Terms & Conditions
  1. WHO ARE WE AND WHAT DO WE DO?
    1. We, Racepass Technologies Inc (“we”, “our”, “us”) operate a website at www.racepass.com (the “Site”). We also operate, or may in the future operate, Racepass apps for tablet, mobile and other smart devices (“Apps”). We also use social media channels and other platforms. Our Racepass pages and profiles on such channels and platforms, together with the Site and Apps, are our “Channels”. We are registered as an incorporated C-Corp company in the United States of America with registration number 38-4153696 and our registered office in the state of Delaware is 651 N Broad St, Suite 206, in the city of Middletown, zip code 19709, and county of New Castle. The name of our registered agent at such address is Legalinc Corporate Services, Inc. We are also registered as a limited company in South Africa as Racepass South Africa with Enterprise Number: 2020/679327/07.
    2. Our Channels provide information about sporting endurance events taking place all over the world (“Events”). If you organize Events and want to promote them via our Channels, please contact partners@racepass.com and we may agree that you can sign up as an “Organizer”. We may also act as an Organizer.
    3. If you are interested in participating in Events you can register as a Racepass member (“Member”). Members can sign up to Events organized by Event Organizers via our “Registration Service”. You agree that we may send you information about Events which we think may be of interest to you based on criteria you have selected as a Member. We may also provide Members with other facilities, such as maintaining a record of their performances and achievements.
  1. INTRODUCTION
    1. These Terms of Use, (the “Terms”) apply to all users of our Site and Apps (including but not limited to Members and organizers). Please read these Terms carefully as they set out the basis on which you can use the Site, the Apps, the Registration Service and receive communications from us about Events (together the “Service”).
    2. Additional terms and conditions apply to organizers (“organizer Terms”). When an Organizer of events signs up as an Organizer we will provide, and the Organizer must agree to, the Organizer Terms. Organizers provide us with, or publish directly onto our Channels, information and content about or relating to their Events (“Event Information”). Organizers are responsible for their Events and all Event Information.
    3. We are committed to ensuring that we provide a great user experience for you when you use our Service so if you have any questions, comments, complaints or even suggestions, please get in touch via email to: info@racepass.com. By submitting any such questions, comments, complaints or suggestions (“Ideas”), you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use such Ideas without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.
  1. ACCEPTANCE OF THESE TERMS
    1. By using any part of our Service, you accept and agree to be bound by these Terms. These Terms form a legally binding contract and will govern your use and our provision of the Service. It is important that you read them carefully and make sure you understand them.
    2. We recommend that you review these Terms each time you use the Service and print a copy off for your records.
    3. We do however reserve the right to delete, add to or amend these Terms or any part of these Terms at any time. We would usually do this to reflect any changes to the Services, the technology we use, our licensing arrangement or as required by law.
    4. If we do change these Terms, we will post the changes on this page and will indicate the effective date of the Terms at the top of the page.
  1. USING OUR SERVICES
    1. This is a contract between you and us. You must read and agree to these Terms before using the Service. You must be at least 18 years of age to use our Service. The Service is not available to any users previously removed from the Service by us.
    2. You acknowledge that we give you access to the Service on a temporary basis, but we reserve the right to withdraw or amend it at any time without notice to you. You accept that the Service is available on an “as is” and “as available” basis.
    3. You are only permitted to use the Service for personal, non-commercial purposes or, if you are an Organizer, in accordance with the Organizer Terms
    4. You are solely responsible for your interactions with other users of the Service. We reserve the right, but have no obligation, to monitor disputes between you and other users. We shall have no liability for your interactions with other users, or for any user’s action or inaction.
