RÈGLEMENT SPORTIF ET CONDITIONS GÉNÉRALES DE VENTE

Les personnes qui accèdent à notre site web déclarent accepter les conditions suivantes.

Updated version on 10/01/2019

PREAMBLE

The Running & Triathlon events (here-in-after Sports Med Event's) are organized according to the calendars established by Sports Med Event's (SME), SARL-RC: B 235 623 2012 - MF: 1235787 GAM 000 Tunisia whose head-office is in Sfax and here-in-after referred to as the Organizer.

This document defines

(i) the Event Sporting Regulations (here-in-after referred to as the Rules),
(ii) the General Terms and Conditions of Sale applicable to any order for products or services relating to the Event placed with the Organizer via the platform of registration (hereinafter the General Conditions of Sale)
The words "you" "your", "yours" and "yours" refer to you, as a member or consumer, or as a parent or legal guardian (over 18 years of age) if that participant or consumer is underage in his or her home country residence.

Participation in the Event implies your express and unreserved acceptance of the General Terms and Conditions of Sale and the Regulations.

This document completes the Terms of Use for the online registration platform available at https://www.sportsmedevents.tn
The Organizer may review and update the General Terms and Conditions and the Rules at any time; please consult them regularly. All changes that are made will apply immediately after being notified, by any means, including publication of a revised version here-of on the Event website https://www.sportsmedevents.tn . In the event of a significant change in the General Terms and Conditions and / or the Rules, the Organizer will endeavor to inform you by e-mail.
The https://www.sportsmedevents.tn website through which you placed your order allows professional sellers and organizers to list and sell their products and services. Although the platform facilitates transactions made on the latter.

Consequently, for the sale of products or services related to the Event, a sales contract is formed solely between you and the Organizer.

The Organizer is responsible for sales of products or services related to the Event and for any claims or other problems arising or related to the sales contract between you and the Organizer.

I. SPORTING REGULATION

These Sporting Regulations (here-in-after the Rules) apply to all participants in the Event. It is an integral part of the General Terms and Conditions of Sale referred to above.
In case of conflict with the provisions of the General Conditions of Sale, the provisions of the Regulations shall prevail.

1.1. THE RACE

The event routes are respectively 5 km, 10 km, 21,097 km and 42,195 km, according to the International Road Racing Rules (IAAF and FTA). A relay marathon at 2 will also take place, with the participants taking distances of 21.5 km each.

1.2. CONDITIONS OF PARTICIPATION - LICENSE - MEDICAL CERTIFICATE

To participate in the event, you must be at least:
- 20 (twenty) years for the marathon - 18 (eighteen) years for the half marathon - 16 (sixteen) years for the 5 and 10 km
The age categories will be classified separately in agreement with the FTA. It is recalled that controls will be carried out during the event to ensure perfect conditions of regularity of race including age requirements and medical certification.
By participating in the event, you participate in one of the sports events organized or approved by the sports federations. Therefore, your participation is subject to the mandatory presentation:
- a sports license attesting to the issue of a medical certificate stating the absence of contraindications to athletics in competition (FTA and other IAAF affiliated Federations), - or, for non-license holders to whom these competitions are open at the presentation of this single certificate, which must be less than one year old on the date of the race.
WARNING ! Participants residing abroad: You are required to provide a medical certificate of no contraindication to the practice of competitive athletics or running in competition, if You are not a competition license holder issued by an IAAF affiliated federation. This certificate must be dated, signed and allow the authentication of the doctor, whether or not the latter is established in Tunisian territory. If the doctor is a foreigner, the medical certificate must be written in French, English, Spanish, German, Italian or Portuguese.
Mandatory Note on the Medical Certificate: It is specified that your medical certificate must include the mention "no contraindication to the practice of athletics in competition" or "no contraindication to the practice of running in competition" . FTA competition licenses are accepted if they clearly indicate the word "athletics". Other licenses can not be accepted.
The medical certificate or photocopy of license must be communicated by the participant via the download tool available on your account on the site.
Authenticity checks of medical certificates and licenses may be carried out on the spot.

