Race Organiser Terms & Conditions
Definitions
"findarace.com", “Find A Race”, "us", "we", or "our" means Find a Race Limited, a company registered in England under number 07875267, whose registered address is 66 Botley Rd, Park Gate, Southampton SO31 1EB. VAT number 323 0344 51.
“Charity” means one of our affiliate charitable organisations
“Participant” means any individual who books a race with us
"Platform" means the (mobile) website on which the service is made available owned, controlled, managed, maintained and/or hosted by findarace.com.
"Race Organiser", "Race Organisation" (also referred to herein as “you”, “your”, or “yours”) means the organiser of the race/event.
“Services” means the suite of Find A Race services
These Terms and Conditions (“Terms”) may be supplemented by a services agreement entered into between Find A Race and you directly (the “Services Agreement”). In the event of any conflict between these terms and the terms of the Services Agreement, the terms of the Services Agreement shall prevail.
By accessing and using the Services, you agree, on behalf of any corporation or other legal entity that you represent or for which you access the Services, to be bound by and comply with these Terms, which may be updated from time to time, and to comply with all applicable laws and regulations.
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1. Scope of Service
As a Race Organiser, Find A Race offers you the right to use our Platform to list your race or event with our audience.
When you accept an entry from a Participant, or receive a registration confirmation through our Platform, you are entering into a legally binding contract directly with the Participant, and are responsible for delivering the race or event under the terms specified in your description of the race or event. You also agree to pay the commission and fees we charge you for each registration or booking. We will deduct amounts you owe us unless we and you agree to a different method. Please see the Fees section below for more information.
2. Relationship of the Parties
Find A Race is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership or joint venture between you and Find A Race, or authorise you to act as agent or employee of Find A Race. We do not direct or control your race or event and you understand that you have complete discretion whether and when to provide the race or event. You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your race or event.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in your race or event. We are not liable for your engagement with Participants, or for any Participant’s behaviour.
3. Fees
We may charge you fees for the right to use our Platform, in addition to the commission and fees we charge you for each registration or booking.
We may also charge the Participant separately for services not specified in the race or event order (including additional service charges for our processing of their order). Examples of this include - but are not limited to - the option to raise money for charity, or taking out refund cover. The fees that we charge Participants for use of our Platform and Services are independent of the fees we may charge you and fall outside of these Terms. All of the monies derived from Participants use of our Platform and Services is the sole proprietary right of Find A Race Ltd.
4. Refunds
In instances where a Participant’s booking or registration has been accepted by you, then we reflect your refund policy. Where you offer refunds, we can facilitate the refunds; where you do not offer refunds, we cannot offer a refund to the Participant.
Where the Participant is entitled to a refund under your terms, we will facilitate this refund less the commission and fees we charge you for the original processing of the booking or registration unless otherwise agreed.
Unless otherwise agreed Race Organiser accounts will be capped at a balance of negative £100. Additional funds will need to be added by the Race Organiser to cover any refunds taking the account below that.
5. Disputed Payments
In instances where the Participant opens a dispute through their bank or credit card provider, such payment is going to be marked as “under dispute” and deducted from the next pay-out. We will provide the necessary evidence to defend against the dispute and may request additional information from you. If the dispute is lost, any fees charged by the payment service provider and the entry value may be discounted from the next pay-out.
6. Account Creation
You must register an account to access and use many features of our Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older.
7. Termination or Cancellation of your Account
We may suspend, restrict, or terminate your access to any or all of our Services, and/or deactivate or cancel your account, with immediate effect for any reason at our sole discretion. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your account for any reason in our sole discretion, may be based on confidential criteria that are essential to our risk management and security protocols.
8. Data Protection
Our Privacy Policy and Cookies Policy describes how we collect and process personal information and about how we deploy cookies and other similar technologies. This may be applicable where you sign up for an account on our Platform.
9. Governing Law
These Terms are governed by and construed in accordance with UK law. Any disputes shall be governed by the courts of England and Wales.
10. Disclaimer
THE FIND A RACE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIND A RACE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. FIND A RACE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OUR SITE, ANY PART OF OUR SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. FIND A RACE DOES NOT GUARANTEE THAT ANY EVENT ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF OUR SERVICES AND SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT FIND A RACE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR OMISSION OF AN EVENT ORDER, OR ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH EVENT ORDER; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF OUR SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE; (III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF OUR SERVICES; OR (IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR FIND A RACE ACCOUNT.
11. Limitation on Liability
IN NO EVENT SHALL FIND A RACE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE FIND A RACE SITE OR SERVICES, OR THESE TERMS, EVEN IF FIND A RACE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF FIND A RACE’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT FIND A RACE FAILED TO PROCESS AN EVENT ORDER PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF THE VALUE OF THE EVENT ORDER, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES ARISING OUT OF OR RELATING TO EVENT ORDERS THAT ARE NO LONGER LISTED ON OUR SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Indemnity
If you have a dispute with a Participant, you release Find A Race, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Find A Race, its affiliates and service providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including legal fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.
13. Contact Us
If you have any questions about these Terms please email us [email protected]