    5. You must not:
      1. use, or cause others to use, any automated system or software to extract content or data from our Channels except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity (including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies));
      2. interfere with, or disrupt, our Channels or any servers or networks connected to them, including but not limited to by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Site or the Apps are rendered or displayed in a user’s browser or device;
      3. access our Channels via any unauthorized means, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
      4. attempt to restrict another user of our Channels from using or enjoying them;
      5. encourage or facilitate the breach of these Terms by others;
      6. use our Channels for any illegal or unauthorised purpose; or
      7. change, modify, adapt or alter the Site or the Apps, or change, modify or alter another website or platform so as to inaccurately imply an association with our Channels or with us.
  1. UPLOADING YOUR CONTENT TO OUR CHANNELS
    1. On certain parts of our Channels, Members may be able to submit materials or information for publication on our Channels (for example for use in their profile or as feedback on an Event (“Your Content”)). You must ensure that Your Content meets the guidelines in clause 6 below.
    2. Your Content may be moderated by us either before or after it is uploaded. We may remove or refuse to upload any of Your Content which does not in our sole discretion comply with the guidelines in clause 6.
    3. We take no responsibility and assume no liability for any of Your Content that you post, send, or otherwise make available over the Service. You shall be solely responsible for Your Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of Your Content. You understand and agree that you may be exposed to content of others that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of or relating to any such content.
    4. Except for Your Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content belonging to other users (“Our Content”), and all intellectual property rights related thereto, are the exclusive property of us and our licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content. Use of Our Content for any purpose not expressly permitted by these Terms is strictly prohibited.
    5. Our Content may include data, information, and other content not owned by you, including but not limited to credits that may be applied or used in connection with specified Events (“Our Property”). You understand and agree that regardless of terminology used, Our Property represents a limited license right governed by these Terms (as well as any additional terms you enter with us, including but not limited to terms governing referral programs) and made available at our sole discretion. Our Property is not redeemable for any sum of money or monetary value from us at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of us on our servers, including but not limited to any data representing or embodying any or all of Our Property. You agree that we have the absolute right to manage, regulate, restrict, control, modify, and eliminate Our Property as we see fit in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right. All data on our servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON OUR SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN OUR SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. WE DO NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIM, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON OUR SERVERS.
  1. ACCEPTABLE CONTENT GUIDELINES
    1. Your Content must be true, accurate and not misleading.
    2. Your Content must not breach any third party rights anywhere in the world. We appreciate that you may not be an expert in rights, but by way of example:
    3. Your Content must be, to the best of your knowledge, truthful and accurate;
    4. Your Content must not contain any other identifiable brands or logos; and
    5. Your Content must not include music unless you have written the music yourself or have a license from the person who wrote and recorded the music.
    6. You must have the express consent of any individual featured in Your Content to their image and/or voice being used in accordance with the permission you grant to us below. If you do not have their consent, Your Content must not feature that individual.
    7. Your Content must not:
      1. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
      2. include any content for which you have not obtained the written consent of any identifiable natural person therein, if any, to use such person’s name or likeness in the manner contemplated by the Channels and these Terms, or for which such person has not released you from any liability that may arise in relation to such use;
      3. subject us to any liability for payment of any guild fees, residuals, payments, fees or royalties payable under any collective bargaining agreement or otherwise;
      4. be illegal or infringe the rights of any third party, in any country in the world; and
      5. contain any representations on behalf of any third party and must make clear when it is an expression of your opinion.
  1. By uploading, submitting, posting, displaying, providing, or otherwise making available Your Content to our Channels, you hereby grant us, an irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license (which is unlimited in time) to view, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all Your Content and your name, voice, and/or likeness as contained therein, in whole or in part, without restriction and in any form, media or technology, whether now known or hereafter developed, including by way of example for commercial purposes in any media formats and through any media channels.
  2. We make no guarantee that Your Content will be kept on our Channels for any length of time, and we reserve the right to remove Your Content as we see fit. You are urged to keep back-up copies of any of Your Content submitted to us. Our Channels should not be used as your primary method to store or curate copies of your information, images, videos or text, as Your Content may be removed permanently from our Channels at any time, and we may not keep copies of Your Content.
