Terms of sale

These Terms of Sale (hereinafter the "Terms") set out the activities of Group-E SRL, operating the Time2Race brand (hereinafter "Time2Race"), and govern the relationships that Time2Race maintains with Organisers, on the one hand, and with Participants, on the other hand.

Role of Time2Race. Time2Race sells registrations in its own name but on behalf of the Organiser (commission agent contract). In this capacity, Time2Race acts as merchant of record (merchant of record) for collecting the price and remitting the sums to the Organiser. The Organiser remains solely responsible for the organisation and the proper performance of the Event towards the Participants and bears the economic risk associated with refunds and cancellations. Time2Race is not responsible for disputes relating to the conduct of the Event, which fall within the Organiser's remit.

The version of the Terms applicable between Time2Race and the Organiser is the one in force at the time the contract between them is concluded (hereinafter the "Contract").

The version applicable between Time2Race and the Participant is the one in force at the time the Participant's registration and payment are finalised; this version is frozen for that registration and cannot be modified subsequently to the Participant's detriment.

Save for prior written acceptance, Time2Race does not recognise any diverging terms and conditions proposed by the Organiser or the Participant.

Time2Race offers organisers of timed sporting events (hereinafter the "Organiser(s)") a complete solution enabling them to manage the registrations for their events (hereinafter the "Event(s)"), to carry out the timing and to produce the results and rankings. Time2Race also enables runners (hereinafter the "Participant(s)") to centralise their data, their registrations (past and future) and their performances on the platform developed for that purpose (hereinafter the "Platform").

Time2Race is a brand of Group-E SRL, whose registered office is established at Rue du Panorama 13, 1331 Rosières (Belgium), registered with the Crossroads Bank for Enterprises under number 0837.215.413 (VAT: BE 0837.215.413).

The Organiser entrusts Time2Race with the task of issuing and selling digital registrations (hereinafter the "Registration(s)") in its own name but on behalf of the Organiser. These services are the subject of a Contract and are performed in accordance with these Terms.

Time2Race collects the price of the Registrations from the Participants in its capacity as merchant of record and remits the proceeds to the Organiser in accordance with Article 4. The Organiser assumes full responsibility for the organisation of the Event towards the Participants.

A duly paid Registration embodies an admission or participation right allowing the Participant to benefit from the service offered by the Organiser, which may include timing during the Event.

Timing equipment. Time2Race makes available (lends) to the Organiser the timing equipment necessary for the Event. The Organiser uses it autonomously, under its own responsibility for the entire duration of the loan, in accordance with the installation guide provided. At the Organiser's request, a Time2Race representative may travel to install and calibrate the equipment on site, at an additional cost established by quotation. The conditions of custody, return and liability for the loaned equipment are set out in Article 17.

Discount vouchers and/or free Registrations may be made available to Participants by Time2Race at the Organiser's written request.

The Platform offers the Organiser an online administration area (access by username and password) allowing it to create and configure Events and the Registrations relating to them. An Event may contain several Registrations (e.g. 10 km, 20 km); a Registration can only be linked to a single Event. The Organiser ensures that it does not make available more Registrations than the maximum capacity of the Event. The real-time state of sales can be consulted on the Platform.

At the Organiser's written request, Time2Race may carry out the configuration of the Event, on terms (cost, timeframes) that it will communicate; the Organiser then provides, in writing and exhaustively, all the necessary information.

An Organiser who uses Time2Race for the sale of digital registrations uses only the Platform for that purpose. It undertakes not to present the Events in a misleading manner; Time2Race is not required to verify the accuracy of the information provided by the Organiser.

The Organiser alone determines the sale price of the Registrations and may add Registrations relating to optional Products and Services (e.g. T-shirt, pasta party).

Time2Race's remuneration is secured, at a minimum, by the creation of the Event on the Platform, a contribution to the costs determined per timed runner, as well as the coverage of the online payment fees of its payment service provider. The making available (loan) of the timing equipment is included in the chosen package; on-site installation by a Time2Race representative constitutes, where applicable, an optional service billed in addition, by quotation. Other forms of remuneration are possible depending on the options chosen. The list of rates appears in the "our services" section of the website; the rates applicable to an Event are frozen at the time the Contract relating to that Event is signed.