1.3. REMOVAL OF BIBS

The bibs will be removed, on presentation of the following parts:
- Your license or medical certificate meeting the conditions referred to above, - Your invitation, - Your identity document
The withdrawal of bibs is done exclusively, 2 days before the competitions to the villages prepared by the organizer
The bib must be fully legible during the race, including in case of bad weather.

1.4. REGISTRATION PROCEDURES AND RATES

Registrations for the Event are made exclusively on the website https://www.sportsmedevents.tn,
Anyone wishing to participate in the Event agrees to register in advance as a member. For this purpose you will need to fill out a registration form and accept without reserve the Terms of Use of the site and its Privacy Policy.

2019 RATES

For security reasons of the Event, the Organizer reserves the right to limit the number of bibs available.
The prices of the bibs may vary according to your number of registration at the Event:
Marathon: 40
Half Marathon: 30
10 km: 25
5 Km: 20
Relay marathon: 30 x 2
The price of bibs is expressed in this document in Dinar or Euros for foreigners.
Special promotions can be put in place by the Organizer to make you benefit from discount on the bib fee.
Any registration for an Event is personal, firm and final, and can not be reimbursed for any reason whatsoever, except specific stipulation of the Regulation.
Each registration entitles you to a bib. No bib transfer is allowed for any reason whatsoever.
Any person surrendering his bib to another person, will be recognized responsible in case of accident occurred or caused by it during the event.
The organization declines all responsibility in the event of an accident in this type of situation.
During the team registration, the commitment of the teammates is firm and definitive: you will not be able to make any change of teammate

1.6. OFFICIAL JURY

It is composed of a designated referee judge, whose decision-making power is final. He is assisted by judges and race commissioners as well. Referees and commissioners are appointed in agreement with the FTA. The refreshment points are installed every 5 km as well as on arrival. Participants will have a maximum time of 5h on the marathon, 3h on the half marathon and 1h30 on the 10 km and 1h00 for the 5 Km to make the journey to the finish line. After the end-of-race vehicle has passed, participants must comply with the traffic rules of the Highway Code.

1.7. GENERAL SERVICES

Road safety is provided by the police, the medical service by the Tunisian Civil Protection and the Red Cross. They may decide to disqualify a participant for medical reasons.

1.8. ACCESS TO THE SITE AND SECURITY

L’introduction sur le site de l’Evènement de tous objets susceptibles d’être dangereux ou illégaux, notamment drogues, armes à feu, objets contondants et matières explosives est strictement interdite.
Pour accéder au site et pouvoir participer à l’Evènement, le participant reconnait et accepte expressément que l’Organisateur puisse faire appel à du personnel de sécurité lequel sera habilité à contrôler tant les personnes que leurs effets personnels. Toute personne souhaitant accéder au site accepte de se soumettre à ce contrôle. En cas de refus, la personne ne sera pas autorisée à accéder au site.
L’Organisateur, ainsi que le personnel de sécurité est habilité à refuser l'accès à l’Evénement ou la poursuite de la course aux participants dont le comportement est susceptible de perturber le bon déroulement de l’Evènement, notamment et sans que ce qui suit soit limitatif : introduction de tout objet qui pourrait potentiellement gêner de quelque manière que ce soit l’évolution de la course, la circulation et/ou la sécurité des autres participants ; introduction de tout signe distinctif faisant la promotion, sous quelque forme que ce soit, d’une opinion politique, philosophique ou religieuse susceptible de porter atteinte à l’image de l’Evènement.

Tunisia, December, 1st, 2008

1.9. TIMING

All participants will be given an electronic chip when picking up the bib (chip in the form of a tape stuck behind each bib) which will be automatically initialized on the starting line and will serve as a regularity check every 5km. A participant not borrowing the course of the course can not be classified on arrival.
The electronic detection system is selected according to strict reliability criteria. Despite the tests performed by manufacturers, there is still a very low percentage of non-detection. The absence of data resulting from this non-detection will not allow the Organizer to include the official or actual time of the participant concerned in the ranking. The Organizer will not be held responsible.

