Our terms and conditions | Racecheck
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TERMS AND CONDITIONS

Effective Date: May 2018

  1. Introduction
    • We are Racecheck Limited. Our company information is at the end of this document.
  1. Definitions
    • Capitalised terms have the following meanings in these terms and conditions:
      1. “App” – the Racecheck application distributed by us including any related services provided by us.
      2. “Appstore” – the app store from which you download the App.
      3. “Appstore Rules” – any applicable rules, policies or terms of the relevant Appstore.
      4. “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
      5. “Content” - all information of whatever kind published, stored or sent on or in connection with our Service.
      6. “Organiser” – a User who uses our Service in connection with the organisation or promotion of events.
      7. “Service” – our App, website and any related services
      8. “User” - any person who uses our Service.
  1. Applicability of the terms and conditions
    • Please read these terms and conditions carefully. They cancel and replace any previous versions. By downloading our App or registering on our website, you agree to be bound by these terms and conditions. There is a legal contract between you and us when you download the App or when we send you a confirmation email following website registration.
  1. Changes to the terms and conditions
    • We may change these terms and conditions by notice on our website and/or by notice by email, SMS and/or in-app message. You will be bound by the revised agreement if you continue to use our Service following the effective date.
  1. Use of our Service - general
    • We grant Users a limited personal right to use our App on any applicable device owned or controlled by you in accordance with the Appstore Rules subject to these terms and conditions.
  1. Acceptable use policy
    • You agree that you will not in connection with the Service:
      1. breach any applicable law, regulation or code of conduct;
      2. publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
        1. is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
        2. infringes any intellectual property or other rights of others;
  1. we otherwise reasonably consider to be inappropriate;
  1. publish or send any Content which involves revealing any personal data of another person (i.e. information enabling someone to be identified or contacted) unless that person is 18 years or over and you have obtained that person’s explicit written consent;
  2. impersonate any person or entity for the purpose of misleading others;
  3. sell access to the Service;
  4. use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
  5. sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
  6. use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
  7. do anything which may have the effect of disrupting the Service;
  8. do anything which may negatively affect other Users’ enjoyment of the Service; or
  9. attempt, encourage or assist any of the above.
  1. Your Content
    • You are responsible for your Content.
  1. Content of other Users
    • You accept that we have no obligation to vet or monitor Users or their Content. We do not endorse or recommend any events. You rely on such information and/or deal with other Users at your own risk. We accept no legal responsibility for the accuracy of, or otherwise in relation to, any such Content or in connection with any dealings between Users. It is your responsibility to carry out careful and detailed investigations before dealing with other Users including use of or reliance on their Content. You should not assume that any Content from another User is accurate and be aware that a person may not be who he or she claims to be.
  1. If you are an Organiser:
    • You promise that:
      1. any events listed on our Service will be operated in accordance with highest standards reasonably to be expected in the relevant industry and in accordance with all applicable laws, regulations and codes of conduct; and
      2. you will use any contact information supplied by Users in connection with the listing strictly in accordance with applicable data protection and other laws.
  1. Third party services / advertising / websites
    • We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
  1. Guidance by us
    • Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.
  1. Your account
    • Your account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).
  1. Payment
    • Certain optional extra features of our Service are available only on a paid basis, both one-off and on subscription. Payment is in advance. The prices shown on our website include VAT unless we say otherwise.

If you are a subscriber:

If you are an Organiser:

  1. Cancelling, ending or suspending this contract
    • If you are a a Consumer located within the European Economic Area, you may have the right to cancel this contract (“cooling off”). Please see the Annex below.

 

  1. Functioning of our Service
    • We do not guarantee that the Service will be uninterrupted or error-free.
  1. Liability
    • Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
  1. damage to or loss of data

(even if we have been advised of the possibility of such losses).

  1. You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
  2. To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  3. This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.
  1. Intellectual property rights
    • All intellectual property rights in connection with our Service are owned by us or our Users. For the purposes of your personal use only, you may view such material on your device and print a single copy. You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.
  1. Privacy
    • You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy policy [link] which is subject to change from time to time.
  1. Legal compliance
    • You promise that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  1. Events outside our control
    • We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
  1. Transfer
    • We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
  1. English law
    • These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is info@racecheck.com
  1. General
    • We may send all notices under this agreement by email to the most recent email address you have supplied to us or by SMS or in-app message. Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. (Where Apple Inc is the Appstore, Apple and Apple’s subsidiaries are third party beneficiaries of this agreement, and, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.) The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
  1. Complaints
    • If you have any complaints, please contact us via the contact details shown below.
  1. Company information
    • Company name: Racecheck Limited
    • Country of incorporation: England and Wales.
    • Registered number: 09974171
    • Registered office and trading address: 5 Quarrendon Street, London, England, SW6 3ST
    • Other contact information: See our website.
    • VAT number: 232196521

Version 1.0


ANNEX

  1. Right to cancel (“cooling off”)
    • If you are a Consumer located within the European Economic Area, you have the right to cancel this contract subject to the provisions set out below.

Right to cancel

 

Effects of cancellation

MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

— To Racecheck Limited, 5 Quarrendon Street, London, England, SW6 3ST, or email at info-at-racecheck.com

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],

— Ordered on [*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

[*] Delete as appropriate