to maintain our customer records, in compliance with our obligations of identification. There will be no transmission of your personal data to third parties for commercial purposes. This personal data processing is compulsory in nature, and in the event of a failure to respond and/or provide authorization, we will not be able to proceed with our services.
We inform you that in accordance with the above-mentioned Law no. 1.165, and, where applicable, with Italian law DLGS 10/08/2018 n° 101, you also have the right to access, rectify and erase your information contained in our files.
In addition to the above information relating to Law no. 1.165 of 23 December 1993 and, where applicable, with Italian law DLGS 10/08/2018 n° 101, pursuant to Article 13 of Regulation (EU) 2016/679, we further inform you that in accordance with Articles 15 to 22 of Regulation (EU) no. 2016/679, you have the right to: a) request confirmation of whether or not your personal data exist; b) obtain information on the purposes of the processing, the categories of personal data, the recipients or categories of recipients to whom personal data have been or will be communicated and, where possible, the period of time for which they will be stored; c) obtain the rectification and erasure of data; d) obtain restriction of processing; e) obtain data portability: that is, receive them from a data controller in a structured, commonly used and machine-readable format and transmit them to another controller without hindrance; f) object to the processing at any time, including in the case of processing for direct marketing purposes; g) object to an automated decision-making process relating to physical persons, including client profiling; h) ask the data controller for access to personal data and for the rectification or erasure of said data or the restriction of processing concerning you, or object to the processing, as well as the right to data portability; i) withdraw your consent at any time without affecting the lawfulness of processing based on consent before its withdrawal; and j) lodge a complaint with a supervisory authority.
You may exercise your rights by a written request sent to the following e-mail address: email@example.com.
You are responsible for any false information and/or declaration that you may provide us with, and release our Company from any liability thereof.
By accepting these T&C you also authorize us to process your personal data in accordance with the laws and regulations indicated above.
Cast Monaco may assign its rights and obligations under these Terms and Conditions of Use. Accordingly, you give your prior consent that Cast Monaco may transfer or assign the obligations under these Terms and Conditions to a third party or other legal entity of the group to which Cast Monaco belongs. The contract will continue automatically and without formalities between you and the entity that benefited from the transfer or assignment. You may not assign any of your rights or obligations under these Terms and Conditions of Use. Any assignment in violation of these terms is void.
Rights and obligations under these Terms and Conditions of Use which by their nature should survive will remain in full effect after termination or expiration of the Terms and Conditions of Use.