  3. For the avoidance of doubt, our Channels which are not owned by us (including but not limited to social media platforms which we use) (“Third Party Platforms”) will have other terms which apply to Your Content. You are responsible for familiarizing yourself with and accepting the terms of any such Third Party Platforms.
  1. AVAILABILITY OF THE SERVICE
    1. You acknowledge that we cannot guarantee that our Service will:
      1. stay the same (as we might change our Service or remove for example the Events we advertise);
      2. be compatible with all or any hardware or software which you may use;
      3. be available all the time or at any specific time; or
      4. be error-free or free of viruses, electronic bugs, trojan horses or other harmful components and you must take your own precautions against such risks accordingly.
  1. You also acknowledge that:
    1. you provide your personal information at your own risk;
    2. we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes;
    3. we cannot guarantee the speed or security of our Channels; and
    4. we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Channels to the fullest extent permissible by law.
  1. SIGNING-UP FOR AN ACCOUNT WITH US
    1. You may need to register an account with us and become a Member in order to access and use certain services and functionality of our “Registration Service”.
    2. When registering for an account, you promise that:
    3. you are at least 18 years of age;
    4. you have provided us with accurate and truthful information during the registration process; and
    5. you are using our Services for private non-commercial purposes.
    6. To create an account with us you can choose to link an existing account you have with any number of third parties including but not limited to Strava, Google, Apple, or Facebook. If you don’t have an existing account with one of these third parties, you can register for an account by providing us with certain personal information and creating a username and password.
    7. You are responsible for maintaining the confidentiality of your username and password. You agree that we are entitled to assume that any person logging into our Channels or using our Service using your username and password is either you or someone doing so with your permission.
    8. You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account. We encourage you to use “strong ” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
    9. If you believe someone has accessed your account or used our Service using your username and password without your authorization, you must inform us immediately so that we can suspend your account and you must set up a new account. We will not be liable for any losses caused by any unauthorized use of your account.
    10. When registering an account, we will ask you to select certain options indicating your preferences with regards to certain Events. We will then use this information to send you (with your consent) communications which we think are most relevant for you. You can change your preferences at any time by adjusting the preference settings on your account. Note that any changes you make to your preferences may not have immediate effect.
  1. REGISTRATION SERVICE
    1. Event Registration Process
      1. If you decide to use our Registration Service, the following provisions of this clause 9 will also apply.
      2. If you would like to use our Registration Service, you will need to login using your account details and password or sign in as a guest. This will enable you to start the event registration process (“Event Registration Process”). As part of the Event Registration Process, we shall collect from you certain registration information that is required by the Event Organizer or where the Event Organizer uses a third party booking agent (“Ticket Seller”), the relevant Ticket Seller. Such information may include (but is not limited to) name, address, contact details, date of birth, gender, previous performance information, and details of any health issues (“Registration Information”)
      3. To the extent you have already provided us with Registration Information for a previous Event, we may use the Registration Information you have already provided unless you indicate otherwise during the Event Registration Process.
      4. During the Event Registration Process you may be offered products and/or services related to the Event which are provided by the Organizer or third parties with whom the Organizer has a relationship, such as car parking, spectator tickets or Event merchandise (“Additional Products”)
      5. On the Event sign up page you will find Event Information provided by the relevant Event Organizer. This Event Information will include (but is not limited to) any applicable Event terms and conditions, the Ticket Seller terms and conditions, terms relating to any Additional Products, waivers and/or other documentation or terms that you are required to accept in order to participate in the relevant Event and/or purchase Additional Products which you have selected (“Event Terms”). We recommend that you read these Event Terms very carefully as they will govern your participation in the Event and contain important information such as the Organizer’s and your rights of cancellation and your right to a refund in relation to the Event and any Additional Products you select. They will also likely contain important exclusions and limitations on the Organizer’s or Ticket Seller’s liability in respect of the Event and may in certain circumstances require you to waive certain rights you may have. Racepass does not govern the cancellation, substitution or transfer terms for individual events and races as these are set by the event organiser. The default policy for races and events on Racepass is that cancellations, substitutions or transfers of entries are not supported. Where the organiser has a policy that allows for cancellations,substitutions or transfers of entries, Racepass will mirror and support these terms.
