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Important Notice: This document is a translation of the French version of the Terms of Sales. In case of any discrepancy or disagreement between the French and English versions, the French version shall prevail and be considered as the legally binding document.

Terms of Sales

OuiRace Platform

Version 1.0 - Effective date: January 15, 2025

Preamble

These Terms of Sales (hereinafter "Terms") govern the contractual relationship between:

OUIRACE SAS, a simplified joint-stock company with a share capital of 5,000 euros, registered with the Toulouse Trade and Companies Register under number 931 820 443, with its registered office located at 10 rue Guy de Maupassant, 31200 Toulouse, represented by Mr. Raphaël Bonnaud acting as President (hereinafter "OuiRace")

And

Any individual wishing to register for a sports event via the OuiRace Platform (hereinafter "the Participant").

Use of the OuiRace Platform for registration purposes implies full and complete acceptance of these Terms. The Participant acknowledges having read these conditions and accepts them without reservation.

Article 1 - Definitions

Platform: Website accessible at www.ouirace.com and OuiRace mobile application allowing Participants to discover and register for sports events.

Participant: Individual registering for an Event via the Platform and paying the registration fee online.

Organizer: Individual or legal entity (non-profit association, commercial company, self-employed) responsible for creating and managing the Event.

Event: Running race, trail, Nordic walking or any other sports event organized via the OuiRace Platform.

Participant Account: Secure personal space accessible after registration, allowing to view registrations, access invoices and manage personal information.

Registration Fee: Amount paid by the Participant to register for an Event, set by the Organizer and displayed on the Event page before payment.

Confirmation Email: Email sent immediately after successful registration containing registration details, invoice and Event information.

Article 2 - Scope and Role of OuiRace

2.1 Role of the Platform

OuiRace acts as an intermediary platform connecting Participants with Event Organizers. OuiRace provides:

  • Event listing and search functionality
  • Secure online registration system
  • Payment processing via Stripe
  • Automatic invoice generation
  • Registration confirmation emails

2.2 Organizer responsibility

The Organizer is solely responsible for:

  • Material organization of the Event (course, signage, refreshments, race materials)
  • Event content accuracy (date, location, distance, rules)
  • Obtaining administrative authorizations and mandatory insurance
  • Course security and emergency services
  • Participant safety during the Event
  • Customer service regarding Event operations

2.3 Limitation of OuiRace liability

OuiRace acts solely as an intermediary for registration and payment processing. OuiRace cannot be held responsible for:

  • Event cancellation, postponement or modification decided by the Organizer
  • Event content accuracy or completeness
  • Damages or injuries occurring during the Event
  • Disputes between Participant and Organizer regarding Event operations
  • Quality of Event organization (course, logistics, services provided)

Article 3 - Registration Process

3.1 Registration conditions

Registration on the Platform is reserved for individuals of legal age (18 years old) or minors with parental authorization.

The Participant guarantees:

  • Being of legal age or having parental authorization
  • Providing accurate, current and complete information during registration
  • Having the physical fitness required to participate in the Event
  • Complying with the Event rules published by the Organizer

3.2 Account creation

To register for an Event, the Participant may optionally create a Participant Account by:

  • Providing a valid email address
  • Choosing a secure password
  • Validating email address via confirmation link

Account creation is optional. Participants can register for Events without creating an account (guest checkout).

3.3 Registration procedure

To complete an Event registration, the Participant must:

  1. Select the desired Event and category
  2. Complete the registration form with required information (surname, first name, email, phone, date of birth)
  3. Accept the Event rules published by the Organizer (mandatory checkbox)
  4. Accept these Terms of Sales (mandatory checkbox)
  5. Proceed to secure payment via Stripe
  6. Receive confirmation email with registration details and invoice

3.4 Medical fitness

The Participant declares being in good physical condition to participate in the Event. Depending on the Event, the Organizer may require:

  • Medical certificate of no contraindication to sports practice (less than one year old)
  • QS-SPORT health questionnaire

The Participant is solely responsible for verifying their medical fitness. OuiRace cannot be held responsible for health incidents related to participation.

Article 4 - Pricing and Payment

4.1 Registration fees

Registration fees are set by the Organizer and displayed on the Event page before payment. Prices are indicated in euros and include all applicable taxes.

A payment processing fee (2% + 0.25 EUR) is added to cover secure payment processing. This fee is displayed transparently before payment confirmation.

4.2 Accepted payment methods

Payments are processed securely via Sogecommerce (Société Générale). Accepted payment methods:

  • Credit cards (Visa, Mastercard, American Express)
  • Debit cards
  • PayPal

4.3 Payment security

Payment data is processed directly by Sogecommerce and is not stored on OuiRace servers. All transactions are protected by SSL/TLS encryption and comply with PCI-DSS security standards.

