Terms and Conditions
This version is valid from: 1 July 2024
Preamble
Atleta enables organizers of (sports) events to sell products and/or services to participants of (sports) events via the services made available by Atleta. Atleta acts solely as the supplier of the e-commerce platform and is in no way a party to any agreement between the User and an End User. Atleta only serves as a platform and can therefore never be held liable for any damage that Users may suffer as a result of using the Services.
Article 1. Definitions
Atleta: a trade name of Atleta B.V. and the user of these general terms and conditions. Atleta has its registered office in Amsterdam and is registered with the Chamber of Commerce under number 34166146.
User(s): a natural or legal person who purchases Services from Atleta.
End User: a natural or legal person who purchases products and/or services from a User via an Event.
Service: the services provided by Atleta, which in any case means: the creation of Events by the User.
Event: a digital software system offered via Atleta, whereby the User can offer products and/or services that can be purchased from the User by third parties by means of a distance agreement.
Account: a unique personal account of a User which a User must have in order to create an Event.
Platform fee: the fee that Atleta charges for each product or service sold via an Event to an End User.
Resale platform: a functionality offered by Atleta on which End Users have the opportunity to resell their purchased tickets to other End Users.
Website: the website of Atleta, which can be reached via www.atleta.cc, among other URLs.
Article 2. General provisions
Users cannot derive any rights from the fact that Atleta may apply these terms and conditions flexibly at any time or does not demand strict compliance with these terms and conditions.
If any provision of these general terms and conditions is void or is annulled, the remaining provisions of these general terms and conditions will remain fully in force and Atleta and the User will consult in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose and intent of the void or annulled provision are observed as much as possible.
Atleta reserves the right to amend its general terms and conditions, also for already existing agreements. If Atleta decides to amend the terms and conditions, it will inform the User thereof one month prior to the amendment. Users are then free to dissolve the agreement from the moment the new general terms and conditions take effect or up to a maximum of seven days after the new terms and conditions have come into force.
Article 3. Registration
To create an Account you must be at least 18 years old.
By creating an Account, the User declares that the Services are used exclusively for business purposes. The Services may not be used for personal or hobby purposes.
The Services may only be used by a User established in the European Economic Area.
The User must fill in all (personal) data truthfully when registering. The User must immediately pass on any changes in (personal) data to Atleta by adjusting this data in the Account.
If a natural person creates an Account on behalf of his/her employer, an email address of the employer must be specified when creating an account and the registration is deemed to have taken place in the name of the employer.
Each User determines the login details with which access to the Account can be obtained during registration. The User is responsible for the confidentiality of these login details. If it appears that third parties gain access to the Account, Atleta is entitled to temporarily block the Account.
The User is liable for the (unlawful) use by third parties of the login details and for all actions or statements made through the Account.
Atleta is never liable for any damage that the User may suffer as a result of unauthorized access to the Account.
The User indemnifies Atleta against any claims that third parties may assert as a result of damage arising from unlawfully obtained access to the User's Account.
Article 4. Event
It is strictly forbidden for a User to offer products and/or services via an Event that in any way infringe the rights of third parties, are contrary to public decency and/or are in any way contrary to any laws or regulations.
When offering products and/or services within an Event, the User must observe all laws and regulations applicable to the sale of the products and/or services concerned. The User must adequately inform the End Users about the rights and obligations of the End Users, in accordance with the applicable regulations within the territory where the User is established.
In addition to the provisions of Article 4.2, the User must use general terms and conditions and a privacy statement and make them transparent for End Users, in order to enable End Users to take note of their rights and obligations before purchasing a product and/or service from the User.
The User may only offer products and/or services within an Event that the User delivers directly to the End User.
The User will provide the details requested by Atleta for each service and/or product offered, such as the price, stock, date and time at which a service is offered, any special details and other information that can be entered per Event.
Article 5. Agreement with End Users
The User is entirely responsible for an Event and the products, activities, promotions or other items offered or displayed there. Atleta acts exclusively as a technical e-commerce platform that enables Users to conclude agreements with End Users via a created Event. Atleta will never be a party to any agreement between the User and the End User.
