TERMS AND CONDITIONS

Applicable to all orders of McLloyd Sport Tracker v4 (STv4) as of January 2, 2017

MAC LLOYD is a simplified joint-stock company with a capital of € 24,512 registered in the Paris Trade and Companies Register under number 790 862 544, whose registered office is located at 154 boulevard Macdonald, 75019 Paris, France. Unless otherwise agreed between the parties, any rental of a product from MAC LLOYD implies that the lessee accepts these terms and conditions of rental. MAC LLOYD reserves the right to modify these general rental conditions at any time. The general rental conditions applicable are those in force on the date of signature of the lease by the lessee and attached to the latter.

ARTICLE 1: SUBSCRIPTION TO THE RENTAL AGREEMENT

1.1. The MAC LLOYD products (“Products”) rented are those offered on the mclloyd.com website (“Site”).

1.2. Any order implies full and unreserved acceptance by the user of the Contract. To place an order remotely, the user must have a valid email address required to receive confirmation of his order sent by email. The user accepts and acknowledges that the validation by him of his order on line shows the proof of his consent to said order.

1.3. The non-transmission of data related to the order prevents the realization and analysis of the transaction of the user. The occurrence of an unpaid due to the fraudulent use of a credit card or other means of payment will result in the registration of contact details related to the order associated with this unpaid within an incident payment file . An irregular declaration or an anomaly may also be the subject of a specific treatment. The user is informed that the failure or refusal to transmit the requested items (eg the delivery address) will prevent MAC LLOYD from granting a guarantee on the transaction concerned.

ARTICLE 2. WITHDRAWAL RIGHTS

2.1. As part of a remote control, the user has 14 days from receipt of the Products to exercise his right of withdrawal. To exercise the right of withdrawal, the user must notify his decision to withdraw before the expiry of the aforementioned period, by means of an unambiguous declaration, for example by using the withdrawal form attached, to the address Next: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The user must return the Products, in a state of a new marketing, in its original packaging accompanied by all its accessories, instructions and documentation to the same address, without undue delay, and in any case, at most 14 days after the communication of the withdrawal decision. This period is considered respected if the user returns the Products before the expiry of the period of 14 days. In the absence of restitution, MAC LLOYD will begin to bill the user in the terms provided for in the subscription contract. The direct costs of return are the responsibility of the user. The responsibility of the user is engaged only with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the Product. MAC LLOYD will refund all amounts paid by the user under the order, including delivery charges, no later than 14 days from the date on which MAC LLOYD is informed of the decision of the user to retract, using the same means of payment that the user will have used for the initial transaction, unless the user expressly agrees a different way.

2.2. This right of withdrawal can not be exercised when the Product has been made according to the particular specifications desired by the user (presence of a personalized registration or a technical specificity for example).

ARTICLE 3. USE OF PRODUCTS

3.1. The lessee is prohibited from assigning, pledging or using the product as a guarantee, notwithstanding the fact that the risks are transferred to the lessee upon delivery of the goods, after unloading.

The lessee undertakes not to grant any other right in respect of the rented property for the benefit of any person and likely to affect the availability or full ownership of MAC LLOYD.

The lessee will ensure that product identification is always possible.

The lessee undertakes to inform any third party of the existence of this clause. The lessee shall ensure that the identification of the products is always possible.

The lessee undertakes to inform any third party of the existence of this retention of title clause concerning the products, particularly in case of seizure.

Failure to pay any of the due dates or amounts due to MAC LLOYD within the specified time period may result in the claim of some or all of the proceeds up to the amount due to MAC LLOYD that they are expired or due.

The user will be the guardian of the Products within the meaning of Article 1242 of the Civil Code from the delivery of the Products until its delivery to MAC LLOYD. He undertakes to keep the products for the duration of the Contract and to take the necessary care.

3.2. Throughout the duration of the Contract, the user agrees to use the products in accordance with its intended purpose, the normally expected use of such equipment and to read the technical documentation and specifications of the manufacturer. provision with the products.

Conditions of handling, storage, transportation and use :

3.2.1 The lessee declares that he is competent to use the product which he undertakes to use through his duly qualified, trained and authorized personnel.

3.2.2 The lessee shall refrain from any modification, development or transformation of the product.

3.2.3 The conditions of handling, storage, transportation and use of the product are specified in the data sheet provided by MAC LLOYD.

In particular, it is stated in the technical sheet that:

– the product must be stored in a non-humid room, whose temperature is between 10 and 40 ° C;

– the boxes are loaded in the briefcase provided by MAC LLOYD. The lessee must open the case when charging the boxes;

– the cardio tank tops must be washed without detergent at a maximum temperature of 40 ° C. Cardio tank tops should not be tumble dried;

– the cardio tank tops must be transported in a separate bag. Cases must be transported in the case provided by MAC LLOYD.

3.2.4 The lessee is obliged to protect the product against degradation and to maintain it if necessary in accordance with MAC LLOYD standards. Given the technical nature of the product, the lessee acknowledges that only MAC LLOYD will be able to carry out any repairs in case of damage noted on the product during the rental, or after the return of the product by the lessee.

3.3. In case of breakdown of the products, the user will inform MAC LLOYD without delay by telephone or with the email address contact@mac-lloyd.com and will return the products by parcel post, under packing providing an appropriate protection, to the address and according to the modalities indicated to him. In the event of breakdown resulting from a vice inherent to the Products or a case of force majeure, MAC LLOYD repairs or exchange (device of identical model or, if this apparatus is no more commercialized or available, an equivalent apparatus having characteristics similar techniques) defective products during the term of the Contract. In the event of a breakdown that does not result from an inherent defect in the products or a case of force majeure, the cost of repairing the Product, after an estimate accepted by the user, will be billed to the user; the rejection of the quote will result in the immediate termination of the Contract by the user. The maintenance of the Products is carried out exclusively by MAC LLOYD, or by any provider of its choice.

3.4. In case of disappearance or theft of the Products, the user undertakes to inform MAC LLOYD. The user undertakes to make a declaration to the competent authorities in case of theft and to send a copy to MAC LLOYD. This notification of disappearance or theft to MAC LLOYD will result in the termination of the Contract by the user.

3.5 Installation

In connection with the subscription to the “Support +” option at the price indicated on the Site, MAC LLOYD will proceed or have it proceed by any person of its choice, upon delivery or on the date agreed between the Parties, at the installation. product at the lessee.

It is recalled that, for the use of the product, the taker must have a computer equipped with a Mac operating system (macOS 10.12 or newer) or PC (Windows 10 Redstone 1 or newer).

An initial training lasting approximately (5) hours maximum will be carried out by MAC LLOYD for the purpose of demonstrating the use of the product. Additional training of a duration of approximately five (5) hours maximum may be provided at the request of the lessee.

If the policyholder has not subscribed to the “Support +” option, a similar service will be provided remotely by a product expert designated by MAC LLOYD. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.

3.6 Assistance

MAC LLOYD provides the taker free remote technical assistance regarding the product, available from 9am to 18pm from Monday to Saturday for a period of one (1) year from the delivery of the product to the address contact @ mac -lloyd.com.