4.4 Payment confirmation

Upon successful payment:

  • Registration is immediately confirmed
  • Confirmation email is sent to the Participant
  • Invoice is automatically generated and included in the email
  • Registration appears in the Participant Account (if created)

4.5 Payment failures

In case of payment failure:

  • Registration is not confirmed
  • The Participant is notified of the failure reason
  • The Participant may retry payment or contact their bank
  • The registration slot is not reserved until successful payment

Article 5 - Invoicing

5.1 Invoice generation

An invoice is automatically generated and sent by email immediately after successful registration. The invoice includes:

  • OuiRace company information
  • Participant information
  • Event details (name, date, category)
  • Registration fee amount
  • Unique invoice number
  • Payment date

5.2 Invoice download

Participants can download invoices at any time:

  • From the confirmation email
  • From the Participant Account (if created)
  • By contacting support@ouirace.com

Article 6 - Cancellation and Refund Policy

6.1 Participant-initiated cancellation

Important: Registration cancellations are governed by the Organizer's specific cancellation policy, which must be consulted on the Event page before registration.

General principles:

  • Cancellation requests must be sent to the Organizer via the contact information provided on the Event page
  • Refund conditions (full, partial or no refund) depend on the Organizer's policy and timing of cancellation
  • OuiRace acts as intermediary for processing refunds approved by the Organizer

6.2 Event cancellation by Organizer

If the Organizer cancels the Event:

  • All registered Participants are notified by email
  • Full refund is automatically processed within 5 to 10 business days
  • Refund is made to the original payment method
  • Invoice is marked as cancelled

6.3 Event modification by Organizer

If the Organizer makes substantial modifications (date, location, distance):

  • All registered Participants are notified by email within 48 hours
  • Participants have 7 days to request a full refund
  • Refund requests must be sent to the Organizer
  • Refunds are processed within 5 to 10 business days after approval

6.4 Refund processing fees

When a refund is processed:

  • Refund is made to the original payment method
  • Processing time: 5 to 10 business days
  • In case of Organizer-initiated cancellation: no fees charged to Participant
  • In case of Participant-initiated cancellation: potential fees according to Organizer's policy

6.5 No-show policy

In case of no-show (failure to attend the Event without prior cancellation):

  • No refund is provided
  • Registration fee remains due to the Organizer

Article 7 - Personal Data Protection (GDPR)

7.1 Data controllers

OuiRace and the Event Organizer are jointly responsible for processing Participants' personal data in accordance with the General Data Protection Regulation (GDPR - EU Regulation 2016/679).

7.2 Data collected

OuiRace collects the following personal data during registration:

  • Identity: surname, first name, date of birth
  • Contact: email address, phone number
  • Payment: credit card information (processed directly by Stripe, not stored by OuiRace)
  • Event data: selected Event, category, registration date

7.3 Purpose of processing

Personal data is processed for the following purposes:

  • Event registration processing
  • Payment management
  • Invoice generation
  • Communication regarding the Event (confirmation, reminders, updates)
  • Customer support
  • Platform improvement and statistics (anonymized data)

7.4 Legal basis

Data processing is based on:

  • Contractual necessity: execution of registration contract
  • Legal obligation: invoicing, accounting requirements
  • Legitimate interest: fraud prevention, platform security

7.5 Data recipients

Personal data may be accessed by:

  • OuiRace team (technical support, customer service)
  • Event Organizer (for Event management purposes)
  • Payment processor: Stripe (for payment processing)
  • Hosting provider: secure servers in European Union

Data is never sold or shared with third parties for marketing purposes.

7.6 Data retention period

  • Participant data: 3 years after the last Event attended
  • Payment data: 13 months (legal requirement for Stripe)
  • Accounting data: 10 years (tax obligation)

7.7 Rights of data subjects

Participants have the following rights under GDPR:

  • Right of access: obtain confirmation that data is processed and access it
  • Right of rectification: correct inaccurate or incomplete data
  • Right to erasure: request deletion of data (except legal obligations)
  • Right to restriction: limit processing in specific circumstances
  • Right to portability: receive data in structured, machine-readable format
  • Right to object: oppose processing for legitimate reasons
  • Right to withdraw consent: where processing is based on consent

To exercise these rights: dpo@ouirace.com

7.8 Data security

OuiRace implements appropriate technical and organizational measures to protect personal data:

  • SSL/TLS encryption for data transmission
  • Secure data hosting in European Union
  • Access control and authentication
  • Regular security audits
  • Daily backups

7.9 Complaints

Participants have the right to lodge a complaint with the French data protection authority (CNIL):

CNIL

3 Place de Fontenoy - TSA 80715
75334 PARIS CEDEX 07
Website: www.cnil.fr

For more information, please consult our Privacy Policy.

