On the provision of the organizing and conducting of a physical culture event — the third international open-water swim ISWIM OPEN MINSK. Please read this public offer agreement well. If you are not agree with any clause of this contract, the Organizer suggests you to opt out of the use of the services.
1. The Subject of the Offer Agreement
1.1. The subject of this offer Agreement is the provision of a range of services on the conducting of the First International Open-Water Swim ISWIM OPEN MINSK (hereinafter referred to as the Swim) and participation in it of the Participant (hereinafter referred to as the Participant) in the manner and under the conditions provided in this Agreement and the Regulations on the conduct of the Second International Open-Water Swim ISWIM OPEN MINSK on August 22-23,2020 (hereinafter the Regulations) to a person willing to take part in the physical culture event / swim that is organized by SP Bazulka Alexander Vladimirovich (hereinafter referred to as the Organizer).
1.2. The range of services on the conduct of the Swim and participation in it includes:
- Electronic services on the registration of a Swim Participant for the selected distance and the assignment of the starting number of a Swim Participant.
- Services on the formation and provision of the Participant's starter package.
- Services on the Swim conduct and the participation of the Swim Participant in it.
- Services on the organization of the electronic check of the distance passage time of the Swim Participant.
- The provision of a swimming cap to a Participant.
- The provision of water safety during the Swim.
- Additional services if a Participant purchases them.
1.3. The Organizer is responsible for the quality of services provided under this offer agreement.
2. The Time of the Offer Agreement
2.1. This Agreement enters into force on the moment of the registration of the Customer on the Organizer's website on the public offer agreement for the provision of a package of services for the organization and the conduct of a physical culture event of the first international open-water swim ISWIM OPEN MINSK.
2.2. The acceptance of the offer agreement means that the Participant fully and unconditionally accepts all conditions of this agreement without any exceptions and/or restrictions and is tantamount to concluding a written agreement.
2.3. The Participant's actions on the registration for a Swim and the payment of the registration fee indicates a full and unconditional acceptance by the Swim Participant of the conditions of this offer agreement and is tantamount to concluding a written contract.
2.4. This offer agreement is considered to be a basic document in the formal relationship between the Swim Participant and the Organizer. The Swim Participant guarantees that all of the conditions of this agreement are clear to him, and he or she accepts them unconditionally and in full.
3. Rights and Obligations of the Parties
3.1. Swim participants have the right to:
3.1.1. Make an electronic registration for a Swim for any of the selected distances available at the time of registration, in accordance with the Regulations published on the Organizer's website http://iswimopen.by/.
3.1.2. In case of the payment of the registration fee and the fulfillment of the Organizer's requirements for admission to the Swim (in accordance with the Regulations), — to receive the Participant's starter package at a time specified by the Organizer and to participate in the Swim.
3.2. The Organizer has the right to:
3.2.1. Require the Participant to follow all of the rules contained in this public offer agreement and in the Swim Regulation. To deny the Participant's access to the Swim if the requirements of this public offer agreement or the Swim Regulations are not fulfilled.
3.2.2. Without any compensation to the Participant or responsibility to perform photo and video recording of the Participant during the Swim, use photo, audio and/or video materials that involve the Participant in the promotional, advertising and other publications in the printing industry, on radio, television, on the Internet and other sources without the limitation of the terms and places for the use of these materials, as well as the right to edit such materials and transfer them to third parties.
3.3. A Swim Participant must:
3.3.1. Read well the terms and conditions of this public offer agreement, the Swim Regulation on the official Event's website page on the Organizer's website http://iswimopen.by/ and follow all their provisions.
3.3.2. In case if a Participant fails to find relevant documents on the specified Organizer's website during a self-service search, to contact the Organizer, and only after getting acquainted with these documents, to proceed with the registration for the Event. The Organizer is not responsible for the Swim Participant's actions that result from his or her incorrect understanding of the text of these documents.
3.3.3. Read and accept the size of the registration fee before the payment.
3.3.4. Pay the registration fee in full using the payment methods provided in this public offer agreement.
3.4. The Organizer must:
3.4.1. Provide a Swim Participant with the right to make an electronic registration for the Event for the selected distance under the terms of the Swim Regulations.
3.4.2. In case of the payment of the registration fee and the fulfillment of all necessary requirements of the Swim Regulations, provide the Participant's starter package on the days of its provision and allow the Participant to take part in the Event for the distance selected by the Participant.
3.4.3. Provide swim participants with information about the Event Organizers.
4. Payment Terms
4.1. A Swim Participant is charged the registration fee for the complex of services for conducting the Swim and participation in it. The cost of the registration fee includes the cost of the range of services listed in clause 1.2 of this offer agreement.
4.2. In addition to the registration services from clause 1.2., the Participant has the right to purchase additional services or products from among those offered by the Organizer, both at the time of registration or later.
4.3. A Swim Participant pays for the registration fee and additional services using Visa or MasterCard credit cards.
4.4. The cost of the registration fee for a Swim and the cost of additional services are determined by the Organizer and are listed on the website http://iswimopen.by/
. The payment is not subject to VAT charging due to the use of the simplified form of taxation by the Organizer.