In the event of cancellation of the Event by the Organiser involving the return of all or part of the price of the Registrations sold, Time2Race will not charge the contribution to the costs per runner (nor, where applicable, the on-site installation service) provided that the cancellation occurs no later than 90 days before the scheduled date. After this deadline, these fees remain due, Time2Race being able to waive them, in whole or in part, at its discretion, according to the circumstances of the cancellation. In all cases, the payment fees of the payment service provider as well as Time2Race's remuneration remain acquired and are borne by the Organiser.

The remuneration includes, unless otherwise stipulated, VAT. The Organiser remains free to offer options or alternatives within the price of its Registrations (e.g. cancellation insurance, accommodation); the activation or deactivation of these options falls within its sole responsibility.

Payment of the price of the Registrations. Unless otherwise agreed and formalised in the Contract, Time2Race remits to the Organiser the proceeds of the Registrations collected every 15 days, namely the first business day from the 1st and the first business day from the 16th of each month. Given the unavoidable interbank delays, the actual credit generally takes place 1 to 3 days later. For the first payment, an additional delay linked to security checks is to be expected. The Organiser has access at any time, via its account, to the summary of sales.

If the Organiser provides incomplete or erroneous bank details, details denominated in a currency different from that of the sales, or does not provide them, Time2Race cannot proceed with the payments. The interbank transaction fees linked to a non-Belgian account are borne by the Organiser.

Reserve, retention and set-off. Time2Race is authorised to retain, set off or constitute a reserve on the sums due to the Organiser in order to cover: unpaid amounts and payment rejections (Article 5), refunds to be made or reasonably foreseeable (Article 8), sums due to Time2Race on any basis whatsoever, as well as the risk linked to an Event not yet held. This right is exercised including over sums arising from other Events of the Organiser, in accordance with Article 22 (Set-off).

Invoicing mandate. Time2Race's invoices are sent by email and payable within two weeks of their dispatch, this period also applying to any disputes. After this period, Time2Race may send a reminder and charge reminder fees. After four weeks from the initial invoice, Time2Race reserves the right to refer the matter to the competent courts designated in Article 22.

Time2Race is responsible towards the Organiser only for the proper performance of its mission as commission agent, that is to say the sale and collection of the Registrations in its own name on behalf of the Organiser. Time2Race cannot be held responsible for the faults of the Participants, including the non-payment of the price of the Registrations.

The Organiser undertakes to bear, without exception and for whatever reason, all card payment rejections (hereinafter the "Unpaid amounts"). As a reminder, a card transaction may become unpaid when the cardholder disputes the operation with their bank (opposition, theft, loss, non-recognition, misuse); the cardholder's bank then cancels the operation and debits the account that had been credited — in this case that of Time2Race.

In the event of an Unpaid amount already paid to the Organiser, Time2Race will seek, without any obligation of result, an amicable settlement with the Participant. Failing settlement within one month of the notification of the Unpaid amount by the bank, Time2Race will invoice the Unpaid amount to the Organiser, or set it off or retain it against the sums due, in accordance with Articles 4 and 22. The Organiser releases Time2Race from all liability in the event of failure of the technical anti-fraud devices and undertakes to indemnify it for all costs of recovering Unpaid amounts.

When it creates an Event, the Organiser may itself create the various Registrations. For each Registration, it determines the unit price, the maximum number of sellable Registrations, as well as the dates and times. Thus, during a marathon, a Participant will be able to buy several "pasta party" Registrations for their companions but only one race Registration over a given distance.

The Organiser may disseminate its own terms of sale and its regulations to the Participants via Time2Race's interface. These terms must be compatible with these Terms; failing that, Time2Race's Terms prevail.

