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General Conditions of Use
"E-FISE Athletes Fund"
ARTICLE 1 : OBJECTIVE
The general terms and conditions of use (hereinafter "T&Cs") apply to the crowdfunding campaign (hereinafter the "Collection") created specifically within the framework of the video competition called E-FISE to enable only "Professional" athletes registered for the Competition to be able to have public finanancial support because of the cancellation of all national and international competitions following the COVID-19 epidemic.
The Collection is organised by the FISE association (hereinafter "FISE"), an organisation established according to the 1901 French law.
Users who do not make a Contribution are referred to as "Visitors" and those who do make a Contributution are referred to as "Contributors". Contributors must be natural or legal individuals able to exercise civil rights. These T&Cs apply to every contractual relationship with FISE and to any use of https://fiseathletesfund.org/fr/ (hereinafter the "Website").
The User declares and acknowledges that they have read the T&Cs in their entirety.
Even though the Collection organised by FISE via the Website is linked to the E-FISE Video Competition organised by the HURRICANE company (see Competition Rules: https://www.e-fise.com/fr/montpellier/), the responsibilities associated with the Collection(s) and those related to the Competition are completely distinct and carried out by two separate entities.
ARTICLE 2 : DURATION
The T&Cs apply for the entire duration of use of the Website, in other words during the Collection period of 00:01 hours on 09.07.2020 (the date of the start of the E-FISE Competition) until midnight on 20/09/2020 inclusive (French date and time of connection 23:59 CET) and under the conditions defined below. These T&Cs, except for clauses effective after the end date of the Collection, end on 20/09/2020 midnight included.
FISE reserves the right in every situation to shorten, prolong, modify, postpone or cancel one, several or all of the Website Collections if circumstances so require and without the Contributors requiring any compensation of any kind whatsoever. They will be reimbursed for the exact amount of their Contribution. FISE cannot be held liable for this fact.
FISE reserves the right to modify these T&Cs if necessary, to make any decisions it considers necessary for the application and interpretation of the T&Cs, subject to informing Users beforehand.
ARTICLE 3 : NUMBER OF COLLECTIONS
FISE operates the Website on which Users (Visitors and Contributors) can financially support the professional competitions organised as part of the E-FISE Competition. All contests, disciplines and videos that are part of the Competition are available at https://www.e-fise.com/fr/montpellier/.
The Collections concern public support only for "PRO" competitions (Men and Women). "AMATEUR" competitions do not fall within the scope of these T&Cs.
Various Collections have been organised to support "PRO" athletes in the following disciplines:
A specific collection, referred to as "General Support" and with no distinction between disciplines, has also been put in place to support PRO athletes.
ARTICLE 4 : UTILISATION / REGISTRATION / CONTRIBUTION
The contents of the Website are free of charge to everyone without prior registration.
All Users must comply with the T&Cs, the rules and regulations in force as well as the rights of all third parties. FISE reserves the right to suspend or prohibit access to the Website to any individual who does not comply with these measures.
The Website does not offer Users the option of creating an account or registering for a service. The Website does allow every User to see the amounts in the Collections and to be able to contribute financially to one or more of the Collections organised to support the E-FISE Competition.
In order to donate, the Contributor undertakes to provide accurate data and to fill in all mandatory fields on the form, in particular their name, surname and electronic address (email) and bank details and to tick the opt-in box on the donation form.
The User must be an individual of legal age and must have the capacity to contract. The representative of the legal User certifies that they hold all necessary rights for the signing of this contract on behalf of the legal individual they represent.
These T&Cs must be accepted by ticking the appropriate box to validate the Contribution amount and the final payment method.
The Contributor can choose to remain anonymous, or reveal their identity (which will be published on the Website as a thank-you for their support), but also to share their participation in one or more of the Collections on the social networks Facebook and Twitter. In such instances, it is the responsibility of the Contributor to allow the Website to make the said connection to their social networks. The Contributor takes full responsibility for data connection to their own social networks in accordance with the general conditions of use of these social networks. Hence it is understood that FISE can take no responsibility on account of this, which is something the Contributor specifically accepts.