If an End User purchases a service or product, the payment by the End User to the User is processed by Atleta or an external provider of payment systems; a so-called Service Payment Provider. The User is responsible for contracting a Service Payment Provider and paying any fees that this Service Payment Provider charges the User. The User must enter the account details obtained from the Service Payment Provider in the Account so that the payments made by an End User can be paid to the User after deduction of the fee(s) as referred to in Article 7 of these general terms and conditions.
The User determines the prices of the products and/or services. The User must state the prices inclusive of VAT and is responsible for the payment of taxes, etc. If the User wishes to charge service costs to the End User, the User must create those service costs as a separate product and/or service in the relevant Event.
Article 6. Use of Atleta
The Service is delivered by Atleta 'as is' to the User. Atleta has the right to modify or remove certain functionalities of the Service. Atleta will inform the User in advance about adjustments within the Service, unless prior notice cannot reasonably be expected from Atleta.
The User remains responsible at all times for fulfilling all obligations towards an End User.
The User is responsible for the proper functioning of his/her hardware and software configuration and necessary telecommunications equipment to access the Services and to communicate with End Users and/or Atleta.
The User grants Atleta an irrevocable power of attorney to use the User's business name and/or the name of an Event of the User for promotional purposes, such as displaying the User's name on the Website or displaying the name of the User's Event on the Website.
The User must respect all intellectual property rights belonging to Atleta and/or third parties.
The User is designated as 'User' within the meaning of the privacy legislation and must take appropriate measures to process the obtained personal data in accordance with the applicable laws and regulations.
Personal data processed by Atleta as being 'User' will be processed in accordance with the privacy statement of Atleta. If Atleta is designated as 'Processor' within the meaning of the privacy legislation, the processor agreement, as included in Article 12 et seq. of these general terms and conditions, applies.
The User must refrain from behavior that could delay or limit the functioning of the Website or Atleta's systems.
If the User acts in violation of any provision of these general terms and conditions, Atleta has the right to immediately block and delete the User's Account and associated Events, without Atleta being obliged to pay any form of compensation.
Article 7. Fee
Atleta will charge a platform fee for every product or service sold via an Event to an End User.
The User can choose between the following options with regard to the payment of the fee referred to in Article 7.1:
a) Atleta will offset the platform fee against the amount paid by the End User for the purchase of products and/or services via an Event of the User, and this amount will be deducted from the purchase amount of the relevant services and/or products due to the User;
b)
I. Atleta will pass on the platform fee to the End User. The amount paid by the End User for the purchase of products and/or services via an Event of the User is increased by the platform fee.
II. The End User is obliged to pay the amount for the purchase of products and/or services via an Event of the User to the User. The End User is obliged to pay the platform fee to Atleta.
III. The End User receives two separate invoices for the amount paid by him for the purchase of products and/or services via an Event of the User.If a User uses the option mentioned under Article 7.2 under b, Atleta will not charge any costs for the Services.
Atleta reserves the right to change the fee due at any time, but only after a notification has been sent to the User announcing the change.
If an End User, for whatever reason, claims a refund of the amount paid by the End User from the User, the fee remains due to Atleta.
Atleta will never be obliged to refund a fee to the User or the End User, unless Atleta has failed to perform the obligations resting on it and can therefore be held to refund the fee on the grounds of breach of contract.
In the event that Atleta collects an incorrect fee for any reason, this does not release the User from the payment obligations set out in this article. Atleta will offset an incorrectly charged fee against the next fee due to Atleta.
Atleta will provide the User with insight into the number of services and/or products sold per Event and the fees withheld by Atleta as referred to in this article by means of a report or invoice.
Article 8. Resale platform
End Users can resell the ticket they have received for the purchase of products and/or services via an Event of the User to other End Users via Atleta's Resale platform.
The selling End User must be entitled to sell the ticket.
The selling End User may, as long as his offer has not been accepted, withdraw his offer to sell the ticket at any time.
The selling End User determines the prices of the products and/or services they wish to sell. Atleta will increase the price for the products and/or services that the selling End User wishes to sell by a percentage of 5%.
The buying End User is obliged to pay the amount chosen by the selling End User for the purchase of products and/or services via an Event of the User, increased by the percentage of 5%, to the User.
Atleta will offset the 5% percentage against the amount paid by the buying End User for the purchase of products and/or services via an Event of the User, and this amount will be deducted from the purchase amount of the relevant services and/or products due to the User.