Modification. If an Event is substantially modified (date, time, place, programming) while Registrations have been sold or are still offered for sale, the Organiser informs Time2Race without delay. In the event of a change of date, Time2Race cannot guarantee the availability of the timing equipment; the Organiser is invited to contact it before setting a new date. The Organiser assumes full responsibility for the consequences of any substantial modification.

Cancellation. The financial regime of the cancellation is governed by Article 3. The Organiser assumes full responsibility and the consequences of the cancellation of its Event.

Obligation to refund. The obligation to refund to the Participants the full price paid in the event of cancellation of the Event is an obligation of the Organiser and, where applicable, of its legal representative. Time2Race carries out the refunds on behalf of the Organiser, within the limit of the sums held or advanced by the latter for that purpose.

Fees on refunds. On any refund, whoever the initiator (Organiser, Participant or cancellation), the payment fees of the payment service provider and Time2Race's remuneration remain acquired, are not refunded and are borne by the Organiser; Time2Race deducts them before remittance or refund.

Refund at the Participant's request. The Organiser may, without being obliged to do so, allow the Participant to cancel their participation within a time window that it sets when the Registrations are issued. Requests are addressed by the Participant to the Organiser, who informs Time2Race of its decision. This article covers the contractual refunds offered by the Organiser, distinct from the legal right of withdrawal dealt with in Article 24 bis.

Insurance. Time2Race does not offer insurance covering refunds; an Organiser who wishes to take out such insurance does so outside its relationship with Time2Race.

Time2Race remains the owner of the design of the website and of the software it has produced. The Organiser recognises the website and the registration service as works of the mind and undertakes not to copy, reproduce, transcribe, translate, adapt or distort them, in whole or in part, by any means whatsoever. Any content (texts, graphics, logos, trademarks, features, images, sounds, data, photographs) included on Time2Race's websites, other than content posted by an Organiser, is the exclusive property of Time2Race and is protected by intellectual property law. This content may not be downloaded, copied, modified, distributed, transmitted, rented, sold or exploited without the express written consent of Time2Race.

Hosting of the Organiser's content. By making content accessible on Time2Race's websites (the "Organiser Content"), the Organiser accepts that the public and the Participants may, free of charge and for personal purposes, view and share it throughout the duration of its hosting. Given the specific features of the Internet, Time2Race cannot be held responsible for any misappropriation or hacking of the Organiser Content. The data present on Time2Race's websites are only accessible to third parties for the purposes of the marketing of the Registrations and of Time2Race's services.

By providing content on Time2Race's websites, the Organiser complies with the legal and regulatory provisions in force and ensures that this content does not infringe the rights of third parties. It is prohibited to use Time2Race's services to organise illicit events, or to disseminate content contrary to public decency or public order, in particular inciting discrimination, hatred or violence, or of a defamatory, pornographic or child-pornographic nature. In the event of infringement, the Organiser Content may be removed and the account deactivated without prior formality, without prejudice to damages. Time2Race does not assume responsibility for the content, data and information provided by the Organiser.

In the event of a scheduled interruption for maintenance, security or storage management, Time2Race informs the Organiser within a reasonable time and indicates the foreseeable duration of the interruption. Time2Race endeavours to schedule these operations between midnight and 5 a.m. (GMT+1). The Organiser undertakes to notify without delay any malfunction observed so that it may be repaired as quickly as possible.

The Organiser certifies that it holds all the rights (in particular intellectual property and exploitation rights) required over the works used for the promotion or during the Event, the right to distribute the Registrations relating to the Event, and all the authorisations required for its organisation. It indemnifies Time2Race against any action by third parties in this regard. It declares that it is not bound by any exclusivity agreement concerning the sale of the Registrations and that it can freely use Time2Race's services.

The Organiser declares that it takes responsibility for the proper organisation of the Event and that it complies with all the applicable regulations (safety, sale of beverages, tax and social provisions). It authorises Time2Race to use its name, its logo and those of its Events as commercial references, save for written objection.