In the context where the customer has subscribed to the paid option “Support +”, an expert appointed by MAC LLOYD may be required to intervene on site for this assistance within reasonable time.

3.7 Malfunction

In case of malfunction of the product, the lessee must report this malfunction via the “alert” option of the software. The “Team viewer” remote control software must be installed on the lessee’s computer to allow MAC LLOYD to process this assistance.

ARTICLE 4: LIABILITY / INSURANCE

4.1 MAC LLOYD can not be held responsible towards the taker of the consequences of a malfunction of the rented product, which would not be due to a lack of conformity existing at the time of the provision of the latter or to a hidden defect .

Unless otherwise stated, MAC LLOYD’s liability shall be limited to the amount of the lease, to the exclusion of any other compensation, in particular due to the immaterial or indirect damages that may be suffered by the lessee (such as the loss of exploitation, missed earnings, …).

MAC LLOYD can also be responsible for losses, theft or damage caused to any property of the lessee or any third party during the conservation of the products until its return.

MAC LLOYD can not be held responsible for damage resulting from bad conditions or abnormal conditions of handling, storage, transport or use of the product by the lessee.

4.2 The lessee is responsible for the use of the product and for the damage suffered by this product, excluding the harmful consequences of its hidden defects as soon as the lessee furnishes proof of these defects. He assumes responsibility for the financial consequences of this damage.

4.3 The lessee undertakes to take all the necessary insurance to cover the damage suffered and caused by and to all the elements making up the product. The policyholder must hold third-party liability insurance to cover third-party damages when using the product.

4.4 MAC LLOYD is insured for its professional liability with Gan Assurances.

ARTICLE 5: DECLARATION IN CASE OF LOSS

5.1 The lessee undertakes to inform MAC LLOYD in the event of an incident of any nature whatsoever, as soon as he becomes aware of it and to send him his written declaration of loss no later than forty-eight ( 48) hours from the knowledge of the incident. The latter must mention in particular the circumstances of the incident (date, place, etc.).

5.2 In the event of theft of the product, he must make a declaration to the competent authorities mentioning the identification of the product and the circumstances of the flight, within forty-eight (48) hours of the discovery of the flight, and transmit in the same delay to MAC LLOYD all the documents relating thereto. If necessary, the lessee must send to MAC LLOYD upon receipt any additional document or document sent or served.

5.3 The lessee undertakes to inform MAC LLOYD of any transaction or negotiation with a third party relating to a claim that has damaged the product so that MAC LLOYD may if necessary safeguard or assert its rights.

ARTICLE 6. FINANCIAL CONDITIONS

6.1. The amount of the rent and the initial payment are those appearing on the online store present on the website mclloyd.com at the time of subscription to the subscription. These amounts are expressed in euros, excluding tax and all taxes included.

6.2. Rents owed by the user under the Contract are invoiced monthly. When subscribing to the Agreement, the user expressly authorizes MAC LLOYD to issue to him each month a bill on durable medium in electronic form.

6.3. The user can pay bills by direct debit meeting the SEPA (Single Euro Payments Area) standard.

6.4. Any delay of payment, even partial, entails the day after the deadline, without a formal notice being necessary:

– the payment of late penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, and

– the payment of a lump sum indemnity for recovery costs in the amount of forty (40) euros. In the event that the recovery costs incurred are higher, MAC LLOYD may request additional compensation, upon justification.

ARTICLE 7. DELIVERY

7.1 In the context of a remote order, the products are delivered according to the delivery methods appearing on the Site.

7.2 Transport costs are split at 50% for MAC LLOYD and 50% for the customer, i.e. $ 250 for delivery in Europe and North America, $ 500 in Asia, € 600 in other territories. MAC LLOYD undertakes to make its best efforts to deliver the product to the lessee within the time agreed between the parties, which shall not exceed six (6) weeks from the receipt of the lease by MAC LLOYD.

Upon delivery, the risk of the product is transferred to the lessee who assumes custody under his sole and entire responsibility.

7.3 The lessee acknowledges having received the product in good condition for use and maintenance, suitable for operation unless expressly stated by the lessee when receiving the product. As such, the lessee must immediately postpone on the delivery note his reasoned reservations related to any apparent non-compliance of the order including any differences in quantities, losses, apparent damage, damage, specifying, in all case, the number of products concerned as found at the time of delivery. For the sole purpose of allowing MAC LLOYD to exercise any recourse against the carrier, these reservations must be made directly on the delivery note, or sent to the carrier by registered letter with acknowledgment of receipt within 3 working days the delivery of the products (in this case, a copy of this letter will be sent to MAC LLOYD).

ARTICLE 8. INFORMATION AND CORRESPONDENCE

The user undertakes to communicate and to update during the term of the Agreement his exact identification information and bank details to MAC LLOYD. In all correspondence with MAC LLOYD, the user must mention his surname, first name and his customer reference. Incomplete applications will not be processed.

ARTICLE 9. DURATION

The Rental Agreement comes into force upon its acceptance by MAC LLOYD and is concluded for a period indicated in the signed estimate. In the absence of a commitment period indicated in the signed estimate, or in the case of a contract via the website mclloyd.com, the rental contract is concluded for a minimum period of 180 days (6 months) excluding the period of possible free trial (see article 11). Unless terminated under the conditions provided for in Article 10, the Contract is renewed by tacit agreement for successive periods of one month (“Renewal Period”).

ARTICLE 10. FREE TRIAL

At the customer’s request, and under certain conditions (see conditions below), the customer can benefit from a 30-day free trial period.

10.1 Start date of the free trial period:

For rentals not from the mclloyd.com website, the start date of the free trial period corresponds to the date of configuration and training in the use of the product by a McLloyd product expert, which follows the receipt of the product by the customer.

For rentals from the mclloyd.fr website, the start date of the free trial period corresponds to the date of subscription to the offer by the customer.

10.2 Condition for activating the free trial period:

To benefit from a 30-day free trial, the customer agrees to post at least two photo or video content on their own social networks identifying the McLloyd brand and presenting McLloyd products or their use during this 30-day period. These representations must not be such as to damage the image of the McLloyd product or brand. If these conditions are not met, an additional month’s rental will be charged at the end of the rental agreement, even if it ends during the free trial period.

ARTICLE 11. TERMINATION

11.1. The Contract can be terminated by the user from his Subscriber Area at any time outside the commitment period on the site or by mail to the address MAC LLOYD, Parc d’affaires de Millau Viaduc 1. 233 Boulevard de Roullens, workshop no ° 3, 12100 Millau. The contract ends on the date of receipt of the material by McLloyd. This date cannot precede the end of engagement date mentioned in the estimate or, failing the commitment period indicated in the signed estimate, or in the case of a contractualization via the website mclloyd.com in the case of one, 180 days (ie 6 monthly payments) after the start date of the contract outside the free trial period (see Free trial).

For example, a customer takes out a McLloyd rental contract with a free trial period via the mclloyd.com website dated 01/15/2021, he receives his equipment on 01/25/2021 and receives the configuration and training on 01/26/2012.