  1. Signing-up others
    1. For some Events you may be permitted to sign-up friends, family, colleagues or other persons from who you have authority to sign up to the Event and/or buy Additional Products for (“Other Participants”). If you sign up Other Participants for an Event using the Event Registration Process you are confirming that:
      1. you have authority from all Other Participants to sign them up to the Event and to provide their Registration Information;
      2. you have provided all Other Participants with the Event Terms and they accept the Event Terms;
      3. all Other Participants agree that we, the Event Organizer and any Ticket Seller may contact them in relation to the Event and/or Additional Products, and in accordance with the Event Terms; and
      4. you will take responsibility for all Other Participants’ compliance with the Event Terms.
      5. Your “Order” shall consist of all registrations you submit to us (whether for you and/or any Other Participants) and/or any Additional Products that you select during the Event Registration Process.
      6. You acknowledge and agree that once you have provided the relevant Registration Information and indicated your agreement to the relevant Event Terms, we may act on your behalf as your agent to submit your Order to the Event Organizer or Ticket Seller (as applicable). Accordingly, you hereby authorize us, acting on your behalf, to submit your Order. This includes (but is not limited to) authorizing us to do the following on your behalf:
        1. submit the relevant Registration Information (for you and any Other Participants) to the Event Organizer or Ticket Seller as applicable;
        2. submit an order for any Additional Products you have selected;
        3. accept the Event Terms; and
        4. liaise directly with the Event Organizer in respect of the Event.
  1. Payment
    1. During the Event Registration Process, we shall notify you of the cost of your Order (including but not limited to any booking fees) (the “Price”).
    2. Payment of the Price via our relevant Channels must be made by one of the payment methods displayed on the Channel at the current time. By submitting your credit or debit card details or, when available, your other payment details such as for Apple Pay or PayPal (your “Payment Method”) you are representing that you are the card holder of the relevant credit or debit card, and/or of the PayPal account, or are expressly authorized to use such credit or debit card or PayPal account.
    3. In order to submit your Order on your behalf, we will require you to pay the full Price directly to us using your selected Payment Method. Before we submit your Order we will either need to take full payment of the Price or obtain an irrevocable pre-authorization from your Payment Method for the full Price. Once the Event Organizer or their Ticket Seller has confirmed your Order (or any part of it) a binding contract will be formed between you and the Event Organizer and/or their Ticket Seller, as applicable. As we are acting as your agent in relation to the payment of the Price, any refunds owed to you in respect of the Event shall subject to the relevant Event Terms.
    4. We reserve the right to cancel any Order in the event that we identify any error or inaccuracy in the description of an Event or its Price. In such event, we will cancel such an Order and may refund you subject to the relevant Event Terms.
  1. Refund Policy
    1. If your Order or any part of it is not accepted by the Event Organizer or Ticket Seller (as applicable) we will refund to you the relevant amount of the Price, or, if we have only taken an irrevocable pre-authorisation from your Payment Method, we will cancel the relevant part of the pre-authorisation and only take payment in respect of any elements of your Order which have been accepted.
    2. In instances where orders, or parts of them, have been accepted by the Event Organizer or Ticket Seller (as applicable), and which are not covered by injury protection purchased as part of the order, we reflect the refund policy of the Event Organizer or Ticket Seller. Where they offer refunds, so do we; where they do not offer refunds, nor do we.
  1. Your obligations
    1. You promise that your Registration Information is accurate and up to date and that if any of the Registration Information changes prior to the relevant Event, you will notify us within a reasonable time prior to that Event.