1.10. INSURANCES

Liability: In accordance with the legislation in force, the Organizer has taken out insurance covering the financial consequences of its civil liability, that of its agents and all the participants in the Event. With regard to the civil liability of the participants, the intervention of this insurance for the latter is limited to the accidents that they could cause during the course of the Event. This guarantee will be in addition to or in the absence of other insurance which the participants could benefit elsewhere. Proof may be provided to any participant upon request.
Individual accident: All participants to the event, licensed or not to a sports federation, can subscribe during their registration to the event or at the latest when the withdrawal of their bib, an insurance guaranteeing the payment of a capital in personal injury (death or permanent disability) caused by an accident on the course of the Event. The compensation, depending on the damage and the limits of the guarantees chosen, occurs when the insured is the victim of an accident during his participation in the Event.
THIS INSURANCE IS OPTIONAL BUT STRONGLY RECOMMENDED. It can be subscribed in addition or in the absence of insurance of the same type held in particular via a sports license. The information leaflet and the registration form are available on the Event website (Registration -> Insurance)
Damage to property: The Organizer declines all liability in case of damage (theft, breakage, loss, ...) suffered by the personal property of the participants, even if they have custody. Participants will not be able to turn against the Organizer for any damage to their equipment. The subscription of an insurance guaranteeing these risks is the responsibility of each one.

1.11.USE OF IMAGES

1.11.1. Participants images:

The event can be captured for public communication in any form (including photo, video ...), on any existing or future media, in any format, for any communication to the public in the world whole, for any use including for advertising and / or commercial purposes, each participant expressly authorizes the Organizer, his assigns (including his business partners) to fix and reproduce, in any medium and by any means , and consequently, to reproduce and represent, without remuneration of any kind, his name, voice, image, and more generally his sports performance as part of the event (hereafter "his Image"), for a duration can not exceed 10 years from the date of the Event. The participant expressly authorizes the Organizer to grant to the partners of the Event sub-licenses for the exploitation of his Image for the commercial exploitation and advertising of the Image.
For this purpose, each participant expressly and irrevocably authorizes the Organizer, its beneficiaries, its successors (including its business partners), to meet the requirements of advertising, promotional and / or commercial campaigns to
1) make any changes, additions , delete, that it deems useful for the exploitation of its Image in the conditions defined above,
2) to associate and / or to combine with its Image, all / any signatures, hangers, slogans, legends, marks, distinctive signs, legal, visual and, in general, any element of any kind at the choice of the Organizer intended in particular to illustrate the communications media in which they are integrated.
The entrant warrants that he is not bound by any exclusive contract relating to the use of his Image.
The participant is informed and accepts without reservation that his participation in the Event implies the capture of his Image by the official providers of the Organizer. This image reproduced in photo and / or video format will be accessible on the sportsmedevents.tn website in the "My Account" area and for one year on the event's website in the "Results" section. Regarding the site of the event, the participant accepts that it can be identified by any internet user by name, first name, bib number and region.

1.11.2. Images of the event

Any communication of still image and / or animated sequence of the Event captured by the participant during his participation in the Event must be limited to a personal exploitation and can not in any case be exploited in a promotional and / or commercial purpose outside the Event.

1.12. PERSONAL INFORMATION

in general, the personal data communicated by the participants (here-in-after "the Data") are intended for the authorized personnel of the Organizer who is the company responsible for the processing of these data.
To find out about the Organizer's data protection policy, we invite you to refer to the General Conditions of Sale (I). As a Participant to the event, we also invite you to read carefully the following provisions:
"Connected" application - Publication of Results
By choosing to participate in the event, participants recognize that their evolution on the course will be accessible by any user who downloaded the application and on the site of the event, the timing chips to detect your passages about every 5 km. You acknowledge that any user of the application or the internet may be able to follow the participants of the Event by providing their name and / or first name and / or bib number.
At the end of the event, the information related to your sports performance (including your result, your photos and videos) are published on the event's website. Your results may be picked up by any media.
If you wish to oppose such publication for a legitimate reason, you must communicate this decision to the Organizer at the address contact@sports-med-events.com, before the Event and at the latest 30 days before the latter so that the appropriate measures are taken.