• If he returns the equipment before 2/15/2021 (inclusive) with proof of the date sent to McLloyd, the contract will end and he will not be charged. The return costs remain at his expense.
• If he does not return the material before 2/15/2021 (inclusive) with proof of the date sent to McLloyd, he will not be able to break the contract and return the material before 07/15/2021. For example, he may express his wish to terminate the contract on 07/10/2021, then return the equipment on 07/22/2021. The contract will end on the date of receipt of the material by McLloyd. If this exceeds 08/15/2021, the customer will be charged an additional billing, otherwise the customer will not be charged and his last billing will have taken place on 07/15/2021.

The customer must return the material provided at his own expense. The McLloyd will verify the equipment and any invoicing as mentioned in article 12-Resitution.

ARTICLE 12. RESTITUTION

12.1At the expiration of the rental contract, the lessee has the obligation to make the product available for return to MAC LLOYD under the conditions defined in article 2.1 in the event of withdrawal, or (ii) in good used condition and maintenance, with all of its accessories within 30 days of the effective date of termination, by sending to MAC LLOYD at the address indicated in article 2.1, in a packaging ensuring appropriate protection in the event termination.

Return transport costs are the responsibility of the customer.

The product will only be considered returned to MAC LLOYD after delivery of the return slip signed by the MAC LLOYD expert noting the good condition and the complete return of the product.

Subject to the prior agreement of MAC LLOYD before the end of the rental period, the lessee may also decide to return the product to MAC LLOYD in conditions allowing the integrity of the product during transport and loading / unloading operations , for which he will assume the risks and costs.

The product is packaged in such a way as to ensure optimal protection of the product when it is made available and in particular during transport. The lessee is therefore required to transport and return the product in this packaging.

MAC LLOYD will have a period of three (3) working days to confirm the proper return of the product (that is to say, the full return, in good condition and cleaned of the product) and will send the customer the correct return slip .

12.2 The lessee is required to return the complete product, in good condition and cleaned.

In case of non-return of the product, MAC LLOYD reserves the right to invoice the lessee for the immobilization of the product until its return. This compensation is calculated pro rata temporis per day of non-return of the product compared to the total rental amount.

In the event of return of incomplete Products, in poor condition and / or not cleaned or of non-return of Products, MAC LLOYD reserves the right to:

• bill the lessee for repair and / or cleaning services in the amount of fifty (50) euros per ten (10) boxes, and / or.
  • invoice a product immobilization allowance during the repair time. This compensation will be calculated in proportion to the number of days of immobilization compared to the total rental amount.
  • invoice, in addition to the usual subscription amount, the equipment, accessories, dismountable elements or spare parts not returned at the monthly rental price of the product reported for a period of 6 months (ie for example € 14.90 HT times 6 for a Sport Team V4 tracker, i.e. € 89.4 excl.tax, or € 5.90 times 6 for a cardio bra accompanied by its cardio sensor, i.e. € 35.4 excl. MAC LLOYD reserves the right to modify these invoicing amounts downwards in light of the exchanges between MAC LLOYD and the customer concerning the circumstances which led to the non-return of the Products concerned.

12.3 In the event of theft or loss of the product, the contract and the invoicing of the rental of the product will only end upon receipt by MAC LLOYD of the lessee’s theft or loss declarations in accordance with article 11.

ARTICLE 13: FORCE MAJEURE

MAC LLOYD or the lessee can not be held responsible for the absence or delay in the performance of all or part of the obligations resulting from these general rental conditions and / or the contract due to a force majeure event, if he fulfills the legal conditions required to qualify force majeure in French law, regardless of the damage suffered.

In addition, will be qualified as a case of force majeure, the events of interruption, breakdown and sabotage means of telecommunication or energy, fire, flood, exceptional weather, heat wave, riot, war, total or partial strike, lock out , the prohibitions or restrictions of the public authorities, or the delay of return of the product by another customer.

The party affected by the case of force majeure agrees to immediately notify the occurrence of this event to the other party by registered letter with acknowledgment of receipt.

The party affected by the case of force majeure undertakes to make its best efforts to implement the necessary means to minimize the damage that may result.

The case of force majeure suspends the obligations of the party directly affected by the case of force majeure throughout the duration of its existence. However, if the case of force majeure had a duration of existence greater than thirty (30) consecutive days, it would be entitled to the cancellation by right of the sale by one or other of the parties eight (8) days after the first presentation of a registered letter with acknowledgment of receipt, notifying that decision.

ARTICLE 14. CLAIMS

In the event of a breakdown / claim, the user can contact McLloyd at the following coordinates: by email at contact@mac-lloyd.com/ by mail at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau.

ARTICLE 15. PERSONAL DATA

15.1. The user undertakes, in any circumstance and for regular use, to make a backup of all of his data recorded on the products on an external support. In case of return of the Product, the data may be altered or erased as part of the maintenance operations. In case of return, they will be definitively erased. MAC LLOYD can not be held responsible for the remaining data on products returned by the user. This data will no longer be accessible by the user once the products are returned.

15.2. The personal data of the user are processed in accordance with the law of January 6, 1978 relating to data, files and freedoms and the European regulation on the protection of personal data. The bank details of the user may be used by MAC LLOYD for payment of any amount due and born of a contract with MAC LLOYD. The user has a right of access, rectification, deletion and opposition for legitimate reasons on the data concerning him as well as a right to the portability of his data via his Subscriber Area or by addressing a mail and by justifying its identity to: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The user also has the possibility to set guidelines for the storage, erasure and communication of his personal data after his death, which he can exercise in the same way.

ARTICLE 16: INTELLECTUAL PROPERTY

16.1 The lessee is prohibited from using, except with the express written consent of MAC LLOYD, of any brand, design, model, patent, slogan and more generally of any intellectual property right that MAC LLOYD holds or for which MAC LLOYD would benefit from a license.

The lessee uses the product for his exclusive personal use, or for the sole benefit of one of his collaborators

16.2 By installing the software allowing the use of the product, the lessee is granted by MAC LLOYD a non-transferable, non-exclusive personal license and for the strictly limited duration to that of the lease. As a result, the lessee acknowledges that the software allowing the use of the product is not sold to him and that the lessee has no right of ownership in the latter.

The lessee is not authorized to:

1.copying, printing, transferring, transmitting or displaying all or part of the software;

2. sell, rent, sublicense or otherwise distribute the software;

3.use the software to provide data processing, bureau service, time-sharing or other similar services of any kind to any other individual, company or entity;

4.edit the software and / or merge all or part of the software into other computer programs;

Compile, decompile, disassemble, translate, analyze, reverse engineer, or attempt to do so.

16.3 Unless stated otherwise, the license is recognized under the same conditions to the licensee on software updates and evolutions.

ARTICLE 17: LANGUAGE

These general rental conditions are written in French. In the event that they are translated into one or more languages, only the French version will prevail in the event of a dispute between the parties.