As soon as a buying End User has paid the amount chosen by the selling End User for the purchase of products and/or services via an Event of the User, increased by the percentage of 5%, the old ticket will be deactivated and the buying End User will receive a new ticket for the products and/or services via an Event of the User.
The selling End User receives a refund of 95% of the chosen amount for the purchase of products and/or services via an Event of the User after the buying End User has paid the amount chosen by the selling End User for the purchase of products and/or services via an Event of the User, increased by the percentage of 5%.
Atleta reserves the right to change the percentage referred to in this article at any time, but only after a notification has been sent announcing the change.
In the event that Atleta collects an incorrect percentage as referred to in this article for any reason, this does not release the buying End User from the payment obligations set out in this article.
If a buying End User, for whatever reason, claims a refund of the amount paid by the buying End User from the User, the percentage referred to in this article remains due to Atleta.
Atleta will never be obliged to refund a fee to the User or the End User, unless Atleta has failed to perform the obligations resting on it and can therefore be held to refund the fee on the grounds of breach of contract.
Article 9. Termination
The Service is purchased for an indefinite period. The User can terminate the Service at any time.
After termination, Atleta will delete all of the User's Events. The Account will remain accessible to enable the User to view historic transactions.
Atleta may terminate the Service unilaterally, without notice of default and without judicial intervention, by written notice with immediate effect, in whole or in part, if urgent reasons arise, which in any case include cases in which:
The User is granted a (temporary) suspension of payments;
Bankruptcy is applied for or declared in respect of the User;
The User acts in violation of public order or public decency, or any obligation arising from the agreement with Atleta;
The User infringes the rights of third parties;
The User acts in violation of reasonable guidelines or instructions from Atleta;
The User does not respond to correspondence by email, telephone and/or in writing, whether or not by registered letter;
Atleta will never be liable for any compensation due to this termination, as stipulated in Article 9.3.
If the User has already received performances in execution of the agreement at the time of dissolution, these performances and the related payment obligations will not be subject to reversal. Amounts that Atleta has invoiced before the dissolution in connection with what it has already performed or delivered in execution of the agreement will remain due without prejudice, with due observance of the provisions of the previous sentence.
Article 10. Liability
Atleta can never be held liable for the inaccessibility of the Website or the Service.
Atleta will not be liable for any damage that a User may suffer as a result of the inaccuracy of information and content provided by Users and/or End Users.
Atleta cannot be held liable for content distributed by a User that is in violation of the rights of third parties.
In the event that Atleta is held liable for non-compliance with obligations by a User, which rest on a User by law or under these terms and conditions, the User will fully indemnify Atleta.
Atleta will never be liable for any damage that an End User may suffer as a result of using the Service. If an End User holds Atleta liable, the User with whom the End User concerned has concluded an agreement via the Service will fully indemnify Atleta.
Atleta is entitled to temporarily decommission its systems in whole or in part within the framework of (replacement) maintenance, without being liable to pay any compensation or costs to the User in this regard.
In the unlikely event that Atleta is nevertheless liable for any damage, this liability is limited to the amount paid out in the case concerned under the insurance policy concluded by Atleta. If no payout takes place under the insurance policy mentioned in the previous sentence, the liability of Atleta will in that case be limited to an amount of €2,500 (say: two and a half thousand Euros).
Article 11. Intellectual property
All intellectual or industrial property rights to all services developed or made available by Atleta, including but not limited to; Website, logos, images, photos, animations, video images and text, rest exclusively with Atleta or its licensors.
The proprietary rights of Atleta described in Article 11.1 may not be used in any way by the User without Atleta's explicit permission.
If a User infringes any intellectual property right of Atleta, the User will owe Atleta a fixed and immediately payable penalty of at least one thousand Euros. Atleta thereby reserves its right to claim full compensation.
Article 12. Applicable law and dispute
All legal relationships between the User and Atleta are governed exclusively by Dutch law.
The User and Atleta will only appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Complaints from a User will be handled with the utmost care and confidentiality by Atleta, whereby Atleta strives to handle a submitted complaint within 14 days of receipt.
Unless the rules of mandatory law prescribe otherwise, the court in Amsterdam will have exclusive jurisdiction to hear disputes between Atleta and the User.
