Last updated: March 15, 2022
1.1. Racecheck Limited is a company registered in England under
company number 09974171 whose registered office is at Scott House 3.20,
London SE1 7LY (“Racecheck”, "we",
1.2. Racecheck operates the website at racecheck.com (the “Site”) and the Racecheck app which can be found in the App
Store and Google Play (the “App”). In these Terms, the Site and the App together are called the “Platform”.
1.3. The Platform provides information (including but not
limited to text, graphics, photographic images, data and links) about external
sporting events (“Events”), set out in more detail at clause <8 (the “Services”).
1.4. Third parties who organise Events can sign up to the
Platform as “Organisers” and
can use the Platform to promote their Events.
Individual users who have an interest in Events can sign up to the
Platform as “Athletes”.
1.5. Any person who uses the Platform – whether as an Athlete,
an Organiser or a guest - (“Users”) is granted a limited personal right to use the Site or App on any
applicable device owned or controlled by you in accordance with the relevant
App store or Google Play rules and subject to these terms and conditions of use
set out herein (these “Terms”).
1.6. Access to and use of the Site, App and the Services shall
be at all times strictly subject to these Terms.
(together with any further documents or policies referred to herein) set out
the legal terms and conditions on which we operate the Platform and, subject to
clause 1.8, provide the
Services. By using the Platform, you (“you”) confirm that you accept and agree to be bound by the Terms
in relation to your access to and use of the Site, App, Services and any
External Materials (as defined in clause 10.9) provided to
you through the Site or App. If you do not accept and agree to these Terms, you
must not access or use the Site or App and you will therefore not be able to use
the Services. We recommend that you review these Terms each time you use the
Services and print a copy off for your records. You are also responsible for
ensuring that any persons who access the Site or App using your internet
connection are aware of these Terms and that they comply with them.
clause 1.7, you
acknowledge and accept that these Terms may not represent the entire agreement
relating to the provision of the Racecheck Services and that certain Services will
be subject to agreement of additional terms between you and Racecheck and/or
certain third parties from time to time.
1.9. A full list of the definitions used in these Terms can be
found at clause 18.
1.10. If you have any questions, complaints or suggestions in
relation to the Site, App, Racecheck Services or these Terms, please email firstname.lastname@example.org.
FURTHER TERMS THAT MAY APPLY TO
Terms expressly refer to the Privacy
Policy, which also apply to your use of our Site, App and Services.
includes important terms which apply to you and our use of your personal data.
TO THESE TERMS
We may amend these Terms from time to time and will
indicate the effective date of the Terms at the top of the page. Therefore, every
time you wish to use the Site, App and/or procure any of the Services, please
check these Terms to ensure you fully understand those that apply at that time.
TO THIS SITE OR APP
We fully reserve our right without limitation (and without
liability to you or any third party) and without notice to develop, modify, add
to, remove from, suspend, or discontinue temporarily or permanently the Site,
App and/or the Services from time to time.
Further, we do not guarantee that the Site, App or any
further content (including the External Materials) on the Site and App, will
always be available or be uninterrupted.
will only ever use any personal information you provide to us in connection
order to use the Platform as an Athlete or an Organiser, or to use any of the
Services, you will first need to create an account with us (a “Racecheck Account”) by entering your
details where indicated using the online registration form here.
open a Racecheck Account you must provide all the information which is
requested on the registration pages.
is your responsibility to keep your contact details up-to-date on your
Racecheck Account and you are solely responsible for securing and backing up
your content. We may, from time to time, send you important information using
the details that you have provided to us. If those details are incorrect or not
up-to-date you may not receive important information relating to your Racecheck
Account, the Services or these Terms.
reserve our right to terminate or suspend your Racecheck Account at any time if
we suspect you have acted in breach of these Terms.
Your Racecheck Account will allow you to submit personal
information which must be true, accurate and not misleading.