ARTICLE 18: APPLICABLE LAW – JURISDICTION

18.1 These general rental conditions and any resulting rental contract are governed by French law.

18.2 In the event of a dispute concerning the existence, validity, formation, interpretation, performance or termination of these general rental conditions and / or the contract and the termination of their relationship, the parties shall undertake to attempt to resolve the dispute amicably.

For this purpose, the most diligent party shall invite the other party, by registered letter with acknowledgment of receipt, to meet within fifteen (15) days of receipt of such notification.

Failing amicable agreement within thirty (30) days from receipt of the first notification, the parties grant exclusive jurisdiction to the Commercial Court of Paris notwithstanding the cases of plurality of defendants or warranty, and this even in case of summary.

MAC LLOYD – SAS with a capital of € 24,512 – RCS PARIS 790 862 544, whose head office is located at 154 boulevard Macdonald, 75019 Paris, France.PRINTING FORMULA TO PRINT AND SEND IN LRAR.

Please complete and return this form only if you wish to withdraw from the contract at: MAC LLOYD, Millau Viaduc Business Park 1. 233 Boulevard de Roullens, workshop n ° 3 12100 Millau. The simple return of the good without declaration or the refusal to take delivery are not enough to express your will to retract.

—–

Attention: MAC LLOYD

I hereby notify you of my retraction of the contract for the rental of the property below:

___________________________________________________________

Ordered on ________________________ / received on ___________________________

Your email address used when ordering: ___________________________

Your Name filled in when ordering ___________________________

Your name filled in when ordering ___________________________

Your address

_______________________________________________________________________

_______________________________________________________________________ –

Signature of the consumer (only in case of notification of this form on paper)

Date: ___________________________________

GENERAL CONDITIONS OF USE OF THE SITE AND SUBSCRIPTION TO DATA SERVICES

MAC LLOYD (hereinafter, “MCLLOYD”) is a simplified joint stock company, having its registered office at 127, rue du Faubourg Poissonnière in Paris (75009), registered in the Paris Trade and Companies Register under the number 790 862 544, whose business is consulting in computer systems and software. Its legal representative is Mr Pierre-Arnaud COQUELIN.

MCLLOYD’s technical and commercial support can be reached on 0783469662, and by email at contact@mclloyd.com.

MCLLOYD has created the website www.data.mclloyd.com (hereinafter the “Site”) providing its Users (hereinafter, the “Users”) with various offers to access tracking data relating to the performance of horses in premium horse races organised by FRANCE GALOP (hereinafter, the “Data”).

The Site offers various Services allowing Users to subscribe to subscriptions to obtain the Data directly on the Live interface, or the communication of orders for lines of code to access Databases.

These general terms and conditions of use (hereinafter, the “GTC”) apply automatically to Users as soon as they log in to their User Account, and/or subscribe to one of the Offers proposed by MCLLOYD, either directly on the Site or following a direct exchange with MCLLOYD.

1. Definitions

Whenever used in the GTC, the following capitalized terms shall have the meanings set forth below:

• “Subscription” means the subscription taken out by the User with MCLLOYD, allowing access to the Data according to one of the Offers proposed by MCLLOYD. All Subscriptions have a Minimum Subscription Period of six (6) months;

• “Database” means the database(s) including, but not limited to, the Data; the presentation of the Data and the structure of the Database; the indexing system; the associated documentation; updates; new releases;

• “Collection” or “Tracking” means the operation by which sensors installed on horses transmit Data concerning the performance of horses during a Race;

• “Races” means Premium Gallop horse races, whether flat or over jumps, listed in the race programme prepared by FRANCE GALOP, approved by the Minister of Agriculture and subject to Tracking;

• “User Account” means the private space of the User accessible from the Site with his/her login details, necessary to use the Services;

• “Data” means the data collected by means of the Sensors during the Races, with or without reprocessing, and available on the Site. The Data may be organised in Databases. Data includes at a minimum the horse’s ranking, speed and acceleration, progress through the Race, position relative to other horses, and time;

• “Login Details” means the email and password communicated by MC LLOYD to the User after subscription to a Subscription, for the creation of his User Account. The Connection Elements allow the User to connect to his User Account and to benefit from the Services;

• “JSON File” means a data file in JavaScript Object Notation (JSON) format, which is a textual data format derived from the JavaScript language object notation;

• “JSON Stream” means a data stream in JavaScript Object Notation (JSON) format, which is a textual data format derived from the object notation of the JavaScript language;

• “Racecourse” means the racecourses for which data tracking is possible, and therefore allowing MCLLOYD to offer the Services on its Site for the Races taking place at these Racecourses. The Racecourses are listed in Appendix 1 and on the MCLLOYD Site on page 21 ;

• “Live Interface” means the live access service to Race Data via computer (excluding tablets) on the Site at www.data.mclloyd.com;

• “Offer” means the 8 types of packages offered by MCLLOYD to Users to access the Data Levels. These Offers are described in Section 5;

• “Data Level” means the three (3) types of Data access offered by MCLLOYD. These are “Sectional Data”, “Full Data” or “Direct Access Data” as defined in Section 5. The Data Levels are accessible through different Offerings;

• “Site” means the website available at www.data.mclloyd.com which presents, among other things, MCLLOYD’s activity and the Data Offers and Levels allowing the User to access MCLLOYD’s Services;

• “User” means any individual or entity browsing the Site and/or subscribing to an MCLLOYD Service for access to Data;

• “Service” means the services offered by MCLLOYD, all Offers and Data Levels combined. A User who receives a free trial from MCLLOYD is considered to have subscribed to a free Service.

2. Origin of Rights

MCLLOYD designs and manufactures sensors (trackers) that measure the physical and physiological parameters of top athletes and transmit them to analysis software. In particular, MCLLOYD has developed a high-precision tracker capable of measuring the performance of horses during races.

In this context, FRANCE GALOP and MCLLOYD have entered into a partnership to collect and disseminate data relating to the performance of horses in horse races organised by FRANCE GALOP.

In application of this partnership, FRANCE GALOP, which is the sole owner of the raw Data collected, has authorised MCLLOYD to exploit the Data, by selling it to any individual or legal entity of its choice and to process the Data, in particular by constructing statistics, in order to monetise it.

These data are distinct from the raw data and images distributed by the company Pari Mutuel Urbain (“PMU”, SIREN No. 775 671 258) enabling the addressing of horse racing bets on French races from abroad.

The right of sale of the Data by MCLLOYD is understood to be exclusive, except as regards their distribution to all the racing companies referred to in the decree of 5 May 1997 relating to horse racing companies and mutual betting, the GIE PMU and all companies or entities over which FRANCE GALOP exercises control, alone or jointly with the parent company of trotting horse races and/or with the GIE PMU, in particular SAS EQUIDIA, which carries out an activity as a publisher of audiovisual communication services.

3. Scope of application and modification of the GTC

3.1. The GTC apply by operation of law to access to the Site and to access, sale and use of the Data, Databases and, more broadly, of the MCLLOYD Services, without distinction according to whether the User is a professional or a private individual, subject to the specific provisions of consumer law mentioned in article 14.3.

The GTC are applicable to all transactions between the User and MCLLOYD, including free trials, and for the entire duration of the use of the Data.