    2. When you signify your agreement to the relevant Event Terms, you are giving an undertaking to us that you will comply with, and will ensure any Other participants comply with, the relevant Event Terms.
  1. Our obligations
    1. Once you have completed the Event Registration Process and we have received the Price from you we will:
    2. submit your Order to the Organizer or Ticket Seller (as applicable) on your behalf; and
    3. send a confirmation of the acceptance of your Order as soon as practicable following the Organizer and/or Ticket Seller’s confirmation to us.
    4. Please note that we are simply acting as a facilitator in respect of the Event and the completion of the Event Registration Process does not provide any guarantee that you or any Other Participants will be able to participate in the relevant Event or that the Additional Products will be supplied. Only when we have submitted your Order and received a confirmation email from the relevant Event Organizer or Ticket Seller that your Order (or any part of your Order) has been accepted will a binding contract be formed between you and the Event Organizer or Ticket Seller as applicable. As soon as practicable after we receive this confirmation email, we shall communicate this to you. If your Order or any part of it is not accepted by the Event Organizer or Ticket Seller (as applicable) we will refund to you the relevant amount of the Price, or, if we have only taken an irrevocable pre-authorization from your Payment Method, we will cancel the relevant part of the pre-authorization and only take payment in respect of any elements of your Order which have been accepted.
    5. You should be aware that we may receive a commission from the relevant Event Organizer when we register a participant for an Event and/or submit orders for Additional Products.
    6. We may promote or refer to some Events for which the relevant Organizer has not signed up as an Organizer with us, and for which we cannot therefore offer our Event Registration Service. If you want to sign up for those Events, we will direct you to their website. We have no responsibility for these third party websites and clause 15 below applies in relation to them.
  1. REFERRAL PROGRAM
    1. We may offer referral programs whereby you receive the opportunity to earn credits to use in connection with the Service for certain expressly identified Events (each, a “Referral Program”). Participation in any Referral Program is subject to our Referral Program Terms of Use (“Referral Terms”) located at Referral Terms which are a part of and hereby incorporated into these Terms by reference. Please refer to the Referral Terms with respect to your eligibility and participation in any Referral Programs.
  1. PRIVACY AND COOKIES
    1. The privacy of your personal data is important to us. Please see our Privacy Policy for details of how we will process your personal data in connection with our Service and how we use cookies and similar technologies.
  1. CONTENT ON THE SITE
    1. Access – Your access to any information, data, images, photographs, videos and other content displayed on our Channels (“Channel Content”) is permitted in accordance with, and subject to your compliance with, these Terms
    2. Intellectual Property in our Site, Apps and the Content - The design of the Site, our Apps all software contained within them, and the Channel Content are all protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the Channel Content may be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent or that of the relevant licensor (where relevant). You may store or print the Channel Content for personal use only.
  1. IF YOU BREACH THESE TERMS
    1. If you are in breach of, or we suspect you are in breach of, these Terms then we may take any/all of the following actions:-
      1. issue a warning to you;
      2. effect an immediate, temporary or permanent withdrawal of your access to your account and/or the Service;
      3. refuse to submit an Order you have submitted which we have not yet submitted to an Organizer or relevant Ticket Seller on your behalf;
      4. take legal action against you; and/or
      5. disclose such information to law enforcement authorities as we reasonably feel is necessary.
      6. The actions described above in Section 12.1 are not limited or exhaustive and we reserve the right to take any other action we reasonably deem appropriate.
  1. TERMINATION
    1. We have the right to terminate your access to any or all of the Service at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, at our sole discretion, discontinue the Service or any part thereof without prior notice and you agree that we will not be liable to you or any third party for any termination of your access to the Service.
    2. If we terminate your access to the Service this should not affect any Order that has been successfully submitted for you prior to our termination and the Event Terms of the relevant Organizer and/or their Ticket Seller will apply to your contract with them in relation to the relevant Event and/or Additional Products.