4.5. The cost of the registration fee and any additional services are valid at the time of payment.
5. Cancellation and Refund
5.1. The registration fee is non-refundable.
6. The Refunding of the Cost of an Unreturned Electronic Chip
6.1 The Participant receives from the Organizer a reusable time measuring electronic chip for temporary use, together with the starter package, to enable the electronic recording of the Swim result. Immediately after the swim termination, the Participant is obliged to return the electronic chip to the Organizer. If the Participant fails to return the electronic chip to the Organizer within 7 days after the termination of the Swim, the Organizer has the right to write down the cost of the electronic chip from the participant's credit card that the Participant used when registering for the Swim, in a non-accepting (unilateral) manner. The cost of an electronic chip is 100 BYN.
7. The Personal Data of a Swim Participant and the Informed Consent of the Swim Participant to Their Processing
7.1. Taking actions on the paying of the registration fee by a swim participant automatically implies his or her full and unconditional acceptance of the terms of the public offer agreement, including the consent to the processing of his personal data by the Organizer.
7.2. When completing a registration web-form for the Event, a Swim Participant provides the Organizer with the information that is the personal data of the swim participant, as follows: the last name, the first name, the middle name, the gender, the date of birth, contact information (phone, email, city), the company, the club, the phone of a relative who can be contacted in case of an accident.
7.3. The processing of personal data means the collection, systematization, collection, refinement, updating, change, use, distribution, transmission, including cross-border, depersonalization, blocking, destruction, storage and any other actions (operations) with personal data.
7.4. The processing of the personal data of a Swim Participant is carried out solely for the purpose of fulfilling the conditions of this offer agreement — the offer and the Swim Regulations, including that for the registration of a Swim Participant for the Event, the producing of start and finish protocols, the sending of an e-mail message that is related to the Event to the Swim Participant.
7.5. The Organizer takes necessary legal, organizational and technical measures or ensures their adoption for the protection of personal data from inappropriate or accidental access to them, their destruction, alteration, blocking, copying, provision, distribution, as well as from other illegal actions in relation to personal data, and also undertakes to maintain the confidentiality of the personal data of a Swim Participant. The Organizer has the right to involve subcontractors in the processing of personal data of swim participants, as well as to transfer personal data for processing to its affiliates (the list of persons is kept by the representatives of SP Bazulka Alexander Vladimirovich and can be provided to a Participant upon request), while ensuring that subcontractors and affiliates accept the relevant obligations regarding personal data safety.
7.6. Taking actions on the paying of the registration fee by a Swim Participant should be considered as the date, on which the consent to the processing of the personal data of the Swim Participant is provided. The consent is valid for 20 (twenty) years from the date of personal data transfer.
7.7. The consent to personal data processing may be withdrawn by a Swim Participant on the basis of a written application in any form addressed to the Organizer and sent to him at: firstname.lastname@example.org.
8. The Responsibility of the Parties
8.1. In case of non-fulfillment or improper fulfillment of their obligations hereunder, the Parties shall be liable in accordance with the legislation.
8.2. The Organizer is not responsible for the Participant's ignorance or non-compliance with the swim requirements and rules established by the Organizer.
8.3. The Organizer shall not be liable for any losses and moral damage incurred by the Participant as a result of non-reading, flawed understanding or misunderstanding of the terms of this agreement and the corresponding Swim Regulation.
8.4. The Organizer shall not be liable for damages caused by concurrent circumstances or damage caused to the Participant and/or his property during the Event through the fault of the Participant, other participants or third parties.
8.5. A swimmer does not object to the possibility to receive first aid.
9. Force Majeure
9.1. The parties are exempt from the liability for full or partial non-performance of their obligations under this agreement if such failure was the result of force majeure.
9.2. The circumstances of force majeure, in particular, include: natural disasters, adverse weather conditions, military actions, national crisis, strikes in an industry or region, actions and decisions of public authorities, failures arising in telecommunications and energy networks, the action of malicious programs, and also bad-faith actions of third parties, expressed in actions aimed to perform unauthorized access and/or disable software and/or hardware (payment system, etc.) of each of the Parties.
10. The Modification of the Agreement
10.1. This agreement comes into force from the moment of the payment of the registration fee by a Swim Participant.
10.2. The Organizer has the right to change the terms of this agreement without prior notice of swim participants.
10.3. If the time of the entry into force of changes to this agreement is not specified, they begin their action from the moment they are published on the official swim page on http://iswimopen.by/
10.4. Changes to the agreement do not have retroactive force.
11. Dispute Resolution
11.1. All disputes and disagreements that arise during the Parties' performance of their obligations under this agreement shall be resolved through negotiations, in a complaint procedure. In case of impossibility of their elimination, the Parties have the right to apply for judicial protection of their interests to the court at the location of the Organizer.
12. The Organizer's Details
SP Bazulka Alexander Vladimirovich,
certificate of registration issued 05.02.2019 by the Minsk City Executive Committee
Registration number 193203168, address: 220068 Minsk, ul. Rotmistrova 44-196.