The fact of using one of MCLLOYD’s Services or subscribing to an Offer implies full and complete acceptance by the User of the GTC, the technical and commercial proposal that may be associated with it, as well as compliance with the obligations arising from the Intellectual Property Code and the licenses for use of the Services, subject to any special conditions negotiated between the parties.

The GTC may be accepted online, or by exchange of emails or by any other means.

3.2 MCLLOYD reserves the right to modify the GTC at any time.

The User will be notified by email to the address provided in the User Account, and will have thirty (30) days from such notification to terminate his or her Subscriptions, if any, if he or she does not wish the new GTC to apply.

During this 30-day period, the old GTC will remain applicable.

Continued use of the Service after this period shall constitute acceptance of these changes.

3.3 MCLLOYD may, in addition to or independently of the Services offered to Users, provide other services such as, for example, equipment rental (hereinafter the “Other Services“). These Other Services are billed separately and are subject to specific terms and conditions that are separate from these GTC. Any subscription to Services accompanied by an Other Service will therefore be subject to and governed, distributively, by these GTC and the general conditions applicable to these Other Services.

Finally, in accordance with the regulations in force, the Parties reserve the right to derogate from certain clauses of the GTC, depending on the negotiations conducted between them, by establishing special conditions which may result in particular from an order form or a specific quote, an agreement materialised by email or by any other means.

Where applicable, all provisions of the GTC that are not contradicted by the special conditions negotiated between the parties shall apply.

4. Terms of access to the Services

4.1. Conditions of access

The User may benefit from the Services if, and only if, he or she

• is over 18 years of age;
• uses them for lawful purposes only;
• uses them on a computer only (excluding mobile phones and tablets);
• follows MCLLOYD’s instructions for retrieving the Data;
• uses the User Account whose login details will be provided by MCLLOYD under the conditions described in article 4.2;
• complies with the conditions of use set out in the GTU;
• has the appropriate tools and sufficient knowledge in how to use Data in JSON format if he/she has subscribed to a corresponding Offer.
• is already in contract with the company Pari Mutuel Urbain (“PMU”, n ° SIREN 775 671 258), if it addresses horse racing betting on French races
• do not use it to market “bet exchange” bets, allowing live betting against other bettors
• do not use it to proceed “bet exchange” bets, allowing live betting against other bettors

In addition, the JSON Files, JSON Streams and Databases are intended for use by knowledgeable customers in the horse racing and betting industry who have the technical knowledge to access and use such data (including coding skills and developer training). MCLLOYD will not provide any training to the User on how to access the JSON Files, JSON Streams and Databases. Only the Direct Access Offer (see article 5) allows an amateur User to access the Data without any particular skill.

4.2 User Account

Once the User has subscribed to the Services, he/she will receive by email his/her login details, which he/she will keep confidential, and which will enable him/her to connect to the User Account.

The User undertakes to provide complete, sincere and unambiguous information and to keep it up to date.

In the event that the data transmitted by the User for access to MCLLOYD’s Services proves to be insufficient, misleading, deceptive or usurped, MCLLOYD shall have the option of closing the User’s Account without delay and without prior notice.

The User undertakes to use only his User Account and not to use the login details of any third party. In any event, MCLLOYD shall not be liable for the use of the User Account by a third party, and the User alone shall be liable for any actions, accesses, or steps taken by a third party on his User Account.

The right to use the Web Site and access the Services shall not be construed as a grant of license or assignment of MCLLOYD’s intellectual property rights in the Web Site or its contents.

4.3. Quality of Access

MCLLOYD will use reasonable efforts to keep the Site and the Services accessible and operational 7 days a week, except for network disruptions beyond its control or maintenance or upgrades.

In this regard, certain technical difficulties, maintenance, testing or updates necessary to reflect changes in relevant laws and regulatory requirements may, from time to time, cause temporary interruptions for which MCLLOYD shall not be liable.

Accordingly, MCLLOYD reserves the right, from time to time, and at any time, to modify or discontinue, temporarily or permanently, the functions and features of the Site or the Services. Reasonable advance notice will be given to the User where possible.

In any event, the User will be informed prior to any interruption of a duration expected to exceed three (3) days by email, sent at least 24 hours before the start of the interruption period.

Interruptions shall not exceed a maximum of fifteen (15) days, except in cases of force majeure.

The User understands and agrees that MCLLOYD has no obligation to maintain, support, upgrade, or update the Site, provided that the Services are accessible or refunded to the User during the period in which they were not accessible.

Finally, the User acknowledges that the quality of access to the Data may vary from one device to another, and may be affected by various factors, including the User’s location, available bandwidth and/or internet connection speed.

Thus, the User acknowledges and accepts that the Internet network may experience periods of saturation due to bandwidth congestion, outages due to technical incidents or maintenance interventions, decisions of the companies managing the said networks or any other events beyond the control of MCLLOYD.

Consequently, since the purpose of the Services is to access the Data via the Internet, MCLLOYD shall not be liable for any malfunction or interruption of the services incumbent upon the latter originating from events affecting the communication networks and, more generally, any event beyond the control of MCLLOYD.

MCLLOYD shall not be liable for any deterioration or loss of data due to a malfunction of the networks or any other reason beyond its control and, in general, for any deterioration or malfunction resulting from a cause falling under force majeure.

4.4. Assistance

MCLLOYD’s technical and commercial support service can be reached from 10:00 a.m. to 6:00 p.m. Monday to Friday at the following address

LIAM REYNOLDS – GLOBAL SALES EXECUTIVE

lreynolds@mclloyd.com

+33 786 337 949

5. Description of Services

MCLLOYD makes available to the User, under the financial conditions described in article 8, three Levels of Data (§5.1), accessible according to different Offers (§5.2).

In any case, beyond the free trial that the User may benefit from, the User must subscribe to a Subscription to have access to the Data (see article 6).

5.1. Designation of accessible Data Levels

MCLLOYD offers three levels of Data (§5.1): “Sectional Data”, “Full Data” and “Direct Access”.

The Data is available during the Race (Live with a latency of less than 1.5 seconds on average, depending in particular on the quality of the User’s internet connection), after the official result, or on request in the form of a Database, depending on the Offer subscribed to by the User.

5.1.1 Sectional data

The Sectional data Offer concerns a batch of Data relating to one and only one Race, containing 10 fields transmitted at the end of the successive 200-metre sections which cut out the Race until its finish.

More specifically, from the finish post, virtual gates are set up every 200 metres to collect the Data, according to the following nomenclature (hereinafter, the “Sectional Data Nomenclature“):

5.1.2. Full data

The Full Data Level means a batch of Data containing 35 fields transmitted every 10th of a second, according to the following nomenclature (hereinafter, the “Full Data Nomenclature“):

5.1.3. Direct Access

The Direct Access Data Level refers to a batch of Data relating to a single Race, containing 10 fields transmitted every 10th of a second.

5.2. Presentation of MCLLOYD Offers

The Data Levels listed in article 5.1 are made available to the User according to different Offers, under the financial conditions indicated in article 8 of the GTC.