For the avoidance of doubt, any websites, social media
channels or third-party apps which we use but which are not owned by us (“Third-Party Platforms”) will have their
own terms which may apply to your Content. You are responsible for
familiarising yourself with and accepting the terms of any such Third-Party
Your Content must not:
(a) contain any material which
is or may reasonably be considered to be defamatory, threatening, offence,
abusive, discriminatory of in breach of confidence;
(b) be illegal or infringe on
any third-party rights; and
(c) contain any representations
on behalf of any third-party whereby you have not expressly stated whether it
is an expression of your opinion or not.
We are under no obligation to remove your Content; however, we
do have the discretion to do so. We also have the right to terminate your
access to any or all of the Services at any time, without notice, for any
reason, including without limitation, breach of these Terms and if your account
has been inactive for six months, we may irretrievably delete your Content.
Creation of Events by Organisers
Organisers are able to create and add details of Events to
the Platform using the tools available within the Platform.
Racecheck is under no obligation to accept any such Event submission
and shall be entitled, at its sole discretion to reject or subsequently remove
any such Event without any liability.
Racecheck is not responsible for and accepts no liability for
any inaccuracies or omissions in relation to the details of Events posted by
You can create a Racecheck Account and sign up to use the
Services provided by Racecheck which shall be accessible from your Racecheck Account.
As an Organiser, you can add an Event for the purposes of promoting
your Event and providing the Athletes with information with regard to the same,
should they wish to take part in such Event.
Booking of Events by Athletes
Athletes are able to book places on some of the Events via
Where an Athlete books an Event through the Platform,
Racecheck will act as the agent for the Athlete and will submit the booking information
provided by the Athlete to the Organiser.
The Athlete is solely responsible for the accuracy of the information
they provide to Racecheck.
During the Event booking process, the Athlete may be offered
additional products or services by the Organiser or by other parties working
with the Organiser (for example, a car park or travel provider) (“Extras”), and the Athlete will be
provided with additional details about the Event, including the Organiser’s own
terms and conditions (“Organiser’s Terms”),
and any terms and conditions relating to any Extras (“Extra’s Terms”). These Organiser’s
Terms and any Extra’s Terms will govern the Athlete’s participation in the
Event as well any Extras that the Athlete wishes to purchase and we strongly
recommend that the Athlete should read all of these carefully.
Once the Athlete has completed all of the details required to
register for the Event, and has confirmed their acceptance of the Organiser’s
Terms and the Extra’s Terms (if any), Racecheck will act as the Athlete’s agent
to submit their registration information to the Organiser, to accept the
Organiser’s Terms and the Extra’s Terms (if any), and to submit any relevant
entry fee, on behalf of the Athlete
During the Event booking process, Racecheck will give details
of the costs payable by the Athlete for the Event booking (and any Extras
ordered by the Athlete). This needs to be paid before Racecheck will submit the
Athlete’s registration information as described in clause 8.9. Payment for the Event shall
be made by the payment method specified on the Platform and chosen by the
Athlete. By submitting your credit or debit card details, or other form of
payment method (Payment Method), you
are representing that you are the card holder or are otherwise expressly
authorised to use such payment method
When the Organiser accepts the booking request, a contract
will be formed between the Athlete and the Organiser in accordance with the
Organiser’s Terms, with Racecheck acting as the Athlete’s agent only.
In certain circumstances, Racecheck may be entitled to a
commission payment from an Organiser in respect of Events booked through the
Platform by Athletes. In these
circumstances, no additional payment will be required from the Athlete and the
booking service is provided by Racecheck at no charge to the Athlete.
If an Event is cancelled by the Organiser, or if an Athlete
wishes to cancel their booking of an Event, this will be subject to the Organiser’s
Terms. These terms will also govern any
refund which may be payable to the Athlete by the Organiser.