Article 8 - Intellectual Property

8.1 Platform ownership

The OuiRace Platform, including its design, structure, content, trademarks, logos and software, is the exclusive property of OuiRace. Any unauthorized reproduction, representation or exploitation is prohibited.

8.2 Usage license

OuiRace grants Participants a non-exclusive, non-transferable, revocable license to access and use the Platform solely for personal, non-commercial Event registration purposes.

8.3 Prohibited uses

Participants may not:

  • Copy, modify or distribute Platform content
  • Use automated systems (bots, scrapers) to access the Platform
  • Attempt to circumvent security measures
  • Interfere with Platform operation
  • Use the Platform for fraudulent purposes

Article 9 - Liability and Warranties

9.1 Platform availability

OuiRace strives to provide continuous Platform access but does not guarantee 100% availability. The Platform may be temporarily unavailable due to:

  • Scheduled maintenance (notified in advance when possible)
  • Technical failures or force majeure events
  • Security measures or updates

OuiRace is not liable for damages resulting from temporary Platform unavailability.

9.2 Information accuracy

Event information (date, location, rules, pricing) is provided by Organizers. While OuiRace performs moderation, the Organizer remains solely responsible for content accuracy.

The Participant should verify Event information directly with the Organizer before registration.

9.3 Limitation of liability

OuiRace's liability is limited to direct damages and capped at the amount of the registration fee paid by the Participant.

OuiRace cannot be held liable for:

  • Indirect damages (loss of opportunity, loss of data, financial loss)
  • Damages related to Event organization or Participant safety
  • Disputes between Participant and Organizer
  • Force majeure events

9.4 Participant responsibility

The Participant is responsible for:

  • Accuracy of information provided during registration
  • Maintaining confidentiality of account credentials
  • Compliance with Event rules and applicable laws
  • Physical fitness to participate in the Event
  • Behavior during the Event

Article 10 - Withdrawal Right

In accordance with article L. 221-28 12° of the French Consumer Code, the Participant acknowledges and accepts that the withdrawal right does not apply to Event registrations, as these constitute services provided on a specific date or period.

Once registration is confirmed and paid, the Participant cannot exercise the 14-day withdrawal right. Cancellation and refund conditions are governed by Article 6 of these Terms and the Organizer's specific cancellation policy.

Article 11 - Force Majeure

In accordance with article 1218 of the French Civil Code, neither OuiRace nor the Participant may be held responsible for non-performance resulting from force majeure events beyond their reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, extreme weather)
  • Epidemics or pandemics
  • War, terrorism, civil unrest
  • Cyberattacks or major technical failures
  • Government restrictions or prohibitions

Article 12 - Modification of Terms

OuiRace reserves the right to modify these Terms at any time. Substantial modifications are published on the Platform and notified to registered Participants by email at least 30 days before their entry into force.

Continued use of the Platform after the effective date constitutes acceptance of the modified Terms.

Minor modifications (typographical corrections, clarifications) may be made without prior notification.

Article 13 - Dispute Resolution

13.1 Applicable law

These Terms are governed by French law.

13.2 Amicable settlement

Before any legal action, the parties undertake to attempt to resolve their dispute amicably for a period of 30 days.

13.3 Mediation

In case of failure of amicable settlement, the Participant may contact the consumer mediator:

MEDICYS

73 Boulevard de Clichy - 75009 PARIS
Website: www.medicys.fr
Email: contact@medicys.fr

The European Online Dispute Resolution platform is accessible at: https://ec.europa.eu/consumers/odr

13.4 Competent jurisdiction

In case of mediation failure, any dispute will be submitted to the competent courts under ordinary law jurisdiction.

Article 14 - Final Provisions

14.1 Partial nullity

If any clause of these Terms is declared null or unenforceable, the other clauses remain in full force and effect.

14.2 Waiver

The fact that OuiRace does not temporarily invoke a clause of these Terms does not constitute a waiver of the right to invoke it later.

14.3 Entire agreement

These Terms, together with the Privacy Policy and Terms of Use, constitute the entire agreement between OuiRace and the Participant.

14.4 Language

These Terms are available in French and English. In case of discrepancy, the French version prevails.

14.5 Archiving

These Terms are archived on a durable medium. Participants can download a copy at any time from www.ouirace.com/terms-of-sales

14.6 Contact

For any questions regarding these Terms:

OUIRACE SAS - Customer Service - 10 rue Guy de Maupassant - 31200 Toulouse - France