The Offers presented in the GTC constitute MCLLOYD’s basic offer, which may however give rise to adjustments according to the particular conditions agreed between the Parties, by means of a quote or customised access, as described in Offer n°8 below (article 5.2.8).

5.2.1. Offer n°1: Direct access during the Race (Live Interface)

The User has live access on his User Account to the Live Interface allowing him to follow the Races live through the Tracking data, without needing any tools or technical knowledge.

The Live Interface is dynamic (10Hz, i.e. 10 refreshes per second) and presents the Tracking Data of the current section and of past sections (portions of 200 meters of a Race).

The User can only access the data during the Race, live, within the limits and conditions set out below:

5.2.2. Offer n°2: Live JSON Sectional Data stream

The User has access to the JSON stream of Data accessible live during the Race only.

5.2.3. Offer n°3: Full Data JSON Live Stream

The User has access to the JSON Stream of Data accessible live during the Race only.

5.2.4. Offer no. 4: Sectional Data JSON File

The User has access to the JSON Data File for the Race concerned, approximately ten (10) minutes after the end of the Race and after reprocessing taking into account the official result of the Race.

5.2.4. Offer no. 4: Sectional Data JSON File

The User has access to the JSON Data File for the Race concerned, approximately ten (10) minutes after the end of the Race and after reprocessing taking into account the official result of the Race.

5.2.5. Offer n°5: Full Data JSON File

The User has access to the JSON Data File for the Race concerned approximately ten (10) minutes after the end of each Race, and after reprocessing taking into account the official result of the Race.

5.2.6. Offering 6: Historical Database in Sectional data consultation

This Offer will be available from 15 June 2021, subject to confirmation by MCLLOYD of the availability of the Offer.

The User has access to an Online Database containing the Tracking Data of all the Races tracked since 1 January 2021.

The User will have unlimited access to the Database for the duration of his Subscription. The access will be read-only, with no downloading possible.

5.2.7. Offer 7: Full Data Historical Database

This Offer will be available from 15 June 2021, subject to confirmation by MCLLOYD of the availability of the Offer.

The User has access to an Online Database containing the Tracking Data of all the Races tracked since 1 January 2021.

The User will have unlimited access to the Database for the duration of his Subscription. The access will be read-only, with no download possible.

5.2.8. Offer n°8: By quotation

MCLLOYD is at the disposal of the User to discuss any request which is not included in Offers 1 to 7, and/or which includes the exploitation of the Data for commercial purposes.

Where applicable, all the provisions of the GTC that are not contradicted by the special conditions negotiated between the parties shall apply.

6. Subscription to Services

Unless special conditions are provided for in a personalized quote, the Services offered by MCLLOYD are only accessible by subscribing to a Subscription, which may be preceded by a free trial.

6.1. Free Trials

The User may benefit, upon request by email to contact@mclloyd.com, from a free trial of fifteen (15) days maximum, granted by MCLLOYD. MCLLOYD’s response time to any request for a free trial is two (2) working days.

For Offers n°6 and n°7, which include access to a Database with the history of Races since January 1, 2021, this free trial may only include, at most, Races that took place during the last thirty (30) days.

In any case, unless otherwise agreed, only one free trial per household or per company will be authorised, all Offers included.

6.2. Subscription

Unless special conditions have been agreed between the parties, at the end of the free trial, or in any case in the event of direct subscription without a free trial, in order to access the Data, the User must take out a monthly Subscription for a minimum period of six (6) months (hereinafter the “Minimum Subscription Period“).

The Subscription may be taken out :

• Directly on the Site,
• By acceptance of a quote from MCLLOYD after discussion with the sales department.

The content of the Subscription is defined according to the Offer chosen by the User.

The Minimum Subscription Period may not be terminated, except under the conditions described in Article 9.

At the end of the Minimum Subscription Period, the User will have the option of :

• Take no action: in this case, the six (6) month Subscription corresponding to the Minimum Subscription Period will be tacitly renewed for a period of one (1) month, every month;

• Go to your User Account, Subscriptions section (https://mclloyd.com/my-account/view-subscription/) to prevent the tacit renewal of the Subscription, by selecting “CANCEL”, fifteen (15) days before the end of the current Subscription.

6.3. General provisions

Generally speaking, it is expressly agreed between the parties that MCLLOYD is not bound by any duty to advise the User on the world of racing or betting, and the User declares that he/she has good knowledge in this field.

Thus, the User declares that he/she understands and accepts that MCLLOYD does not provide any advice or recommendation, in particular with regard to the use of the Data, the bets that the User may wish to make after analysis of the Data, which is only objective information at a given moment, likely to contain errors, and does not prejudge the future performance of a horse in a forthcoming Race.

7. Rights granted to Users

The User is informed that MCLLOYD has exclusive rights to use the Data and the Files, Streams and Databases, and that it is the sole owner of the rights to their presentation, content and arrangement.

The User has a simple right of personal use within the strict limits of these GTC and the law, and subject to the specific conditions defined between the parties.

In consideration of the payment by the User of the Subscription price, MCLLOYD grants a limited, non-exclusive, non-transferable and revocable license to use the Data. This license is exclusively limited to private and personal use of the Data for betting and analysis purposes. No property rights to the Data are granted to the User. The User undertakes to use the Data solely for his own benefit, under penalty of being held liable. It is hereby specified that no service that may directly or indirectly compete with the Services offered by MCLLOYD, the Data or Databases, is granted to the User.

The User shall not reuse, copy, reproduce, transmit, resell, share, distribute or transfer the Data to any third party in any manner whatsoever, whether free of charge or for a fee, and regardless of the User’s relationship with such third party. In addition, the license granted does not permit the User to display or make available the Data, unless a new agreement has been entered into between the User and MCLLOYD permitting such uses. The same applies to the publication and/or dissemination of information on a recurring basis from the Data accessible through the Services.

Similarly, the User shall not decompile, decode, copy, adapt or dismantle the protection system of all or part of the Data or the Database. The User shall not copy access instructions provided by MCLLOYD except for its own purposes, nor shall it use the Database or the Data to create a new catalogue, transfer the Data to other databases, manipulate and/or use the Database or the Data in a manner that may, directly or indirectly, compete with MCLLOYD.

Re-use of the Data or the Database, by making all or a qualitatively or quantitatively substantial part of it available to the public in any form whatsoever, is prohibited, except with the consent of MCLLOYD under conditions to be defined.

In accordance with the law, the User is prohibited from extracting, reusing, storing, reproducing, representing or preserving, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the Data or of the content of the Database.

The User is authorized to extract, after having sought and obtained the express prior written consent of MCLLOYD, the contents of the Database in non-qualitative and non-quantitative parts or to use the information contained in the Data or Database in particular for teaching, scientific or research purposes, including the extraction and manipulation of the information for the purposes of illustration, explanation, example, comment, criticism, teaching, research or analysis.

8. FINANCIAL CONDITIONS

8.1. Applicable prices

The prices charged to Users are those in effect on the date of subscription to the Subscription.

MCLLOYD shall be free to change the applicable prices at any time, subject to three (3) months notice.

