Terms y conditions
1. Objective and scope
Tuejasol Diecisiete S.L.U. (Hereafter, the “Company”), with CIF (Tax ID) B97784532, registered in the Mercantile Registry of Valencia in Volume 8519, Page 140, Sheet V-116258, and registered address at C/ San Francisco de Borja 10-3, Valencia provides the service of assistance in race planning (the “Service“) through a software available via the company’s “Website” [https://app.gretelplanner.com/tracks] which will be accessible to users from the page (the “Users” or “User”, as applicable).
The races available are those whose organisers have contracted the Service (hereafter, the “Organiser”).
By using the Company’s services, the Organiser and Users, in their relevant capacity, show they comply with the fact that these terms and conditions (the Ts and Cs) apply from the time they make use of the Company’s Service. These Ts and Cs will equally apply to any document produced by the Company’s systems.
2. Representations and guarantees of the User. Exemption from liability.
The User’s health is fundamental for the Company.
The Services provided by the Company are based on the information provided by the Organiser of each race, the information provided by the User, as well as the recommended ratios of consumption contained in https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4008807/, without the Company knowing the Client’s personal circumstances.
The User must consult their doctor regarding their sports activities and food habits. The Services supplied by the Company do not replace the User’s doctor, neither is the Company liable for what the User decides to do, since the Services are limited to facilitating the User in planning their race in accordance with their own decisions and parameters. The Services do not constitute sports, medical or pharmaceutical advice, and they do not aim to replace the advice that these professionals give to the User.
The appearance of information in red or blue means that it is above (blue) or below (red) the average parameters recommended which appear in the following document [https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4008807/] and in no way are they adapted to the personal conditions of the User which are unknown.
By accepting these Ts and Cs, the Organiser and the User demonstrate that the User is solely responsible for their own health.
The User knows that all of the race information has been provided to the Company by the Organiser. Therefore, any omission, inaccuracy, change of route or error in the information is the Organiser’s responsibility. The Company is limited to communicating information that the Organiser passes on.
The Company is not responsible for the inaccuracy of the information provided by the Organiser.
The User demonstrates that they use the Services under their exclusive responsibility which implies that the following are the user’s responsibility:
(a) The use related to any hardware (e.g., smart phone, pulse rate function, sports watches, etc.).
(b) The downloading of content of the User and third parties.
(c) In relation to external content, the Company does not make representations or guarantees related to external links, banners or other information or with marketing offers that may be available to the User. All contractual agreements made between the User and an external provider, for example through linked websites or banners, will lead to a contractual relationship established solely between this user and the external provider. The Company does not make any representations or offer guarantees related to the products or services of external providers.
The User expressly states that they release the Company, its employees, agents and collaborators from any liability for claims, proceedings, damages and other liabilities of any type, known or not, foreseeable or not, disclosed or not, which are the cause of or are in any way related to the aforementioned representations and guarantees.
Expresamente el Usuario manifiesta que libera de toda responsabilidad a la Compañía, a sus empleados, agentes y colaboradores de reclamaciones, demandas, daños y otras responsabilidades de cualquier tipo, conocidas o no, predecibles o no, reveladas o no, que traigan causa de o estén de alguna manera relacionadas con las antedichas manifestaciones y garantías.
The Company will only be liable for the damage that may be caused directly to the Organiser derived from a breach of these Terms and Conditions by the Company or in the services provided.
3. Payment of the service and invoicing
For a specific race to be available for Users and for them to be able to use the Services, the Organiser must subscribe to a prior agreement with the Company and pay the agreed price. In the event of a breach of the agreement by the Organiser, the Company reserves the right to remove the race from the Website and interrupt the Services. In this case, the damages and harm that may be caused to the Users will be the sole and exclusive responsibility of the Organiser.
4. Acceptance of the User by the Company
The User demonstrates and guarantees they are of legal age and with full capacity to act. If they are under the age of 18, they must register with the authorisation of their father, mother, or guardian and use the Website under their supervision.
The Company reserves the right to reject and Service to people or entities, and to change their criteria at any time.