Intellectual Property Rights in all software, text and visual content made
available to you on the Site or App remain at all times the property of Racecheck
(and its licensors) and, where applicable. the Users. All rights are expressly reserved
by Racecheck (and its licensors).
hereby grant Racecheck a worldwide, perpetual, irrevocable, transferable (with
the right to sub-license), royalty-free, non-exclusive licence to use, distribute,
copy, reproduce, modify and/or publish any images, text or other content
uploaded by you to public-facing areas of the Site and App in any way we see
fit (whether on the Site, App or via other platforms, media or publications) without
further notice or payment to you or any third party. For the avoidance of
doubt, this includes branding, logos or images uploaded.
hereby grant to you a revocable, royalty-free, non-exclusive licence to access
the Site and App provided that you comply in full with these Terms at all
times. Your access to the Site and App confers no rights whatsoever to the
content and related intellectual property rights contained within the Site and
uploading your Content to our Platform, you herby grant us, together with other
users, an irrevocable non-exclusive licence to view and use your Content without
you suspect that any content on the Site or App may infringe any intellectual
property rights that you own or control, please email email@example.com.
10. WARRANTIES AND LIABILITY
10.1. We shall endeavour to
provide the Services to you with reasonable skill and care as described in
10.2. Other than as set out in
these Terms, we will provide the Services without any representations and
without any warranties of any kind whether express or implied, including but
not limited to any implied warranties of satisfactory quality, fit for a
particular purpose, non-infringement compatibility, security and accuracy.
10.3. If we fail to comply with
these Terms, we are responsible for loss or damage you suffer that is a
foreseeable result of our breach of these Terms or our negligence, however we
shall not be responsible for any loss or damage that is not foreseeable.
You shall indemnify and hold Racecheck harmless against all
damages, costs, claims and expenses incurred during your use of the Services
attributable to any act or omission of you.
You will be responsible for all claims, liabilities, damages,
costs and expenses suffered or incurred by us as a result of a breach of these
Terms by you or any other participant you have submitted a registration on
As we are not the Event Organisers and have no control over
the organisation of the Event, we will not be liable to you for any injury,
damage or loss you suffer as part of you participating in the Event or
otherwise in connection with Event (including any breach by the Event
we make reasonable efforts to update the information on the Site and App, we
make no representations, warranties or guarantees, whether express or implied,
that the content is accurate, complete, up to date or error-free.
in These terms shall have the effect of excluding or limiting either party’s
liability of fraud or for death or personal injury cause by either party’s negligence.
10.9. The Site and App may contain
links to and embed content from selected Third-Party Platforms. You acknowledge and agree that
Racecheck does not control or endorse, and is not responsible for, any content,
advertising, products, services or other materials on, transmitted from or
available through such third party websites, platforms and/or resources
Materials"), including without limitation the
accessibility, accuracy, non-infringement, legality, decency, or any other
aspect of the External Materials. Racecheck provides access to the External
Materials to you only as a convenience and, save where expressly stated
otherwise, it does not imply any endorsement or association with the operators
of such External Materials. The use and access of such External Materials may
responsible for reviewing and complying with. You further acknowledge and agree
that Racecheck shall not be liable for any damage or loss caused by or
resulting from the access to, use of or reliance on any External Materials.
LINKING TO THIS SITE
may link to the Site or App home page, provided you do so in a way that is fair
and legal and does not damage our reputation or take advantage of it.
must not establish a link in such a way as to suggest any form of association,
approval or endorsement on our part where none exists.
must not establish a link to the Sites in any website that is not owned by you
without first obtaining all necessary consents.
Sites must not be framed on any other website, nor may you create a link to any
part of our site other than the home page.
reserve the right to withdraw linking permission without notice.
you wish to link to or make any use of content on our Sites other than that set
out above, please contact firstname.lastname@example.org.
