STANDARD TERMS AND CONDITIONS OF USE OF THE FIA WEC/24 HOURS OF LE MANS APP

  • 1. General provisions

Société Sportive Professionnelle de l’Automobile Club de l’Ouest is a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 433666229, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France. 

Le Mans Endurance Management is a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 451336184, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France. 

Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management specialise in organising world and European endurance motor racing championships.

The world endurance motor races are more comprehensively described on the website owned and published by the companies: www.fiawec.com.

Within the scope of their business, Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management sell viewer packs to individuals who wish to watch World Endurance Championship motor races live or on replay on their computer or mobile devices.

The replay of a race is available for a three-week period from the date of the race or, where two races are less than three weeks apart, until the qualifying session for the later race.

These packs are sold online: (i) on the aforementioned website via the “LIVE & REPLAY SUBSCRIPTION” tab after setting up a personal account; (ii) via the FIA World Endurance Championship/24 Hours of Le Mans app (depending on the stage of the championship season), via the “LIVE” tab after setting up a personal account. 

  • 2. Definitions

For the purposes of these standard terms and conditions of use, words or expressions with an initial capital have the following meaning:

App refers to the FIA World Endurance Championship/24 Hours of Le Mans application, owned and published by the Companies, which can be downloaded via App Store for iOS systems and Google Play for Android systems.

Standard Terms and Conditions of Use refers to this document, including any annexes. 

Personal Data: according to article 4 of the EU GDPR ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Website refers to the website owned and published by the Companies: www.fiawec.com.

Companies refers to Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management.

Party(-ies) refers individually to the Companies or a User and collectively to the Companies and a User. 

Privacy Policy refers to Article 14 of the present document. 

User refers to any natural person who opens an account on the Website and App. 

Pack refers to a viewer pack sold by the Companies online on the Website via the “LIVE & REPLAY SUBSCRIPTION” tab and on the App via the “LIVE” tab.

  • 3. Legal notices

The Website www.fiawec.com and the FIA World Endurance Championship/24 Heures du Mans App are published by the Sportive Professionnelle de l’Automobile Club de l’Ouest, Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 433 666 229, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France and Le Mans Endurance Management, Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 451 336 184, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France. 

Email: web@fiawec.com 

Published by the ICT department 

The site is hosted by Google Cloud Platform, owned by Google Ireland Limited, whose headquarters are located at Gordon House, Barrow Street, Dublin 4, Ireland.

The App is hosted by SportAll. 

  • 4. Purpose

The purpose of the present Standard Terms and Conditions of Use is to describe: (i) the Website and App content and Packs provided by the Companies; (ii) conditions in which Users may open an account on the Website and App; (iii) the conditions of their connection to the Website and App; (iv) their commitments.
They also state the limit of the Companies’ liability.

The Standard Terms and Conditions also include a Privacy Policy.

The Standard Terms and Conditions of Sale stipulate the ordering and payment terms for the Packs.

  • 5. Website and App Content

The Website and Apps provide Users with information about the motor races that make up the endurance championships (rankings, circuits, teams, drivers, times, schedules, highlights, results etc.).

  • 6. Packs

The Companies sell various Packs to view World Endurance Championship motor races. The Packs are sold online via the Website and the App.

The Packs sold by the Companies are described more comprehensively on the Website, via the “FAN ZONE” then “FIA WEC APPLICATION” tabs.

  • 7. Access to the Website, Apps and Packs

Access to the Website is reserved for Users who have an account on the Website (see Article 7 for conditions). 

Users must have appropriate Internet access and 3G/4G WIFI connection.

Any expenses incurred in accessing and using the Website and the App are the liability of the User.

The Website and App can be accessed 24/7.

The Companies reserve the right to modify without notice or compensation the servers or the Website and App availability and shut down access to Packs for updates, modifications or improvements.

The User is informed that broadcasting restrictions apply to the content available on the App and the Website, as follows:

  • restrictions on FR “Live”, “Replay” and “On-board” broadcasts in the United States of America.
  • restrictions on GB “Live”, “Replay” and “On-board” broadcasts in the United States of America and Canada.
  • 8. Opening an account

Users should follow instructions to open an account on the Website or App.

Users are required to fill in a form on the Website or App and to supply a valid email and password to safeguard the access to their account.

By opening an account, the User declares that they are over 18 and have full legal capacity to enter into a legal agreement.

Users undertake not to adopt a user name that may infringe upon the rights of a third party, disturb public order or offend general standards of public decency.

Users undertake not to disclose their login details by any means whatsoever.  Users are solely responsible for the use and confidentiality of their login details.