1.13. TAKING AERIAL IMAGES

Participants are informed that:
On the day of the event, piloted aircraft (drones) may be used for filming purposes; they may be located, during all or part of their participation in the event within 30 meters of said aircraft. If necessary, safety instructions will be communicated to them and must imperatively be respected.

1.14. RESPECT OF THE ENVIRONMENT

In order to respect the environment and the natural areas crossed, it is strictly forbidden to abandon waste (paper, plastic packaging ...) on the route. Garbage cans will be available at each filling station and "collection areas" will be installed and signposted at different points along the route. They must be used by the participants.
The participants must keep the waste and packaging while waiting for the places indicated by the Organizer to get rid of it.
The Organizer reserves the right to award time penalties or to exclude participants who deliberately dispose of their waste outside the designated areas.

1.15. PROHIBITED EQUIPMENT ON THE COURSE

Bicycles, wheeled and / or motorized vehicles not belonging to the organization are strictly forbidden on the course.

1.16.ANTII-DOPAGE CONTEST

The event is an event organized under the aegis of the F.T.A., as such, anti-doping controls may be put in place. The participants in the event undertake to strictly respect the doping ban as well as the provisions concerning doping control as they result from the laws and regulations in force.

1.17. MODIFICATION – REPORT – CANCELLATION

If the circumstances so require, the Organizer reserves the right to modify at any time the course, the position of the refreshments and the chronometric points, to postpone the date and / or the schedules of the Event.
If the Event should be canceled for any reason beyond the control of the Organizer showing the characteristics of force majeure, the latter will propose, depending on the circumstances, compensation such as substitution by another Event organized by the Organizer , the postponement of the event or the reimbursement of the bib fee less, if applicable, the application fee, to the exclusion of any other sum.

II. SALES GENERAL CONDITIONS

If You have ordered, for a fee or free of charge, a product or service from the Organizer via the website, its mobile site or its application then these Terms and Conditions of Sale apply to you and constitute the sales contract that binds you to the Organizer.
In addition, if You participate in the Event as a rider, the Rules are also applicable to you.

2.1. SCOPE

These General Terms and Conditions of Sale are not applicable to the goods and services that You may have acquired, in any way whatsoever, from another party, whether thisother is mandated - licensed or not by the Organizer. The products and services concerned by these General Conditions of Sale are only those provided directly by the Organizer and ordered via the site.

2.2. FEES

Offers of products and services are valid as long as they are visible on the site. Prices are quoted excluding delivery charges and other special services to which you may have subscribed.
The bib rates are specified in the Regulations. The Organizer reserves the right to organize special promotions outside the indicated rate ranges to allow you to benefit from a preferential rate during a given period.
The price of products and services is indicated in dinars and or euros, all taxes included, at the rates in force on the day of the order. Prices do not include delivery charges, gift packaging fees, promotional offers and personal discounts ("promo code"), indicated before the final confirmation of the order.
The prices take into account the Tunisian V.A.T. applicable on the day of the order and any change of the legal rate of V.A.T. will be automatically passed on the price of the presented products. However the prices can not be modified once the order of the User passed.
Orders destined for countries outside Tunisia are not subject to V.A.T. The prices quoted for these orders are therefore exclusive of V.A.T.. However, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the Organizer and are your responsibility. They are your sole responsibility, both in terms of declarations and payments to the authorities and / or competent bodies of the country of delivery. We recommend that you contact the customs department for more information.

2.3. AVAILABILITY

The availability of products and services is normally guaranteed. In the event that, after your order, a product or service becomes totally or partially unavailable, the Organizer will inform you as soon as possible of this unavailability and give you the opportunity to be delivered from another product or service quality and at an equivalent price, either to be refunded the price or service ordered within 30 days of the request for reimbursement.

