GIV Platform is a platform owned by BKOOL, S.L. (“BKOOL”), Tax Identification Number B98125024 and with registered address Calle San Joaquín, 3, Las Rozas de Madrid, 28231, Madrid, Spain which is hosted in the second level domain www.girovirtual.bkool.com owned by BKOOL. The domain names www.girovirtual.it and www.girovirtual.com are owned by the company RCS SPORT S.p.A. ("RCS").
1. How to login to Giro Virtual de Italia?
Once you have completed the registration on our GIV Platform, you will receive a confirmation email, and subsequently, you will be able to access and complete the Virtual Stage/s paid for and which, at the time of registration, are operational or have not yet started, as indicated on our Website/Platform. Under no circumstances will you be able to access and complete a virtual stage that has already taken place. After you have completed any of the Virtual Stage(s) you have selected, you may choose and pay for any other Virtual Stage(s) that have not yet started and that you wish to take.
If you register with Giro d’ Italia Virtual in the pre-sale phase, you will be able to access all the Virtual Stages that are programmed in the first phase of the Giro d’ Italia Virtual, which will be specified on our Website/Platform when you register for Giro d’ Italia Virtual.
The price for the completion of each of the Virtual Stages will be indicated with the applicable VAT, if applicable, depending on the country of origin of the user. The amount indicated as price may be indicated and paid in Euros, Dollars or Pounds. The price may be subject to discounts offered by Giro d'Italia Virtual, for which Giro d'Italia Virtual will provide the applicable discount code, if applicable, for each promotion.
c) Payment Methods
Once you have selected the Virtual Stage(s) you are interested in, you must proceed to pay the specified price, which can be made, at your choice, by the following payment methods:
2. Your obligations
You undertake to participate in the selected Virtual Stage(s) in an appropriate and legal manner and, under no circumstances, will you access the GIV Platform or the Services to (i) incur in illegal activities, contrary to good faith and public order; (ii) cause damage to our physical and logical systems; (iii) attempt to access and, where appropriate, use the email accounts of other users and/or modify registration data.
In particular, you undertake the following obligations:
- To make the pre-payment, where applicable, of the amount of the Services and in the form and quantity indicated in sections 1.b. and 1.c.
- To make proper use of the Website and/or the GIV Platform without causing any damage to our physical and logical systems and also to the Service offered by Giro d’Italia Virtual.
- To guarantee the truthfulness and accuracy of the data provided when filling in the forms required to proceed with the contracting of the Services.
- To refrain from any act or omission that disrupts the smooth running of any of the Virtual Stage(s) to which you have subscribed.
- Show respect at all times to the Giro d’ Italia Virtual team, as well as to the other participants involved in the different Virtual Stage(s).
3. Right of withdrawal
You accept and agree that, once you have entered the Services, Giro d’ Italia Virtual is not forced to offer you a right of withdrawal, by means of the provisions of the consumer applicable regulations, since it applies the exception contemplated in article 103 paragraph m) of the revised text of the Spanish Law for the Defence of Consumers and Users ("TRLGDCU"), since, once you pay the corresponding price and access the digital content that we offer, the Services will be considered executed and, therefore, you will lose the aforementioned right of withdrawal.
4. Termination of the relationship
If you wish to deactivate your account, you must send an email to email@example.com indicating your wish to disable your account. Once we deactivate your account, you will no longer be able to access the GIV Platform, however, you will be able to re-register and subscribe again to any other stage on Giro d’ Italia Virtual for the effects of using our Services.
5. Warranty and liability disclaimer
Giro d’ Italia Virtual guarantees that each of the Virtual Stages will be made available to you in a professional manner with content suitable for its intended purposes, and that we will provide the Services of the Website/GIV Platform in a diligent and professional manner and will ensure that the Services are of high quality. However, we do not warrant that the Services will be error-free.
To the extent permitted by applicable law, Giro d’ Italia Virtual shall not be liable, under any circumstances, for damages of any kind that may be caused, including but not limited to, by the lack of availability of the GIV Platform; by any incident or technical failure and any loss of data that may result therefrom, as well as by any situation considered as a fortuitous cause or force majeure, despite having taken all the necessary technological measures to prevent it.
Under no circumstances Giro d’ Italia Virtual will assume any responsibility for any other content published by third parties or arising from any link belonging to an external website, nor will it guarantee the technical availability, quality, reliability, accuracy, comprehensiveness, truthfulness, validity and constitutionality of any material or information contained in the GIV Platform, hyperlinks or other Internet sites.
Giro d’ Italia Virtual reserves the right to update, modify or delete the information contained on the Website and/or the GIV Platform, as well as its configuration or presentation, at any time without assuming any responsibility for it.
6. Intellectual and Industrial Property Rights
Giro d’Italia Virtual itself or as licensee, is the owner of all intellectual and industrial property rights of the Website and the GIV Platform, as well as of the contents of the Website including, but not limited to, audiovisual works, recordings (sound, visual and audiovisual), texts (including also written transcriptions of videos or recordings), images, trademarks, logos, distinctive signs, sounds and animations and the databases that make up the Website and/or the GIV Platform and form part of the same).
Giro d’ Italia Virtual allows you to access and view the contents for your personal use only, and any use other than this and, in particular, any use intended to compete with the Services provided by Giro d’ Italia Virtual is expressly prohibited. Therefore, during the contracting of the selected Services, we provide you with a non-exclusive right to access the Services and therefore your account has a personal and non-transferable nature.
In accordance with the provisions of national, European, and international legislation on intellectual property, the reproduction, distribution and publication, including making available, of all or part of the contents of the Website and the GIV Platform and, specifically, of the content produced by Giro d’ Italia Virtual, for commercial purposes, on any medium and by any technical means, without the prior written authorisation of Giro d’ Italia Virtual, are strictly forbidden.
7. Third Party links
Giro d’ Italia Virtual is not responsible for the content posted by third parties or for the websites of third parties that can be reached from the Website and/or the GIV Platform; nor for the accuracy, veracity and validity of the information that is not of its own creation, and whose content belongs to third parties outside Giro d’ Italia Virtual.
8. Jurisdiction and dispute resolution
Giro d’ Italia Virtual reserves the right to take any civil and/or criminal action it deems appropriate for improper use of its website and/or the GIV Platform, as well as its contents or for breach of these conditions.
Without detriment to the option available to the parties to submit themselves voluntarily to the online dispute resolution system mentioned in the following section, the relationship shall be governed by the regulations in force and applicable in Spanish territory.
Should any dispute arise, the parties may submit their disputes to arbitration or submit them to ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard, with submission to the forum of the consumer's place of residence.
Notwithstanding the above, in accordance with Regulation (EU) 524/2013, the European Commission provides a free access platform for the extrajudicial resolution of online disputes through electronic contracting (http://ec.europa.eu/consumers/odr/) to which the parties may submit themselves voluntarily, through the intervention of the so-called Dispute Resolution Body, which acts as a neutral intermediary between the two parties.
- Link to complaint form: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=ES
- Link to dispute resolution organisations finder: https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2