Article 13. Processor agreement
In addition to the provisions of the preceding articles, Atleta and the User wish to agree on the following conditions as set out in Articles 13 to 23 with regard to the processing of personal data.
User is designated as 'Data Controller' within the meaning of privacy legislation and Atleta is designated as 'Processor' within the meaning of privacy legislation.
Atleta will comply with the obligations resting on it on the basis of the Regulation.
User will comply with the obligations resting on him as data controller on the basis of the Regulation.
The personal data to be Processed by Atleta under the responsibility of the User are attached as Appendix 1 to this Processor Agreement.
Article 14. Further definitions
Regulation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Processor Agreement: the agreement referred to in Article 28 paragraph 3 of the Regulation.
User: the Data Controller as referred to in Article 4 paragraph 7 of the Regulation.
Data Subject: a natural person to whom the personal data to be processed relate.
Process/Processing: the processing of personal data as referred to in Article 4 paragraph 1 of the Regulation by Atleta.
Sub-processor: a third party engaged by Atleta who will process personal data on behalf of Atleta.
Data Breach: a security incident as referred to in Article 4 paragraph 12 of the Regulation.
Article 15. Purpose of the agreement and general provisions
The Parties have entered into an agreement in which Atleta has committed to providing (online) software systems to the User. This Processor Agreement is entered into to establish the conditions under which the User will have personal data Processed in the ICT environment offered by Atleta.
Processing of personal data by Atleta will only take place in the context of the execution of the agreement mentioned in Article 15.1. The User determines which personal data are processed by Atleta and to which categories of Data Subjects this Processing relates. Atleta has no control over the way in which the User has this personal data Processed.
Atleta processes the personal data exclusively for the User and processes it exclusively on the basis of written instructions from the User.
The personal data to be Processed remain the property of the User and/or the Data Subject at all times.
The User is responsible for compliance with all relevant laws and regulations regarding the Processing of personal data. The User declares to keep a register, as referred to in Article 30 of the Regulation, in which the Processing by Atleta is documented. Atleta and the User agree that Atleta will only process the personal data for the purposes as recorded in the register kept by the User.
Changes with regard to the purposes of the Processing must be submitted in writing by the User to Atleta.
Article 16. Security
Atleta guarantees that, taking into account the requirements set out in Article 32 of the Regulation, it will take appropriate technical and organizational measures to achieve an adequate level of security.
The technical and organizational measures taken by Atleta to secure the personal data are included as Appendix 2 to this Processor Agreement.
Any additional technical and organizational measures taken by Atleta to secure the personal data will be communicated to the User in writing.
The User declares that the technical and organizational measures taken by Atleta to secure the personal data are sufficient, given the state of the art, the nature, scope, context and purposes of processing and the risks of varying likelihood and severity for the rights and freedoms of natural persons.
Atleta cannot guarantee that the security measures are adequate at all times and can therefore accept no liability for any damage arising as a result of a Data Breach or security incident.
Article 17. Audits
The User has a legal duty to supervise compliance with all relevant laws and regulations regarding the Processing and is responsible for supervising the Processing at Atleta.
The User is entitled to check (or have checked) the Processing of personal data by Atleta at any time. Atleta will, at the first request of the User, provide insight into the Processing and the way in which Atleta implements and executes the measures taken as referred to in Articles 16.2 and 16.3.
If the Controller has the audit referred to in Article 17.2 carried out by a third party, this third party must have the written permission of the User.
The moment at which the User or the third party engaged by the User can proceed with the audit of the Processing by Atleta is determined in consultation between Atleta and the User. Atleta will allow the User or the third party engaged by the User access to the information to be audited no later than ten days after the first request by the User.
All information that becomes known to the User or the third party engaged by the User during the audit will be treated as strictly confidential by all parties.
The costs for the audits referred to in Articles 17.2 to 17.5 are borne by the User, unless any audit shows that Atleta has failed to comply with any obligation under this Processor Agreement with the User. In that case, the costs for that audit, provided they are reasonable, will be borne by Atleta.
Article 18. Sub-processors
Atleta is entitled to engage Sub-processors. By signing this Processor Agreement, the User gives permission for Atleta to engage the Sub-processors as referred to in Appendix 3 of this agreement.
The User remains entitled to attach conditions to the Processing by the Sub-processors as referred to in Article 18.1.