As an exception, changes in the prices of current Subscriptions will only be applicable at the next tacit renewal of the said Subscription, thus leaving the possibility for the User who so wishes to defeat the renewal.

Apart from any free trials that may be granted by MCLLOYD within the framework defined in the TOS, no price reduction will be applied. Furthermore, early payment of the Subscription, if applicable, shall not give rise to any discount.

Except for special conditions provided for in particular in the context of a personalised quotation, as of 1 January 2021, the applicable prices are as follows:

These prices are for personal use of the Data by the User and a single connection per User Account, without downloading, and subject to any special conditions defined by the Parties.

8.2. Methods of payment

8.2.1. Terms of payment of the price

Except in the case of special derogatory conditions provided for by the parties, payment shall be made by debit to the User’s bank card, previously registered, or by SEPA debit to the IBAN previously registered, and in accordance with the conditions described below.

By registering his bank card on his User Account, or his IBAN, the User accepts in advance that MCLLOYD may proceed with the transaction and therefore authorises in advance his bank to debit his account, even in the absence of invoices signed by the cardholder.

The User further warrants that he/she is fully entitled to use the payment card or IBAN registered by him/her and associated with his/her User Account, and that such means of payment provide access to sufficient funds to cover all costs resulting from the use of MCLLOYD Services.

Subscriptions are payable in advance, by month.

Thus, at the beginning of each month, MCLLOYD will make available on the User Account the monthly invoice corresponding to the Subscription subscribed.

Payment will be made in advance, monthly, on the anniversary of the Subscription subscription by debit to the bank card or account whose IBAN has been pre-registered by the User.

8.2.3. Payment security

MCLLOYD uses payment service providers that comply with the PCI standard. The payment made by the User is therefore secured and certified by the card issuer or the bank where the account is opened, and all payments are made through an encrypted Internet connection.

Furthermore, the credit card number and/or IBAN are not printed on any paper, invoice, bill or other listing.

8.2.4 Incidents or default of payment

Incidents of payment on the bank card or account corresponding to the User’s IBAN, leading to refusal of payment or delay in payment of MCLLOYD’s invoices, will result in the suspension of the Subscription.

After two (2) months of suspension, the Subscription will be automatically terminated without further notice.

9. DURATION AND TERMINATION OF THE SUBSCRIPTION

9.1. Duration of use of the Data

Unless special conditions are stipulated, particularly in the context of a personalised quote, all Subscriptions take effect from the first day of the month of subscription, for a Minimum Subscription Period of six (6) months.

At the end of the Minimum Subscription Period, in order to avoid any discontinuity in service, Subscriptions are automatically and tacitly renewed for successive periods of one (1) month, at the rate in force at the time of renewal, communicated or published by MCLLOYD.

9.2 Termination of Subscription

9.2.1. Failure to renew by tacit agreement

The Subscriber may object to the tacit renewal of the Subscription by going to his User Account, in the subscriptions section (https://mclloyd.com/my-account/view-subscription/) and selecting “CANCEL”, fifteen (15) days before the expiry of the current Subscription.

9.2.2. Termination for fault

The Subscription may be terminated early in the event of a breach by one of the parties of one or more of its obligations, which has been the subject of a formal notice by the other party by registered letter with acknowledgement of receipt.

In the event that the said formal notice remains without effect for more than fifteen (15) days from its receipt, the Subscription may be terminated as of right.

To do this, the party wishing to avail itself of the automatic termination must send the defaulting party a new registered letter with acknowledgement of receipt, the termination taking effect after a period of fifteen (15) days following the first presentation of the said letter.

As an exception to the foregoing, in the event of a breach by the User of MCLLOYD’s intellectual property rights and/or use of the Data or Databases or the Site for purposes not provided for in the GTC, MCLLOYD may terminate the Subscription automatically, without notice, by sending a registered letter with acknowledgement of receipt, stating the violations in question, and without prejudice to any legal proceedings and any claim for compensation, including for consequential and indirect damages.

9.2.3. Termination in the event of a price change not accepted by the User

Within fifteen (15) days after notification by MCLLOYD of a price change, the User who does not intend to accept this change may terminate the Subscription by registered letter with acknowledgement of receipt or on his User Account if the Minimum Subscription Period has ended.

If the User is in a Minimum Subscription Period at the time of notification of the rate change, termination of the Contract may only take effect at the end of the Minimum Subscription Period, during which the rate applicable on the day of subscription will be applied.

Once the aforementioned fifteen (15) day period has elapsed, the User will lose his right to terminate the Contract on the basis of this article, but may in any event prevent the next tacit renewal under the conditions of article 9.2.1.

9.2.4. Termination in case of persistent force majeure

If, due to an event of force majeure persisting for more than forty-five (45) days, MCLLOYD is unable to provide the Races Data, the User may terminate the Subscription as of right, without notice, by written notification sent by registered letter with acknowledgement of receipt to MCLLOYD.

Such termination shall take effect upon first presentation of the notice, and without MCLLOYD being liable for any compensation to the User other than, if applicable, the reimbursement of the months of unused Subscriptions.

9.2.5. Termination by MCLLOYD in case of loss of the right to use the Data

As an exception, the loss of the right of MCLLOYD to use the Data, as described in Article 2 of the GTC, shall give MCLLOYD the right to terminate all Subscriptions by giving three (3) months’ notice, without entitling the User to any compensation.

9.2.6. Consequences of termination of the Subscription

Termination of the Subscription, for whatever reason, will result in the closure of the Customer’s User Account.

Upon termination of the Subscription, whatever the cause, the User undertakes not to copy, reproduce, in particular with a view to their communication to third parties, and more generally not to reuse, disclose, distribute in any form whatsoever, translate or adapt the Data, the Files or Streams, or the Database, or the instructions for accessing the Databases, nor to make any use whatsoever likely to infringe the rights of MCLLOYD or FRANCE GALOP.

10. INTELLECTUAL PROPERTY

10.1. Data

FRANCE GALOP is the sole owner of the intellectual property rights on the raw Data and the Databases created from the latter, and has granted an exclusive right of use to MCLLOYD, under the conditions set out in article 2.

MCLLOYD is the sole owner of the intellectual property rights on the Data that it has reprocessed and the Databases created from the latter and is the only one entitled to market the Data.

In accordance with the terms of Article 6, the User shall not reuse, copy, reproduce, transmit, resell, or share the Data.

10.2. Site

MCLLOYD is the sole owner of the intellectual and industrial property rights to the Site, including its components (including software, content, colours, trademarks, images, etc.) and architecture.

Any action or attempt to infringe or attempt to infringe MCLLOYD’s aforementioned rights (including reproduction, representation, modification, distortion, total or partial exploitation) shall be punished in accordance with the applicable legal provisions, both criminal and civil, and shall give rise to the closure of the User’s Account, without prejudice to any claim for damages made by MCLLOYD.

The subscription to the Services by the User implies the use of the Site within this strict limit and for the sole purpose of performing the Services.

It is expressly agreed between the parties that the use of the Site by the User does not imply any transfer or concession of intellectual property rights on the Site.