12. USE OF SITE CONTENT
may store, display and print off one copy of any content supplied on the Site
or App solely for your own personal use. You are not permitted to publish, manipulate,
distribute or otherwise reproduce, in any format, any of the content or copies
of the content supplied to you or which appears on this Site or App.
must not modify the paper or digital copies you have printed off or downloaded
(in accordance with clause 12.1 above) in any way, and you must not use any
illustrations, photographs, video or audio sequences or any graphics separately
from any accompanying text. Further, our status and that of any identified
contributors as the authors of content on the Site and App must always be
have no liability to you for any loss of profit, loss of business, business
interruption or loss of business opportunity that you may suffer in relation to
your use of this Site, App and/or the Racecheck Services.
may use the site for lawful purposes only. You may not use the Site, App and/or
the Racecheck Services:
any way that breaches any applicable local, national or international law or
any way that is unlawful or fraudulent, or has any unlawful or fraudulent
purpose or effect; or
transmit, or procure the sending of, any unsolicited or unauthorised
advertising or promotional material or any other form of similar solicitation
breach of this clause 13 will result in your right to use the Site or App
ceasing automatically and with immediate effect and may result in legal action
being taken against you.
13. SITE SECURITY AND MISUSE OF THE
do not guarantee that the Site or App will be secure or free from bugs or viruses.
are responsible for configuring your information technology, computer
programmes and platform to access our Site and App. You should use your own
virus protection software. We will not be liable for any loss or damage caused
by a distributed denial-of-service attack, viruses or any other technologically
harmful material that may infect your computer hardware, computer software,
data or other property due to your use of the Site or App.
must not misuse the Site or App by knowingly introducing viruses, trojans,
worms, logic bombs or other material that is malicious or technologically
harmful. You must not attempt to gain unauthorised access to the Site or App,
the server on which the Site or App is stored, or any server, computer or
database connected to the Site or App. You must not attack the Site or App via
a denial-of-service attack or a distributed denial-of service attack. By
breaching this clause, you would commit a criminal offence under the Computer
Misuse Act 1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities fully (and will
disclose your identity to them to the extent that we are able to do so). In the
event of such a breach, your right to use the Sites will cease immediately.
would rather attempt to resolve any dispute with you through good faith
discussions before resorting to legal proceedings. Therefore, if you have any issues
or complaints in relation to the Site, App, your Racecheck Account, these Terms
or our Services, please write to us using address in clause 1.1 or the email
address in clause 1.10 above.
14.2. You may also 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 https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
These Terms are governed by the laws
of England and Wales. This means that any dispute or claim arising out of or in
connection with these Terms will be governed by the laws of England and Wales.
You and we both agree that the courts of England and Wales will have exclusive
If any of these Terms become invalid,
illegal or unenforceable for any reason, then such term shall be deleted, but
that shall not affect the validity an enforceability of the rest of these
17.1. The following definitions
can be found in the relevant paragraphs, or as set out below:
see clause 10.9;
any fee payable for the Services.
Property Rights”: means patents, utility models, rights to
inventions, copyright and neighbouring and related rights, moral rights,
trademarks and service marks, business names and domain names, rights in
get-up and trade dress, goodwill and the right to sue for passing off
or unfair competition, rights in designs, rights in computer
software, database rights, rights to use, and protect the
confidentiality of, confidential information (including know-how and trade
secrets) and all other intellectual property rights including
all rights in the graphic, photographic and textual content on the Sites, in
each case whether registered or unregistered and including all applications
and rights to apply for and be granted, renewals or extensions of,
and rights to claim priority from, such rights and all
similar or equivalent rights or forms of protection which
subsist or will subsist now or in the future in any part of the world.
clause 1.3 and clause 8;
clause 1.5; and
“Racecheck”, “we”, “us”: see clause
“you”: see clause
17.2. A reference to a statute
or statutory provision is a reference to it as amended, extended or re-enacted
from time to time. A reference to a statute or statutory provision includes any
subordinate legislation made from time to time under that statute or statutory
17.3. Any words following the
terms including, include, in particular, for example or any similar expression
shall be construed as illustrative and shall not limit the sense of the words,
description, definition, phrase or term preceding those terms.