The Organiser declares that it has full legal capacity to conclude the Contract and that it is not subject to any insolvency, reorganisation or liquidation proceedings. It undertakes to inform Time2Race without delay of any circumstance affecting its legal or financial capacity. In the event of a false declaration, the natural person signing on behalf of a legal person personally and jointly bears the consequences.

Time2Race issues the Registrations in its own name, in accordance with the configuration carried out by the Organiser or by itself on instructions. It complies with the legal provisions relating to the issuance of registrations and keeps the records of receipts in chronological order, accessible online via the Organiser account. It ensures the confidentiality of the information designated as confidential and reports without delay any difficulty encountered in the sale of the Registrations.

Time2Race cannot be held responsible for the impossibility, for the Organiser or for the Participants, of accessing the Platform due to difficulties linked to the Internet network or to any other cause beyond its control, nor for incorrect configuration of the Platform by the Organiser. Time2Race grants no warranty of suitability of its services to the particular expectations or needs of the Organiser.

Cap. Time2Race's total liability towards the Organiser, all heads of loss combined, is capped at the amount of the remuneration received by Time2Race in respect of the Event concerned during the twelve (12) months preceding the triggering event.

Mandatory reservation. No stipulation of these Terms excludes or limits Time2Race's liability in the event of wilful misconduct, gross negligence, or harm to life or physical integrity, nor any liability that cannot be set aside under mandatory Belgian law.

The Organiser keeps its username and password secret and cannot engage Time2Race's liability in the event of fraudulent use of them. It ensures the accuracy of its bank details. The Organiser that is a legal person communicates without delay any change to its name, its registered office, its billing address, its legal form, its bank details or its VAT number; the Organiser that is a natural person is subject to the same obligations for changes of situation. It informs Time2Race of any event likely to lead to a cancellation and undertakes not to harm Time2Race's image.

The Organiser may add the logos of a sponsor on the page of its Event or in its emails, subject to Time2Race's written consent. Time2Race may refuse a sponsor incompatible with its values (for example a tobacco supplier).

The timing equipment is loaned to the Organiser for autonomous use. It remains under the custody and responsibility of the Organiser throughout the duration of the loan and must be returned in the condition in which it was handed over. Any anomaly not recorded in the handover report, any damage, or any non-return is invoiced to the Organiser (repair or replacement costs, including loss of earnings). An anti-theft device is provided and must be activated by the Organiser. The on-site installation of the equipment by a Time2Race representative constitutes an optional service billed by quotation.

The Contract is concluded for a fixed term and ends when all the Events marketed by the Organiser via Time2Race have taken place. It takes effect on the date of its acceptance by the Organiser. Time2Race may terminate as of right, without notice, in the event of a breach by the Organiser of one of its obligations, in particular in the event of infringement of the rights of third parties, dissemination of illicit content, non-compliance with the rules on refunding Participants, or conduct harming Time2Race's image. The termination is pronounced without prejudice to damages.

The Organiser declares that it is informed of the risks inherent in the dissemination of content via the networks, even if Time2Race implements the usual security standards (HTTPS, SSL certificate). The Organiser undertakes to switch on the timing antennas at a location with a 4G connection, so that they can synchronise on a time zone; without a connection, no timing can be delivered. The installation guide must be scrupulously followed.

Time2Race is authorised to include the Organiser's name on its list of commercial references, save for the express written objection of the Organiser.

Time2Race processes, as data controller, the personal data of the Organiser that creates an Event on the Platform; Organisers are invited to consult Time2Race's Privacy Statement. When a Participant takes part, as a runner, in an Event whose timing is provided by Time2Race, the latter acts as processor for the Organiser, which is the data controller in the broadest sense and informs the Participants of the processing that it carries out.

Non-performance. In the event of non-performance by one of the Parties, the aggrieved Party may not itself have the obligation performed at the debtor's expense without a prior decision.

Assignment. The Organiser may not assign the Contract without the express, prior written consent of Time2Race. Time2Race may assign the Contract without the prior authorisation of the Organiser; such an assignment is recorded in writing.