In particular, but not exclusively, it follows that the User may not make the Site available to a third party, and is prohibited from any act that would be detrimental to MCLLOYD’s property rights.

11. GUARANTEES AND LIABILITY

11.1. Responsibilities and warranties of MCLLOYD

MCLLOYD guarantees the User against any infringement action by third parties due to the Use of the Files, Feeds, Data and/or Database to which the User has access by subscribing to one of the MC LLOYD Services.

MCLLOYD regularly updates the Data and Databases.

This update is made within the timeframe specific to each selected Offer and described in article 5, except in the case of force majeure or an event likely to hinder the operation of MCLLOYD Services and beyond its control.

MCLLOYD does not warrant that the Site or the Data are free of malicious code or other harmful components and does not warrant or assume any responsibility for websites referenced by hypertext link or appearing on a banner or other advertisement.

MCLLOYD shall not be liable to the User or the User’s customers for any loss or damage of any kind resulting from:

the use of the Data or the Database ;

any other circumstances arising in connection with the Services or any decision or action taken by the User in reliance on the Data.

MCLLOYD does not guarantee that the information contained in the Data is free of errors and does not guarantee, among other things, the completeness of the information. In this respect, it is recalled that the ranking of horses and other Tracking Data are subject to multiple external factors, implying the possibility of errors.

MCLLOYD is under no obligation to advise the User regarding the Data provided. The User is solely responsible for determining its needs and the Data and information it wishes to access.

The Data, Feeds, Files and Databases may be subject to changes by MCLLOYD (error correction, clarifications etc.), which shall not give rise to any claim by the User. The User shall be informed in writing of any changes made.

MCLLOYD shall not be liable for any events that may result from the User’s interpretation and use of the Data.

MCLLOYD shall in no event be liable for any direct or indirect damages such as loss of data, loss of business, loss of customers and, more generally, for any business interruption whatsoever that may result from the Use of the Data and/or the Database.

In any event, MCLLOYD’s liability shall be limited to the amount paid by the User to MCLLOYD during the last twelve (12) months.

11.2. Responsibilities of the User

The User is responsible for any activity that occurs on his User Account. The User must therefore maintain control of the User Account and prevent others from accessing it.

The User assumes all risks associated with the exercise of the rights granted to him/her under the TOS and the Services, including without limitation compliance with applicable laws, damage to and loss of data, programs, materials and unavailability of operations.

The User is solely responsible for determining its needs and the Data and information it wishes to access and use.

Thus, the User is solely responsible for decisions taken on the basis of the Data or Databases, and for their consequences.

The User guarantees that he/she will only access the Data under the conditions and for the use provided for in the GTC and in particular in Article 7.

In the event of non-compliance by the User with these conditions and in particular with the strictly private use of the Data and the prohibition to make commercial use of it or to make it available to third parties, MCLLOYD shall be entitled to :

terminate without notice all Services and Subscriptions subscribed to by the User under the conditions referred to in Article 9.2.2 in fine,

take legal action against the User to enforce its rights and obtain compensation for its damages.

In this context, the User shall in particular be liable for all recipients who have had access to the Data in fraud of MCLLOYD’s rights through it, directly or indirectly, whether they have had access in whole or in part, for a prolonged period or for a short period, in good or bad faith.

12. FORCE MAJEURE

MCLLOYD shall not be liable to the User for any failure to perform in the event that such failure results from an event of Force Majeure, and vice versa.

In such a case, MCLLOYD shall inform the User in writing by email within twenty-four (24) hours of its occurrence and shall use its best efforts to limit the negative effects of such a situation.

13. PERSONAL DATA

In the course of performing the Services, the parties may be required to provide each other with personal data, which shall be subject to applicable laws on the protection of personal data.

The personal data collected by MCLLOYD will be processed for the following purposes:

• Management of the relationship with the User;
• Management and monitoring of the Services subscribed to;
• Keeping of accounts;
• Use for anonymised statistical purposes;
• Anonymised tracking of User behaviour on the Site for service optimisation purposes.

MCLLOYD only retains data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.

For accounting purposes, data is kept for 10 years from the end of the accounting period.

MCLLOYD does not transfer the personal data it processes to countries outside the European Union.

The data relating in particular to the User’s Connection Elements are stored solely for the purpose of accessing the Services, in accordance with all security guarantees.

Under the conditions defined by the French Data Protection Act and the European Data Protection Regulation, individuals have

• The right to object, on legitimate grounds, to personal data concerning them being processed in ways other than those set out herein;
• The right to object, free of charge, to the data collected being the subject of current or future commercial processing by the data controller;
• The right to be informed, subject to proof of identity, about the processing of their personal data;
• The right to obtain information on the processing of personal data managed by MCLLOYD and all information enabling them to know and, if necessary, to challenge the logic behind the processing of said data. To do so, the User must prove his identity;
• Subject also to proof of identity, the right to obtain a copy of personal data concerning them, as well as a right to rectify, update or delete all or part of said data. MCLLOYD undertakes to implement the requested changes or deletions without delay and to justify them to the User without delay.

These rights may be exercised by e-mail to the following address: contact@mclloyd.com

If necessary, a complaint may be lodged with the CNIL, at the following address

CNIL

3 Place de Fontenoy

TSA 80715

75334 PARIS CEDEX 07

MCLLOYD also guarantees that the payment service provider referred to in Article 7 complies with the regulations applicable to banking and personal data.

14. APPLICABLE LAW, JURISDICTION AND SETTLEMENT OF DISPUTES

14.1. The GTC are written in French and in English. In case of contradiction between the two versions of the GTC, the French version shall prevail.

The GTC are subject to French law.

14.2. Provisions applicable to legal entities

In the event of a dispute arising from the Services, the use of the Site or the Data, the parties shall endeavour to resolve their dispute amicably.

The most diligent party shall notify the other of the existence of a dispute by registered letter with acknowledgement of receipt. The parties shall have a period of thirty (30) days from the first presentation of the said letter to attempt to reach an amicable agreement.

In the absence of an amicable settlement under the conditions set out above, the dispute shall be submitted to the jurisdiction of the competent court within the jurisdiction of the Paris Court of Appeal, even in the event of multiple defendants.

14.3. PROVISIONS APPLICABLE TO CONSUMERS

In the event of a dispute arising from the Services, the use of the Site or the Data, the parties shall endeavour to resolve their dispute amicably.

The most diligent party shall notify the other of the existence of a dispute by registered letter with acknowledgement of receipt. The parties shall have a period of thirty (30) days from the first presentation of the said letter to attempt to reach an amicable agreement.

In any event, the User may have recourse to a consumer mediator in the event of a dispute with MCLLOYD.

In the event that it is impossible to reach an amicable agreement, the competent territorial jurisdiction shall be defined by application of articles 42 and 46 of the Code of Civil Procedure.

APPENDICES

The appendices are an integral part of the GTC and have the same value. Acceptance of the GTC implies acceptance of the annexes.

***

APPENDIX 1: List of Racecourses for which Tracking Data are available as of 1 May 2021, and subject to change