The User must then choose the means of payment by which they wish to make their Contribution to one or more of the Collections proposed on the Website. The means of payment are:
The amount debited will be added to the overall amount of the Collection(s) for which the Contributor has authorised payment.
A confirmation email will be sent to the Contributer (via the address entered by the latter) to confirm their participation.
ARTICLE 5 : CONDITIONS OF COLLECTION AND MONITORING OF CONTRIBUTIONS
5.1 – Guidelines for gathering Contributions
The Website allows Contributors to provide financial support to one or more of the E-FISE sports disciplines in the form of Donations/Contributions on a pro bono basis and without any consideration.
Each Contributor can freely determine the amount and allocation of their Contribution. The proposed amounts are listed only as examples. There is no mininum and no maximum to the amount that can be allocated.
By accepting the T&Cs, the Contributor declares that the source of the funds they are using on the Website is not illegal and agrees not to use the latter for any illegal or fraudulent activity, in particular money laundering.
It must be emphasised here that FISE is only an intermediary between the professional athlete (the potential beneficiary of part of the prize money called "Public Support" according to the distribution guide defined herein and their ranking in the Competition) and the Contributor. Therefore, the Contributor cannot seek any liability of FISE unless they can demonstrate that the amount of their Contribution has not been paid into the Collection(s) they selected (under the T&Cs herein).
5.2 – Regulation of Contributions from Contributions
It is stipulated that FISE receives no commission whatsoever from Contributors on any Contributions collected.
Contribution payment must be made by credit card / SEPA through FISE’s payment partner, currently known as STRIPE.
Each Contribution is denominated in Euros by default, the latter calculated by the exchange rate in effect on the actual day of payment of the Contribution.
Every User wishing to provide support is therefore deemed to have read and accepted the STRIPE general terms and conditions of use published on the payment partner’s website at the following address: https://stripc.com/fr/privacy.
The Contributor’s bank account will be debited immediately.
Before the expiry date of the Collection period, in other words the duration of the E-FISE Competition, the Contributor can cancel their Contribution at any time and request a refund at no cost.
At the end of the Collection period, the amount paid can no longer be refunded to the Contributor.
5.3 – Fees for intermediary services and banking transaction fees
FISE receives no commission on any of the funds collected in all the Collections combined, whether or not the funds raised reached or even exceeded their objectives by the end of the Collection period.
FISE also charges the bank transaction fees of their payment partner STRIPE. For each Contribution made, commissions and bank fees are calculated as a percentage of the amount collected through the intermediary of the Website.
Bank transaction fees retained by our payment partner STRIPE are as follows:
VAT is applicable at the rate in force on the day the transfer of funds collected is made. Commissions and bank transaction fees are automatically deducted from the amount of the sums collected through the intermediary of the Website during the transfer to FISE.
5.4 – Applicable taxes on funds collected and the issuance of tax receipts
Each Contributor is responsible for paying any applicable or associated tax, whether on Contributions collected through the intermediary of the Website in so far as an Athlete is the beneficiary of part of the funds raised.
If a Contribution made qualifies as a purchase, it is subject to VAT and the Contributor categorically agrees to pay all sums due in respect of the Contribution.
FISE cannot in any way reimburse Contributors for this or even advise them on the nature and detail of their obligations.
Tax receipts cannot be issued on Contributions paid.
ARTICLE 6 : RULES FOR THE DISTRIBUTION OF FUNDS
Contributions collected are subject to the following:
Once the fees have been taken, all remaining funds will be donated to athletes of the E-FISE Video Competition in addition to the official prize money of the said Competition.
Each Collection (per discipline) will supplement the amount of prize money initially allocated by the E-FISE Competition. The distribution guide that applies to the PRO category is as follows:
Remember that "Amateur" categories do not fall within the framework of the Website Collections.
A system of levels has been set up to distribute the amount collected for a discipline in each of the categories (⅔ Men and ⅓ Women) so as to be able to extend the distribution of the Collection beyond the finalists of the E-FISE Competition. The amount of the Collection will determine the number of Pro athletes eligible for "Public Support". An explanatory table is available on request from the email address firstname.lastname@example.org.
