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TERMS AND CONDITIONS
Effective Date: May 2018
- We are Racecheck Limited. Our company information is at the end of this document.
- Capitalised terms have the following meanings in these terms and conditions:
- “App” – the Racecheck application distributed by us including any related services provided by us.
- “Appstore” – the app store from which you download the App.
- “Appstore Rules” – any applicable rules, policies or terms of the relevant Appstore.
- “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
- “Content” - all information of whatever kind published, stored or sent on or in connection with our Service.
- “Organiser” – a User who uses our Service in connection with the organisation or promotion of events.
- “Service” – our App, website and any related services
- “User” - any person who uses our Service.
- 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.
- Please save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible in this form in future. These terms and conditions are available in the English language only.
- These terms and conditions apply to all Users.
- In relation to our App: These terms and conditions are an end user licence agreement between you and us (not the Appstore) and, in addition, you agree to be bound by the Appstore Rules.
- 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.
- 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.
- Where you communicate with us on behalf of a company / organisation, you promise that you have authority to act on behalf of that entity.
- You are not eligible for, and must not use or register on, our Service if:
- you are below 18 years of age;
- display of or access to any aspect of this Service is illegal under the laws (if applicable) of the country from which you are accessing the Service (e.g. because the country does not permit such a Service or display of or access to such material at all or because you are under the relevant age limit in that country); or
- you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct, harassment or involving dishonesty.
- You must comply with any instructions or guidelines within the Service.
- You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
- We do not supply support except to the extent specifically stated on our Service or in these terms and conditions.
- You acknowledge that the Appstore has no obligation to supply any maintenance and support services in relation to the App.
- The App is compatible with applicable devices and associated operating systems (OS’s) which have been released as at the date we launched the App (or as at the most recent app update). We do not guarantee that the App is or will be compatible with any other devices or OS’s. We may issue App updates through the Appstore; if so, you may not be able to use our App properly or at all until you have downloaded the update, which may be subject to the agreement of new terms and conditions. It is your responsibility to frequently monitor for App updates and to install them as soon as they become available.
- Acceptable use policy
- You agree that you will not in connection with the Service:
- breach any applicable law, regulation or code of conduct;
- publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
- is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
- infringes any intellectual property or other rights of others;
- involves phishing or scamming or similar; or
- we otherwise reasonably consider to be inappropriate;
- 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;
- impersonate any person or entity for the purpose of misleading others;
- sell access to the Service;
- use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
- sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorized by us;
- use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
- do anything which may have the effect of disrupting the Service;
- do anything which may negatively affect other Users’ enjoyment of the Service; or
- attempt, encourage or assist any of the above.
- Your Content
- You are responsible for your Content.
- You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content as contemplated by the Service and these terms and conditions.
- If you post a review, you promise that you have no personal or business relationship with the subject matter of the review, that you are not a competitor of that entity, that have not been offered any incentive to write the review and that the review is your independent, honest, genuine opinion.
- If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
- We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to re-publish or re-send the relevant Content.
- We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
- It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
- We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
- We may irretrievably delete your Content without telling you after this agreement ends or if your account has been inactive for six
- 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.
- You acknowledge that in using the Service you may be exposed to offensive or other inappropriate Content or behaviour. If so, please contact us using the email address shown below. If appropriate, you should seek relevant external help, for example from law enforcement authorities and/or stop using the Service.
- You acknowledge that we permit Users to post reviews in relation to you and/or your services and that these will be publicly available for viewing and will remain so after this agreement ends. We are not responsible for monitoring or editing reviews. You acknowledge that such reviews may be critical or defamatory of you.
- If you have any complaint about Content or behaviour which you think is defamatory or otherwise infringes your rights, please email us at email@example.com. We do not guarantee that any particular Content will be removed.
- If you are an Organiser:
- You promise that:
- 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
- you will use any contact information supplied by Users in connection with the listing strictly in accordance with applicable data protection and other laws.
- We do not guarantee that your listing will generate any particular level of revenues or suitable enquiries
- 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.
- 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.
- 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).
- 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.
- You must contact us immediately with full details if you dispute any payment.
If you are a subscriber:
- Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service.
- Where stated on our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you end your subscription before the renewal date by following the instructions on our Service. Ending your subscription does not entitle you to a refund. You authorise us and our payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.
- We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least one month before any price change takes effect. If you do not accept the new fee, you should end your subscription by following the instructions on our Service. Otherwise the next renewal of your subscription after the one month’s notice will be at the new price.
- Any discount codes or vouchers which we make available to you in connection with your subscription are subject to the applicable terms and conditions of the relevant retailer. You promise to comply with these.
If you are an Organiser:
- You are legally committed to pay one-off fees once we confirm your order. You must make all payments without any set-off, counterclaim or any other deduction. Time shall be of the essence for all payments under this agreement.
- If any amount due to us is unpaid (including unjustifiable chargeback), without prejudice to any other remedy that may be available to us, we may charge you: (1) a reasonable additional administration fee; (2) the amount of any third party charges imposed on us; and/or (3) interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
- 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.
- You may at any time end this contract without refund by following the instructions on our Service to delete your account. (Ending the contract doesn’t entitle you to a refund unless you have Consumer “cooling off” rights, explained above.)
- We are entitled at any time to end this contract by email notice without cause. If so, we will refund in full any subscription fees already paid which relate to the period after termination.
- We are entitled at any time end this contract by email notice without refund if we terminate our Service as a whole.
- We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If we end the contract, we will refund subscription payments relating to the period after termination.
- If this contract ends: Your right to use our Service and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.
- Functioning of our Service
- We do not guarantee that the Service will be uninterrupted or error-free.
- We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.
- We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.
- 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.
- Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- there is no breach of a legal duty owed to you by us or by any of our employees or agents;
- such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
- such loss or damage is caused by you, for example by not complying with this agreement; or
- such loss or damage relates to a business of yours.
- Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
- The following clauses apply only if you are not a Consumer:
- In no event (including our own negligence) will we be liable for any:
- economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
- loss of goodwill or reputation;
- special, indirect or consequential losses; or
- damage to or loss of data
(even if we have been advised of the possibility of such losses).
- 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.
- 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.
- 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.
- 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.
- Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
- You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
- You must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.
- You grant us worldwide, perpetual, non-exclusive, transferable (with right to sub-license), royalty-free permission to use, distribute, copy, alter, display, and create extracts of, or derivative works from, your Content in any media formats, on our own Service, on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. We are entitled to sell your reviews and other Content to third parties. You waive your moral rights in relation to such Content to the extent legally permitted. You also grant each User a licence to use your Content in accordance with these terms and conditions.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.org
- 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.
- If you have any complaints, please contact us via the contact details shown below.
- 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
- 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.
- You lose the right to cancel contracts for digital downloads where the supply began before the end of cancellation period with your express consent and you acknowledged that your right to cancel would be lost in such case.
- If you do have the right to cancel, the following apply:
Right to cancel
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day of the conclusion of the contract.
- To exercise the right to cancel, you must inform us Racecheck Limited, 5 Quarrendon Street, London, England, SW6 3ST of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail at info-at-racecheck.com). You may use the model cancellation form at the end of this document but it is not obligatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
- If you cancel this contract, we will reimburse to you all payments received from you.
- We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.
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),
[*] Delete as appropriate