Atleta remains the point of contact for the User AND remains responsible for the Processing by Sub-processors.
Atleta guarantees that an agreement has been or will be concluded between Atleta and Sub-processors, whereby the obligations resting on Atleta arising from this Processor Agreement are also declared applicable to the Sub-processors. At the first request of the User, Atleta will provide insight into these agreements.
Processing by the Sub-processors referred to in Article 18.1 takes place exclusively within the European Union, unless Atleta has requested the User's written permission to have the Processing take place outside the European Union and the User has given permission for this.
Article 19. Duration and end of agreement
This agreement is entered into for the same duration as the underlying agreement referred to in Article 15.1. At the moment this underlying agreement ends, this Processor Agreement will also end without termination being required.
As soon as this Processor Agreement ends, Atleta will cease Processing, even if the underlying agreement as referred to in Article 15.1 has not yet been (legally) terminated.
Amending this Processor Agreement can only take place in writing.
At the moment the Processor Agreement between Atleta and the User ends, Atleta will transfer all personal data made available by the User to the User. In doing so, Atleta will transfer the personal data in such a way that the requirements set out in Article 20 of the Regulation are met.
In exception to the provisions of Article 19.3, Atleta will, at the explicit and written request of the User, destroy the personal data made available.
The transfer or destruction of the available personal data on the basis of Article 19.3 or 19.4 will have taken place by Atleta within fourteen days, unless Atleta has compelling reasons why this term cannot be met and Atleta informs the User in writing about this.
The User is entitled to dissolve this Processor Agreement immediately in whole or in part if:
Atleta applies for (temporary) suspension of payments;
Atleta applies for its bankruptcy or is declared bankrupt;
the company of Atleta is dissolved;
Atleta ceases its business activities.
Article 20. Obligation to report data breaches
If a Data Breach occurs, Atleta and the User are obliged to report this to each other in writing within 12 hours of discovery. This notification will be made directly to the other party by email.
Following a report of a Data Breach, the User is obliged to check whether the Data Breach must be reported to the Dutch Data Protection Authority on the basis of Article 33 paragraph 1 and/or Article 34 of the Regulation.
Article 21. Rights of Data Subjects
If a Data Subject wishes to exercise any right he/she has under the Regulation and contacts Atleta to exercise this right, Atleta will refer this Data Subject to the User.
If the User approves the exercise of this right as referred to in Article 21.1, Atleta will cooperate at the first request of the User. If Atleta incurs costs in doing so, these will be charged to the User.
Article 22. Confidentiality
Atleta, the personnel employed by Atleta or third parties engaged by Atleta are obliged to maintain confidentiality with regard to all personal data they can take note of as a result of the Processing.
Should Atleta be required to violate the confidentiality obligation mentioned in Article 22.1 on the basis of a legal duty, Atleta will immediately inform the Controller about this, unless a legal provision prohibits this.
Article 23. Liability
The Processing of personal data is carried out within an automated environment on the systems made available by Atleta, but falls entirely under the responsibility of the User. The Processing takes place on the basis of instructions given by the User to Atleta. The User therefore indemnifies Atleta against all claims for compensation that Data Subjects or third parties may assert as a result of a failing attributable to the User in the fulfillment of the contractual and/or legal obligations resting on him.
If Atleta fails to comply with any obligations arising from this agreement, the User must give it written notice of default and offer it a reasonable period to still comply with its obligations.
Should Atleta be held liable for any damage that the User may suffer as a result of a failing attributable to Atleta in the performance of this Processor Agreement, this liability is limited in accordance with the provisions of Article 9 of the general terms and conditions.
Appendix 1
The personal data to be processed by Atleta are:
First and last name;
Email address;
Date of birth;
Gender;
Address;
Phone number;
Emergency phone number;
Other personal data that User asks of End User.
Appendix 2
The technical and organizational measures taken by Atleta to secure the personal data to be Processed in Appendix 1 are:
Firewall;
Two-step authentication;
Secure network connections (TLS);
Sole use of ISO27001 certified Sub-processors (see Appendix 3).
Appendix 3
The Sub-processors to be engaged by Atleta are:
DigitalOcean, LLC (data centre in Amsterdam);
Mailgun Technologies, Inc. (EU servers);
Amazon Web Services EMEA SARL (EU servers).