Simulations of the impact of donations will be presented at each significant level of the prize pool cumulating all the prizes, namely €5,000, €10,000, €15,000, €20,000 and so on.
The Collections that have been organised have no financial cap. Once all the levels have been reached, the distribution system starts again from the first donation in order to reinforce the prize money of the best athletes and so on until the resource of the relevant Collection has been exhausted.
This payment is made within an indicative period of sixty (60) calendar days following the end of the Collection period, as soon as the organiser of the E-FISE Competition (HURRICANE Company) has informed FISE of all information necessary for the payment of the sums (in particular, bank details) and provided all identification data necessary for the payment of the funds (IBAN, SWIFT, copy of identity document, etc.).
The relevant invoice will be sent at the request of the athlete beneficiary of part of the funds collected after the funds have been transferred to their account.
ARTICLE 7 : PROTECTION OF PERSONAL DATA
7.1 – Information gathering
Simply visiting the Website does not require any collection of personal information.
Conversely, any Contribution or subscription to the newsletter on the Website (if the option is made available to Users) will result in personal information being collected.
The User also knows and acknowledges that they are required to provide personal information when they make a Contribution to one of the ongoing Collections. Certain information is mandatory and legal, in particular that allowing the identification of the User to confirm their payment. In this case, the personal information collected by FISE includes in particular surname, first name, email address, and banking information. Depending on Contribution form options, the following personal information may also be collected: company name, company identification number, postal and electronic address (email), landline and/or mobile phone number.
In addition, some non-personal information may be collected such as the User’s browser version (Netscape, Internet Explorer, etc.), the type of operating system used (Windows 98, MacOS, etc.) and the IP address of the computer used.
Every User agrees, when subscribing to the newsletter and/or paying a Contribution, to receive email offers relating to information from FISE and its Partners.
Subsequently, each User can send an email request to FISE asking to receive or not to receive free of charge its newsletter and/or promotional offers sent to them by email from FISE and/or its Partners. FISE can also communicate this data in response to any injunction from legal authorities.
In fact, acceptance of these T&Cs by the User constitutes acceptance of the use of personal data within the framework explained in this article.
7.2 – Declaration of automatic processing of personal data to CNIL
7.3 – Usage of data
Any User information collected at the time of their Contribution is used to afford them the various platform services, in particular the sending of information about FISE and its events.
Every precaution has been taken to ensure that databases that store Users' information are in a secure environment. Only certain FISE employees or of any other company it mandates or those belonging to the HURRICANE Group have access to this information, which is accessible to them only when necessary (e.g. auditing and accounting operations).
FISE informs the User that their personal information is also subject to separate processing by STRIPE companies as part of the provision of their services and in accordance with their own general conditions of use.
Personal information provided by the User at the time of registration will not be made available to third parties, nor will it be shared, sold or exchanged, except in the cases referred to above, under and subject to their prior information and approval, or in the absence of opposition on their part.
7.4 – Right of rectification and opposition
The User has the right to object to the transfer of this data, which they can exercise by sending a message to the following email address: email@example.com.
In application of the French Data Protection Act of 6 January 1978 (amended by the Law 2004-801 of 6 August 2004) the User also has the right of access, modification and deletion of the data concerning them which they can exercise by sending a message to the following email address:
For FISE to satisfy any such request, it is up to the User to send the necessary information for their identification (title, surname, first name, address, post code, city, country).
7.5 – Cookies
The User acknowledges and accepts that cooking might be set up on his computer to record any information relating to the navigation of their computer on the Website.
Cookies are data that do not contain any personal information and are sent via the server to the hard drive of the User’s computer. The role of cookies is in particular to identify the User more quickly when logging in and to facilitate their participation in certain events, promotions, activities, etc. offered on the Website.
The User is informed that they can object to the storage of cookes by configuring their browser accordingly. However, this might cause use of the site to be affected.
7.6 – Disclaimer
The User acknowledges that, in general and in the current state of technology, every time they provide personal information online this information may be collected and used by third parties.
The User therefore releases FISE from any liability or damaging consequences as a result of third parties using information exchanged through the communication tools offered by the Website.