Should the User fail to comply with any of these undertakings, the Companies reserve the right to suspend the account without any formalities, notice or compensation.

Users should report any suspicion of unauthorised access to their account without delay.

  • 9. Connection

To access the Website or App, Users must log in with their user name and password.

  • 10. User commitments

When connected to the Website or App, Users undertake to:

  • use them only in accordance with the present terms and conditions;
  • use them only for the purpose for which they were intended and not excessively;
  • refrain from publishing, transmitting, broadcasting, disseminating or rendering accessible via the Websites and/or the Application, content that could constitute, specifically but not exclusively, libel, insults, smears, threats, blackmail, harassment, incitement to racial hatred, incitement to violence and more generally an incitement to wrongdoing, spreading fake news or classified financial information as well as any content designed to sell goods or works, software, illegal content or content that could infringe upon the rights of a third party, constitute contempt of court, an invasion of privacy, a disclosure of personal data or private correspondence, endorsement of genocide or crimes against humanity, a disclosure of classified information or information covered by the right to privacy as well as any acts endangering minors, notably by making, publishing or rendering accessible messages of a violent, pornographic or paedophilic nature or messages that may harm human dignity or permit the manufacture of explosives;
  • refrain from falsifying data, messages, documents, headed paper, identification or login documents or from manipulating a login or information to dissimulate the origin of its publication on the Websites;
  • refrain from uploading, posting, sharing, disseminating or making accessible by any means, any content infected with a virus, code or programme intended to damage, destroy, divert or hamper the running or the performance of the Websites. 
  • 11. Modification of Terms and Conditions of Use

Applicable Terms and Conditions of Use are those in force when the User opens their account on the Website.

These Terms and Conditions are published on the Website and the App.

However, the Companies may be required to modify the Terms and Conditions at any time, without notice, subject to informing Users by email and/or by publishing the changes on the Website and the App as soon as they come into force.
The Companies shall update the Terms and Conditions of Use and indicate the latest update in the top right-hand corner.

  • 12. Disclaimer

The Companies may only be held liable for any damage directly caused by their fault, evidence of which is to be provided by the User.  Compensation for the loss suffered by the User shall not exceed the amount owed by the User for the relevant Packs. 

The Companies may not be held liable for any indirect damage suffered by the User. In particular, any financial or commercial loss, including any loss of sales, profit, data, orders or customers, is considered to be indirect damage.

Pursuant to the provisions of article 2254 of the French Civil Code, any legal action initiated by the User in connection with these Terms and Conditions must be brought within one (1) year after the cause of action arises or is brought to the attention of the User, or the User is deemed to have been aware of it.

  • 13. Force majeure

In the event of force majeure as defined in Article 1218 of the French Civil Code including but not limited to unforeseeable events such as strikes, walkouts, social unrest, factory closures, floods, fire, disruption to production or transportation not ascribable to their own personal action, shortfalls in supply, war, riots, insurrections, and more generally any circumstance or event preventing the Companies from suitably fulfilling their obligations, the Companies will not be liable for possible failure to fulfil their obligations, provided that they have informed the User immediately and have taken all the necessary measures to limit the effects of the event.

  • 14. Intellectual property

All elements contained on the Website and the App that are published by the Companies are protected by intellectual property legislation.

Consequently, the Companies alone hold all rights, titles and interests, including all intellectual property rights related to the said Website and the said App, as well as any ideas, suggestions, requests for improvement, comments, recommendations and other information that Customers and third parties may communicate about the Website and/or the App.

Moreover, the Companies hold the rights of use on all accessible elements on their Website and their App, especially wording, images, graphics, logos, icons, sound, software, etc. Consequently, all reproduction, representation, modification, publication, or total or partial adaptation of the elements of the Website and/or the App, by any means or process whatsoever, is prohibited except with the express prior consent of the Companies.

  • 15. Privacy Policy
    • 15.1 Personal  Data

Personal  Data collected

Users’ Personal Data is collected in the conditions provided for on the Website and the App, notably when an account is opened, an order is placed and a transaction processed.

Personal data collected includes: title, surname, first name, country, address, telephone number, email address, IP address (device and internet service provider), browser preferences, date and time of access, pages visited etc.
Purpose for which information is collected

In accordance with French law 78-17 of 6 January 1978, 6 August 2004 and 20 June 2018, the Companies process Users’ data to provide Packs, for statistical or analytical purposes, for marketing campaigns and to provide Users with qualified data.  