Entire agreement. The Contract, of which these Terms form an integral part, expresses the entirety of the rights and obligations of the Parties and cancels any prior agreement. The possible nullity of a clause does not affect the other stipulations, which retain their full effect; the Parties will endeavour to replace the invalidated clause with a clause of equivalent effect.

Set-off. Time2Race may set off any sum due to the Organiser in respect of the sale of Registrations against any sum due to Time2Race, on any basis whatsoever, including between different Events of the Organiser and including to constitute the reserves referred to in Article 4.

Dispute resolution and applicable law. The Contract is subject to Belgian law. Any dispute relating to its interpretation, its performance or its termination that cannot be resolved amicably falls within the exclusive jurisdiction of the courts and tribunals of the judicial district of Walloon Brabant. This exclusive jurisdiction clause does not apply to the consumer Participant, for whom the protective jurisdiction rules of consumer law apply.

In the event of modification of these Terms, the Organiser is informed by electronic mail; the modifications take effect 10 clear days after their notification, unless they are imposed by law. These modifications do not apply retroactively to the detriment of Participants already registered: the version applicable to each registration remains the one frozen at the time of payment. Any tolerance in the application of the Contract does not constitute a modification of it.

Identity of the seller. The reference seller of the Registrations is Group-E SRL (Time2Race brand), Rue du Panorama 13, 1331 Rosières, BCE 0837.215.413, VAT BE 0837.215.413, email admin@time2race.be.

Role and responsibility. Time2Race sells the Registrations in its own name but on behalf of the Organiser and acts as merchant of record for the collection. The Organiser is solely responsible for the organisation and conduct of the Event. Consequently:

• any complaint relating to the conduct of the Event (content, organisation, safety, on-site services) is addressed to the Organiser, who is solely responsible;
• any complaint relating to the Platform, to the payment collected by Time2Race or to a refund held by Time2Race may be addressed to Time2Race.

Pre-contractual information. Before any paid registration, the Participant receives, in a clear manner: the essential characteristics of the registration and of the options, the total all-inclusive price, the terms of payment and performance, the identity and contact details above, as well as the information relating to the right of withdrawal (Article 24 bis). Time2Race invites each Participant to consult the Organiser's regulations and Event conditions before registering.

The registration for an Event relates to a leisure activity provided on a specific date or for a specific period of performance. In accordance with Article VI.53, 12° of the Code of Economic Law, the Participant does not benefit from the 14-day right of withdrawal for such a registration. The Participant is informed of this and expressly accepts it before payment. Since the economic risk linked to a cancellation request is borne by the Organiser, this exception applies in accordance with the case law of the Court of Justice of the European Union (Eventim judgment, C-96/21).

Any complaint may be addressed to Time2Race (admin@time2race.be) or to the Organiser, according to the allocation in Article 24. Time2Race does everything possible for prompt handling. Failing an amicable solution, the consumer Participant may have recourse to the Consumer Mediation Service (North Gate II, Boulevard du Roi Albert II 8 box 1, 1000 Brussels — contact@mediationconsommateur.be) or, for a cross-border dispute, to the network of European Consumer Centres.

The person who creates a profile (the "User Account") on the Platform becomes a Participant and undertakes to comply with the following rules:

• the data communicated must be accurate and kept up to date (for example in the event of a change of email address);
• the password is strictly personal and confidential; in the event of communication to a third party, whether voluntary or not, the Participant is responsible for the use made of it;
• a Participant may have only one Time2Race profile;
• each Participant is linked to a single email address and a single bib number;
• the Participant undertakes not to use Time2Race's communication tools to convey racist, sexist, extremist remarks or remarks contrary to Time2Race's values.

In the event of non-compliance with these obligations, Time2Race reserves the right to delete the profile, subject to the Participant's rights.

Time2Race processes the personal data of the Participants in accordance with its Privacy Statement. When a Participant takes part, as a runner, in an Event whose timing is provided by Time2Race, the latter acts as processor for the Organiser, which is the data controller within the meaning of the GDPR, and to whom it falls to inform the Participants of the processing that it carries out.