5. Service
Registration
To make use of the Services, the Client must open an account (the “Account”) and provide full and relevant information, and keep it up to date.
Children under the age of 18
Only people with legal capacity to formalise agreements in their own name may register on the Website.
Interruption
The Company reserves the right to interrupt the full or partial provision of Services. In this case, the Company will notify Users wherever possible.
Equally, once a race starts, the information entered by the user will stop being editable for this specific race, and can be viewed for 12 months afterwards. After this period, all of the information corresponding to this race will be deleted.
Content
The User grants the Company the irrevocable, free, non-exclusive and unlimited right to use the content generated, communicated, stored and published by that User.
The Company does not attribute the ownership of the content created by Users and will not supervise this content.
The Company reserves the right to delete the content created by Users without stating its reasons. In this case, the User will be notified.
Printing of the race plan made by the User
The User may edit the race information up until the start of the race. In all cases, the User may generate a pdf that they may print or view on the device they wish.
In the event that the Operator has opted for the Pro Plan, the Company will provide the Organiser with a code (the “Code”) for it to be sent to the runners registered in that race. Those Users who use the code will enable the Organiser to issue them with a copy of their race plan on hard wearing and waterproof cards.
Given the time needed to prepare the cards and issue them to the Organiser, the information and strategy included on these cards will be entered by the user before the date that will be expressly stated on the Website. After this date, the User may modify their plan, but the changes will not be reflected on the card issued by the Organiser. If the User wishes, they may print these changes in their plan themselves.
6. Acceptance of Terms and Conditions
By contracting the Service using a written form or through the electronic form provided on the Website, the Organiser and user will indicate, by ticking the corresponding box, that they agree and accept these “terms and conditions”.
The Company reserves the right to withdraw the provision of the service in cases of non-compliance by the User of the provisions of these Ts and Cs.
The Company reserves the right to withdraw the provision of the service in cases of non-compliance by the User of the provisions of these Ts and Cs.
The use of the information and data provided by the User will be processed in accordance with the Privacy Policy and Cookies Policy.
7. Access and Use of the Website
Access to the website is free for its Users.
The language used by the Company on the website and in the race instructions will be Castilian Spanish for all Users who access it through a device that has Castilian Spanish configured as their browser language. The Company does not accept liability of the non-comprehension or misunderstanding of the language of the website by the user, or its consequences.
8. Permitted conditions of use
The User may use this Website, as well as print and download extracts from it for non-commercial personal use, as long as they respect the following rules:
(i) They cannot carry out a fraudulent use of the Company’s Website.
(ii) Unless established otherwise, the copyright and the rest of the intellectual and industrial property rights on this Website and of the content published on it (including but not limited to, photographs and graphic images) belong to the Company or the licensors of the Company. These works are protected by law and agreements about intellectual property and copyright throughout the world, and all of the rights are reserved.
(iii) Modifying the digital or paper copies of any of the content they print is prohibited, and they may not use any drawing, photo or any other graphic, video or audio sequence, independently of any text that accompanies them.
(iv) They may not use the contents of this Website or the Web page itself for commercial purposes without obtaining a licence from the Company to do so. No natural or legal person, without the Company’s prior written consent, may make commercial use of the contents of this Website. The act known as “web scraping” is also prohibited.
9. Identity of the User
The company is not responsible for the veracity of the identity of the user, since personal identification through the internet is only possible within certain limits.
10. Handling of data
For the provision of the Services, the handling of User’s personal information by the Company is necessary, which will be carried out in accordance with the Website’s Privacy Policy.
11. Termination
All Users have the right to terminate the use of the Company’s Services at any time through the account settings. The company will confirm the termination with the User.
In addition, the Company reserves the right to terminate the relationship due to a breach of the provisions of these Ts and Cs by the User.
12. Legislation and Jurisdiction
Common Spanish law applies to the Service contracted.
For all of the contentious issues that may arise in the application or interpretation of these conditions, both parties are subjected to the Courts of Valencia, expressly waiving the right to any other jurisdiction that may correspond to them.