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1.1. Racecheck Limited is a company registered in England under company number 09974171 whose registered office is at 5 Quarrendon Street, London, SW6 3ST (“Racecheck”, "we", “us”).
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.
1.7. 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 11.8) 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.
1.8. Notwithstanding 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 email@example.com.
2. FURTHER TERMS THAT MAY APPLY TO YOU
3. CHANGES 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.
4. CHANGES TO THIS SITE OR APP
4.1. 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.
4.2. 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.
5. PERSONAL INFORMATION
6. YOUR RACECHECK ACCOUNT
6.1. In 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.
6.2. To open a Racecheck Account you must provide all the information which is requested on the registration pages.
6.3. It 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.
6.4. We reserve our right to terminate or suspend your Racecheck Account at any time if we suspect you have acted in breach of these Terms.
7.1 Your Racecheck Account will allow you to submit personal information which must be true, accurate and not misleading.
7.2 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 Platforms.
7.3 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.
7.4 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
8.1 Organisers are able to create and add details of Events to the Platform using the tools available within the Platform.
8.2 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.
8.3 Racecheck is not responsible for and accepts no liability for any inaccuracies or omissions in relation to the details of Events posted by Organisers.
8.4 You can create a Racecheck Account and sign up to use the Services provided by Racecheck which shall be accessible from your Racecheck Account.
8.5 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
8.6 Athletes are able to book places on some of the Events via the Platform.
8.7 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.
8.8 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.
8.9 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
8.10 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 8.10<. 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
8.11 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.
8.12 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.
8.13 If an Event is cancelled by the Organiser, or it 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.
9. INTELLECTUAL PROPERTY
9.1. The 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).
9.2. You 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.
9.3. We 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 App.
9.4. By 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 restriction.
9.5. If you suspect that any content on the Site or App may infringe any intellectual property rights that you own or control, please email firstname.lastname@example.org.
10. WARRANTIES AND LIABILITY
10.1. We shall endeavour to provide the Services to you with reasonable skill and care as described in these Terms.
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.
10.4. 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.
10.5. 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 behalf of.
10.6. 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 Organiser).
10.7. Although 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.
10.8. Nothing 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.
11. LINKING TO THIS SITE
11.1. You 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.
11.2. You 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.
11.3. You must not establish a link to the Sites in any website that is not owned by you without first obtaining all necessary consents.
11.4. This 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.
11.5. We reserve the right to withdraw linking permission without notice.
11.6. If you wish to link to or make any use of content on our Sites other than that set out above, please contact email@example.com.
12. USE OF SITE CONTENT
12.1. You 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.
12.2. You must not modify the paper or digital copies you have printed off or downloaded (in accordance with clause 13.1 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 acknowledged.
12.3. We 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.
12.4. You may use the site for lawful purposes only. You may not use the Site, App and/or the Racecheck Services:
12.4.1. in any way that breaches any applicable local, national or international law or regulation;
12.4.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or
12.4.3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
12.5. Any 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 SITES
13.1. We do not guarantee that the Site or App will be secure or free from bugs or viruses.
13.2. You 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.
13.3. You 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.
14.1. We 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 1.8 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 http://ec.europa/consumers/odr/.
15. GOVERNING LAW
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 jurisdiction.
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 Terms.
17.1. The following definitions can be found in the relevant paragraphs, or as set out below:
“External Materials”: see clause 11.8;
“Fee” any fee payable for the Services.
“Intellectual 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.
“Services”: see clause 1.3 and clause 8;
“Terms”: see clause 1.4; and
“Racecheck”, “we”, “us”: see clause 1.1;
“you”: see clause 1.5.
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 provision.
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.