2.4. ORDERING TERMS AND CONDITIONS

It is possible to order exclusively:
- online on the site
No order sent by email or postal mail can be taken into account by the Organizer.
When placing your order on Sportsmedevents.tn you must create an account and therefore you must accept the Terms of Use of the Privacy Policy.
You must confirm your order after selecting the products added to your cart. You must check before any order confirmation the contents of your basket (identifications and quantity of products and services) before validating them, to accept these General Conditions of Sale and the Regulations.
The Organizer will acknowledge receipt of your order by sending you an email order confirmation including the summary of your order and your receipt of payment.

2.5. MEANS OF PAYMENT

Except in exceptional cases, only online payments by credit card via the registration form are allowed.
Online payments are made via a secure payment platform, supplemented by specific control measures to ensure the security of purchases made on the site and to fight against fraud.
The details of your credit card communicated during your order never pass in clear on the Internet: they are encrypted using an SSL security protocol.

2.6. EXPEDITION AND DELIVERY

With the exception of the bibs of the Event which are to be removed under the conditions defined in the Regulations, the ordered products and services can be delivered under the tariff conditions proposed at the time of your order.

2.7. RIGHT TO RETRACT

2.7.1. Purchase of leisure services or personalized products

"Leisure services" means the purchase of a bib, an accommodation, a catering ticket, etc.
You do not have the right to withdraw from the purchase of leisure services that must be provided at a specific date or period, in accordance with the legal provisions:

2.7.2. Purchase of non-personalized merchandising products and other

In accordance with the legal provisions in force, You have for this type of products a period of thirty (30) days from their receipt or the withdrawal of the merchandising product sold by the Organizer. You can exercise this right without having to give reasons or pay a penalty and you can ask us for the refund of the product ordered. This right does not apply to custom or made-to-order items (eg personalized t-shirts by flocking, engraved medal, photo pack or video pack).
In case of exercise of the right of withdrawal within the period referred to above, only the price of the product (s) purchased and shipping costs will be refunded. Return shipping costs are your responsibility. Returned products must be intact, in perfect condition for resale, in their original packaging. Items returned incomplete, damaged, or spoiled by the Consumer-User are not returned or refunded. You must enclose with your return a copy of the proof of purchase.
Refund in case of withdrawal
In the event that you exercise your right of withdrawal, the Organizer will refund the sums paid (including delivery charges) no later than fourteen (14) days from the date on which S.M.E. is informed of the decision of the Consumer User to retract. The refund date may be deferred until the goods are recovered or until you have provided proof of shipment of the products, whichever is the earlier.
The refund is made using the same method of payment as the one used for the order.
The Organizer is not obliged to reimburse any additional costs if you have expressly chosen a more expensive method of delivery than the standard delivery method proposed.
In case of abnormal or abusive returns, the Organizer reserves the right to refuse a subsequent order.
Regarding products and services purchased from third parties through the Organizer, You are required to refer to the general conditions of sale of the third party seller, the responsibility of the Organizer can not be engaged in this regard.

2.9. RESPONSIBILITY - FORCE MAJEURE

The Organizer undertakes to describe with the greatest accuracy the services and products offered. On the other hand, the responsibility of the Organizer can not be engaged in the case where the non-performance of its obligations would be attributable either to the unpredictable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by the jurisprudence Tunisia. Similarly, the Organizer's liability can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.