In this respect, it is reiterated that the personal data requested from the User is especially required to order a Pack, to pay for the order and to issue invoices.

No data is sold.

Recipients of Personal Data

The Companies guarantee the confidentiality of the personal data processed.

Moreover, as this data may be communicated to partners of the Companies responsible for the execution, processing, management and payment of orders, the Companies shall ensure that these partners present sufficient guarantees with regard to the implementation of appropriate technical and organisational measures so that the data is processed in accordance with the applicable regulations.

The Companies reserve the right to disclose User data if summoned to do so or if the User breaches the present Terms and Conditions. 

    • 15.2 Consent

Users’ consent to the use of their data in the conditions provided for is presumed when an account is opened on the Website, an order places and a transaction processed.

Users’ express consent is required to use personal data for marketing purposes. Users may retract consent be sending a message to the following address: web@fiawec.com. 

    • 15.3 Storage

The site is hosted by Google Cloud Platform, owned by Google Ireland Limited, whose headquarters are located at Gordon House, Barrow Street, Dublin 4, Ireland.

The App is hosted by SportAll.  

The data collected is stored by SportAll and the Google Cloud Platform, owned by Google Ireland Limited, whose headquarters are located at Gordon House, Barrow Street, Dublin 4, Ireland.

    • 15.4 Security

The Companies undertake to implement all means necessary to ensure the security and confidentiality of personal data.

The Companies take all measures necessary and monitor best practices to protect user data and guard against loss, unauthorised access, disclosure, tampering or destruction.

    • 15.5 Cookies

What is a cookie? A cookie is a small file stored on an electronic device such as a computer, tablet or smartphone when the user browses a website, reads an email or installs software or a mobile application.

In particular, this Website stores cookies on the User’s device to record User browsing habits (pages consulted, date and time) and User identity. 

During the first connection, an explanatory banner appears. By continuing to use the website, the User is considered to have been informed and to have consented to the use of cookies.

Users have the right to refuse cookies and to alter their browser settings to reflect their choice.

    • 15.6 User rights

As data subjects, website users have the right to object, to be informed, to access, rectify, erase, restrict processing, and data portability.

To exercise this right, please send an email to web@fiawec.com. 

If the User no longer wishes to receive Company news, offers (by telephone, SMS, post or email) or invitations, they have the option of indicating this via the link provided and modifying their choices by contacting the Companies under the conditions mentioned above or by changing the settings on their online account.
Users who believe that the their personal data has been misused or its security compromised should contact the company at the following address: web@fiawec.com. 

The Companies will lodge the relevant complaints and attempt to resolve the situation as per the legislation in force.

The User may contact the CNIL (www.cnil.fr/en) for further information or to file a claim.

    • 15.7 Payment

Payment for the Pack(s) shall be made by bank card on the Companies’ Website/App by means of a secure payment service.

Transaction details are stored as long as it is necessary to process the order of the relevant Pack(s). Once the order has been processed, transaction details are deleted.

All direct payment gateways meet the Payment Card Industry Data Security Standard requirements drawn up by a consortium of major companies such as Visa, MasterCard and American Express.

  • 16. Duration

The present Terms and Conditions are applicable between the Parties when the User opens an account on the Website and until the account is closed.

Closure may occur:

  • whenever the User chooses, by sending a request to: web@fiawec.com; 
  • at the discretion of the Companies, should the User fail to comply with any term of this agreement, without prejudice of any applicable damages or compensation. 
  • 17. Sundry clauses
    • 17.1 Merger clause

The Parties acknowledge that these Standard Terms and Conditions of Sale constitute the entire agreement between them relating to the subject matter thereof and supersede all prior verbal and/or written commitments between the Parties relating to the subject matter. Unless expressly stipulated otherwise, the terms, conditions and obligations herein shall prevail over all others.

    • 17.2 Severability clause

The invalidity, unenforceability or, more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations which will remain perfectly valid and enforceable.

    • 17.3 Non-waiver clause

Should either Party not pursue a breach of any of the obligations stated herein by the other Party, this shall not be deemed in the future as a waiver of the obligation in question.

  • 18. Applicable law and jurisdiction

These terms and conditions are subject to French law.

Any dispute in connection herewith shall be brought before one of the courts territorially competent under the French Code of Civil Procedure.

  • 19. French and foreign versions

The original of the present Terms and Conditions was drafted in French. In the event of a contradiction or mistranslation, the French version shall take precedence over any other language.

  • 20. Address for service

The address of the Companies for service is Circuit des 24 Heures, 72019 Le Mans, France.