ARTICLE 8 : LIMITATION OF LIABILITY
It is important to remember that the Internet is not a secure network. FISE cannot be held responsible for any contamination by viruses or intrusion by a third party into the terminal system of Users of the Website and it disclaims all responsibility for any malfunction of the User’s Internet connection to the network via the Website. FISE has no responsibility for any malfunction of their Internet network, in particular those due to external malicious acts, which might prevent the smooth running of the Competition. More particularly, FISE cannot be held liable for any damage caused to Users, their computer equipment and personal data stored therein, or any consequences that may be the result of their personal or professional activity. Furthermore, FISE bears no responsibility in the event of delivery problems or the loss of postal or electronic mail. FISE cannot be held liable in the event that one or more Users are unable to connect to the Website or want to pay a Contribution because of any problem or technical defect particularly with regard to network congestion. Furthermore, FISE bears no responsibility in the event of technical problems connected to the STRIPE platform (its partner for financial transactions). FISE reserves the right, at any time whatsoever, to interrupt access to the Website, in particular for technical reasons and/or for updating and maintaining the Website. No telephone or written request will be answered with regard to the interpretation and/or application of the T&Cs or the mechanisms or terms of the distribution of prize money after the Collections have been realised.
FISE cannot be held responsible for any direct or indirect damage resulting from any interruption, any malfunction whatsoever, a suspension or the end of the E-FISE Competition by its organising company (HURRICANE Company), for any reason whatsoever, or any direct or indirect damage that would result, in any way, from a connection to the Website. It is the User’s responsibility to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any threat. The connection of any person to the Website as well as their Contribution is under their sole responsibility.
FISE cannot be held liable, in general, if for reasons of force majeure or unforeseen events beyond its control, the operation is deferred, modified or cancelled.
ARTICLE 9 : INTELLECTUAL PROPERTY
9.1 – Copyright
Trademarks (in particular FISE and E-FISE) as well as the logos derived from them are the intellectual property of FISE or the latter holds the necessary authorisations for their use.
More generally, all rights, including property, moral and intellectual, that relate to the content and data information of the Website belong entirely to FISE, subject to any property rights that may belong to a third party and for which FISE has obtained the necessary assignment of rights or the necessary authorisations.
The rights granted to the User for use of the Website and the service provided by FISE do not imply any transfer or any authorisation to exploit any elements of the Website.
All intellectual property rights, and in particular trademarks, graphics, texts, hyperlinks, logos, images, videos, sound recordings, software, layout, databases, codes, etc. contained on the platform and the associated sites are protected by national and international intellectual property law.
They remain the exclusive property of FISE and/or its Partners.
As a result, without prior and written authorisation from FISE and/or its Partners, the User cannot make any reproduction whatsoever of any element of the Website and this includes representation, republication, redistrubition, adaptation, translation and/or partiial or full transformation, or a transfer to another site.
The User acknowledges and is aware of the fact that failure to comply with this prohibition constitutes a reprehensible act of infringement, both civil and criminal.
9.2 – Data producer rights
FISE is the producer of the database established by the Website as defined within articles L.341-1 and following the Intellectual Property Code. Any retrieval or use of the content of the database without express authorisation may incur the civil and/or criminal liability of the perpetrator. FISE reserves the right to take legal action against any person who has not complied with this prohibition.
ARTICLE 10 : CONVENTION OF PROOF
Except in the case of obvious errors, it is agreed that all information resulting from the FISE Competition system shall be conclusive in any dispute concerning the computer processing of the said information relating to the Competition. Any fraud or attempted fraud in this Competition by a User will result in the elimination of the User and the possibility of prosecution.
ARTICLE 11 : APPLICABLE LAW AND INTERPRETATION
The law that applies is French law. Users are therefore subject to all applicable French regulations as a result of their Contribution or their visit to the Website.
Any dispute that arises as a result of this process and which cannot be settled amicably will be submitted to the competent courts of FISE.
These T&Cs have been translated from French into English. In the event of any issues over interpretation and/or tranlation, only the T&Cs written in French will apply.