2.10. PERSONAL INFORMATION

By ordering a product or service related to the Event from the Organizer, you are required to provide a certain amount of data and information, in particular during Your registration to the Event, in order to complete the data. Some of these data allow you to identify yourself, directly or indirectly, and may be considered as personal data within the meaning of the regulations applicable to the protection of personal data.
In general, the personal data you provide (hereinafter, the "Data") is intended for the authorized personnel of the Organizer (EMS), who is responsible for the processing of this Data and its possible subcontractors.
The Organizer collects this Data, for specific purposes, and in particular for the purposes of:
- Allow the creation, management and access to your account; - Provide the information and Services requested and in particular Enable You to Register for the proposed Events, and allow the sale of products and services; - Allow the treatment, the follow-up and the management of Your inscriptions to the Events; - Offer personalized services in the light of information provided on your profile and in particular advice and training programs; - Recovery, fight against fraud; - Allow the management, modification and improvement of our products and services; - Send emails or post messages to provide you with any useful information such as confirmation of your order, updates, newsletters about our activities. - Send emails or SMS to provide information, announcements and updates related to the Event to which you are registered; - Collect information in particular through surveys, surveys or questionnaires that We communicate to You. - Ensure compliance with applicable legal and regulatory provisions; - Send e-mails or SMS to inform you of other events that might interest you in view of the information provided on your profile; - To allow the marketing management and the promotion of Our Services; - Send e-mails or SMS, in accordance with the applicable legal provisions and with your consent, to communicate promotional offers, advertisements or other commercial communications from partners of our event. - Allow participants to communicate with each other - Organize lotteries and quizzes and allow you to register and participate in them, - inform you of your results, communicate your diplomas; - Allow any other purpose specified during the collection of the Data;

Data Sharing
The Organizer may share Data about you with third parties.
The Organizer may disclose Data to its affiliates and affiliates, in which case their use is subject to these terms and conditions.
If you have ordered through the Organizer products or services to our partners, the Organizer may share your Data with the relevant partners to satisfy your request. These third parties may send you communications, correspondence, e-mails.
Finally, the Organizer may share the Data you submit to its suppliers, service providers, subcontractors or agents performing certain tasks on behalf of the Organizer. For example, these suppliers may be the timekeeper, the manufacturer of bibs, the company in charge of medical assistance. These partners have agreed to maintain the confidentiality, security and integrity of the Data.

You may receive by telephone call and / or postal mail or by email or SMS promotional offers from the Organizer's commercial partners, to whom the Data may be transmitted and assigned for the purposes of commercial prospecting, provided that you have Check the box provided for this purpose when ordering on sportsmedevents.tn. In any case, you can at any time oppose it in your space "My Account" or under the conditions provided below.
In application of the Tunisian law relative to the computing, the files and the modified liberties, You have the rights of interrogation, access, rectification and opposition for legitimate reasons with respect to all the Data concerning you as well as a right of opposition to the commercial prospection of the Organizer and / or its commercial partners. You also have the right to formulate specific or general guidelines regarding the storage, deletion and communication of its Post-mortem Data.
You can exercise all these rights by email at the addressecontact@sports-med-events.com, or by post with a copy of a signed identity document, addressed to: BP 18 Sfax El Jadida 3027 Sfax - Tunisia.
If you are interested in prospecting by email, you can also modify or unsubscribe newsletters by going directly to your space "My Account" by clicking on the link "My newsletters".
If you are concerned by SMS prospecting, you can also unsubscribe (i) by sending the message "STOP SMS" by going directly to your "My Account" area by clicking on the link "My newsletters".
Your requests will be taken into account within a maximum of 72 hours, except for requests sent by post, which require a period of 8 days.

2.11. LEGAL CONTACT OF THE ORGANIZER - LEGAL NOTICE

The Organizer and publisher of the site www.sportsmedevents.tn is the company Sports Med Event's (SME), Society SportsMed'Event's -SARL- RC: B 235 623 2012 - MF: 1235787 GAM 000 have the registered office is Km 9 Route from Sfax Tunisia airport, represented by its General Manager, Mr Naamen BOUHAMED. Tel: + 216 98345504 - The website www.sportsmedevents.tn

2.12. LITIGATION, MEDIATION AND APPLICABLE LAW

Any claim arising from the Event must be made in writing, in Arabic or in French or English, remembering the name, first name of the participant and his bib number, addressed to the Organizer's headquarters by email to the following addressecontact@sports-med-events.com: or by mail to the following address:
SME - Km 9 Airport Road -Sfax -Tunisia