  1. WARRANTIES AND LIABILITY
    1. PLEASE READ THIS SECTION CAREFULLY AS IT SETS OUT IMPORTANT INFORMATION CONCERNING OUR LIABILITY TO YOU AND YOUR LIABILITY TO US.
    2. Warranties
      1. We will endeavor to provide the Service to you with reasonable care and skill and substantially as described in these Terms.
      2. Other than as set out in these Terms we will provide the Service without any representations and without any warranties of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
      3. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT ANY CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. FURTHER, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
  1. Liability
    1. Nothing in these Terms shall have the effect of excluding or limiting our liability or your liability for fraud or for death or personal injury caused by our/your negligence (as applicable).
    2. Nothing in these Terms shall affect your statutory rights as a consumer.
  1. Our liability to you
    1. The information contained on our Channels is for information purposes only and does not constitute advice. You should check any information on our Channels and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to our Channels or the Channel Content.
    2. We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:
    3. there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
    4. there has been no breach of any of these Terms by us or any of our employees or agents; and/or
    5. the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
    6. You agree you will have no claim against us, in respect of any decision to remove any of our Channels or the Service or any decision to suspend or terminate your access to our Channels or any of them.
    7. You acknowledge that as part of the Service we may recommend certain Events for you. These recommendations are based on the preferences you have selected as part of your account and are not based on your actual level of fitness. You are therefore responsible for determining whether you are able to compete in any Event (whether or not we have recommended it) and we will not be responsible if you compete in an Event which is beyond your capability.
    8. In the absence of any negligence or other breach of duty by us, the use by you of our Channels is entirely at your risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) OTHER USERS’ CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO US HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  1. Liability for Events
    1. As we are not the Organizer of the Events and we have no control over the Event organisation, 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 Organizer or Ticket Seller of the relevant Event Terms).
  1. Your liability to us
    1. We will not be liable to you for any injury, damage or loss you suffer as part of you participating in any Event for which we are not the Organizer or otherwise in connection with any such Event (including but not limited to any breach by any third-party Organizer or Ticket Seller of the relevant Event Terms).
  1. Indemnity
    1. 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 or the Event Terms by you or any Other Participant you have submitted a registration on behalf of. In furtherance of the foregoing, you agree to defend, indemnify and hold us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your Content or any content that is submitted via your account, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your account.
  1. LINKS TO THIRD PARTY WEBSITES
    1. The Service may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such websites. We recommend you review those website’s terms and conditions and privacy policies to ensure you are happy to use them.
  1. TRANSFER OF RIGHTS AND OBLIGATIONS
    1. You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under it or in connection with these Terms, without our prior written consent. Any attempted transfer, assignment, charge or other disposal in violation hereof shall be null and void.
    2. You agree that we may, without restriction, transfer, assign, charge or otherwise dispose of any rights, licenses or obligations arising under it or in connection with these Terms.
  1. SEVERANCE
    1. If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable.
  1. THIRD PARTY RIGHTS
    1. A person who is not a party to these terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
  1. GOVERNING LAW
    1. These Terms and the use of the Service generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including but not limited to non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including but not limited to non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
  1. NOTICES
    1. All notices given by you to us must be given to 9th Floor, 107 Cheapside, London, EC2V 6DN or via email at support@racepass.com. We will give notice to you via the Site or at either the email or postal address you provide to us when you set up your account.
    2. Notice will be deemed received and properly served immediately when we post it on the Site, 24 hours after an email is sent, or three days after the date of posting a letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to, and received by, the specified email address of the addressee.
  1. ENTIRE AGREEMENT / SEVERABILITY / NO WAIVER
    1. These Terms, together with any amendments and any additional terms and agreements you may enter into with us in connection with the Service, shall constitute the entire agreement between you and us concerning the Service.
    2. Except as otherwise stated in these Terms, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
    3. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.