Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF WEBSITE USE

These terms of use (together with the documents referred to in it) provide you with the terms of use on which you may make use of our website at the domain racecheck.com (“our site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend you print a copy of this for future reference.

By using our site, you confirm you accept these terms of use and you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or you provide to us. By using our site, you consent to such processing and you warrant all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our site.
  • Our Accessibility Policy, which sets out the measures we have in place to assist people with disabilities in accessing our site.

ABOUT US

Our site is operated by Racecheck Limited ("we" or “us”). We are a company registered as a limited company in the UK under company number 9974171.  We have our registered office at 5 Quarrendon Street, SW63ST, London, UK.  However, if you wish to contact us, please use the details provided below.

CHANGES TO THESE TERMS AND TO OUR SITE

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update our site from time to time, and may change the content at any time. However, please note any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

 

ACCESS TO OUR SITE AND CONTENT OF OUR SITE

Our site is made available free of charge.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and they comply with them.  You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice and for any reason including, but not limited to, if you have failed to comply with any of the provisions of these terms of use.

Although we make reasonable efforts to keep our site running and to update the information on our site, we will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period. We make no representations, warranties or guarantees, whether express or implied, that our site, or the content on it, is:

  • accurate, complete or up-to-date;
  • free from errors or omissions;
  • secure or free from bugs or viruses; or 
  • always available or service uninterrupted.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

This website provides details of a number of races and events which are only suitable for those in good physical health with a high level of fitness. We do not ‘screen’ the users of the site to assess whether they are physically capable of participating in these events. Before you take part in any event, you should seek medical advice from a doctor or other qualified medical professional. We also recommend seeking advice from a qualified fitness instructor who can advise you on how to train for an event and how minimise the risk of injury or health problems when taking part.

YOUR ACCOUNT AND PASSWORD

You can contribute content to our site by registering as a user of our site.

If you choose to register a user account for our site, you create your own user identification and password as part of our security procedures.  You must treat such information as confidential. You must not disclose it to any third party.

When you register a user account for our site, you warrant and represent to us that:

a)    all information supplied by you on our site is true, accurate, current and complete; and

b)    you are over 14 years of age.

When you apply to register a user account, we will send you an activation email to the email address you provide in your application.  In order to activate your user account, you must follow the link provided in the activation email.

We have the right to disable any user identification or password at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect anyone other than you knows your user identification code or password, you must promptly notify us at info@racecheck.com.

USING OUR SITE

When using our ‘Race Search’ search feature to locate or browse through our global event directory, it is your responsibility to ensure all information you submit to our site is complete and accurate.  If you submit incomplete or incorrect information, you may not be provided with the information you seek and we are not liable to you for your failure to submit full and accurate details.

We provide a race review service, not the races themselves nor any aspect of their organisation.  Where you enter a race, you will do so under a separate agreement with the race or event organiser and therefore you should read their terms and conditions to ensure you are comfortable with them as it is these terms and conditions which will cover your participation in the race.  Race or event organisers are responsible for failings or errors on their websites or for their failure to provide you with the race.  These terms and conditions relate only to your use of our site.

We do not provide any advice in relation to the races, fitness, health or sports equipment on our site.  Also, we do not recommend nor assess the suitability of a race, local business or spectator hotspot.  All race reviews, race reports and other recommendations on our site are provided by based on other users, not us.  We are not responsible or liable to you for any reviews, commentary, opinions, ratings or other postings on our site by other users.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation chat rooms or bulletin boards.  By using any interactive areas of our site, including making contact with other users of our site, you expressly agree to comply with the content standards set out in these terms.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

PROHIBITED USES OF OUR SITE

You may use our site only for lawful purposes. You may not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious or harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our site;
  • access without authority, interfere with, damage or disrupt:

o   any part of our site;

o   any equipment, server, database, network or software on which our site is stored;

o   any software used in the provision of our site;

o   any equipment, server, database, network or software owned or used by any third party; or

  • attack our site via a denial-of-service attack or a distributed denial-of service attack.

If we feel it is appropriate, we will report breaches of the above to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

 

UPLOADING CONTENT TO OUR SITE

Whenever you upload content to our site or to make contact with other users of our site (for example when using our ‘Race Reviews’ feature or listing or editing an event page or providing us with blog links, you must comply with the content standards set out below. 

The views expressed by other users on our site do not represent our views or values.  We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our site.  You warrant any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty, which means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. When you upload content to our site (including any event and/or event related third party reviews, questions, comments, suggestions, ideas or the like contained in any submissions), you grant us and other users a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use, store, reproduce, translate, distribute, prepare derivative works of, publish, display, and perform that content across different media.  Further you grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to use the name you submit in connection with such content. 

CONTENT STANDARDS

The following content standards apply to any and all material which you contribute to our site, and to any interactive services associated with it.  The content you upload or post onto our site must:

  • be accurate (where they state facts);
  • be supplied with all necessary licences, consents and other proofs of authority necessary to enable you to legally and legitimately use and publish the content;
  • be genuinely held (where they state opinions);
  • not be expressed with an alternative purpose or motivation in mind; and
  • comply with applicable law in the UK and in any country from which they are posted.

Your uploaded content, contributions and postings must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right, trade mark  or other intellectual property right of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You must comply with the spirit as well as the letter of the above standards. These standards apply to each part of a contribution as well as to its whole.  We have the right to remove any uploaded content, contributions and postings made on our site if, in our opinion, it does not comply or is likely not to comply with these content standards. 

 

LINKING TO OUR SITE

You may link to the home page of our site, provided:

  • you do so in a way which is fair and legal and does not damage our reputation or take advantage of it;
  • you do not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
  • you do not establish a link to our site in any website not owned by you; and
  • the website in which you are providing the link to our site complies in all respects with the content standards set out in these terms.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page of our site.

We reserve the right to withdraw linking permission without notice.

THIRD PARTY LINKS AND RESOURCES IN OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.   

We have no control over the contents of those sites or resources and are not responsible for their contents or other practices. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.  Further, it is your responsibility to take all precautions to ensure whatever links you select or software you download is free viruses, worms, Trojan horses, defects and other items of a destructive nature.  

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it including the RACECHECK name and brand, our logo and all associated branding . Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation.  Subject to this, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied, and we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, delay in using or inability to use, our site;
  • use of or reliance on any content displayed on our site including (but not limited to):
    • information and description of the race name, race organiser, race course, local race related businesses, and any other products displayed on our site; and
    • any commentary, opinions, reviews, ratings or other postings by other users;
  • your failure to submit full and accurate details to our website;
  • the content of websites linked on our site;
  • use of an interactive service in contravention of our content standards, whether the service is moderated or not; or
  • a virus, distributed denial-of-service attack, or other technologically harmful material which may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it or on any website linked to it, or your following a link to a third party website.

 

 

APPLICABLE LAW

These terms of use of our site, its subject matter and its formation, are governed by English law. You and we both agree the courts of England and Wales will have exclusive jurisdiction in relation to disputes arising out of these terms save that we have the right to take proceedings against you in any other court of competent jurisdiction to seek injunctive relief for your breach of our intellectual property rights or the intellectual property rights licensed to us by a third party.

CONTACT US

To contact us, please email infoATracecheck.com.

 

 

These terms were issued on 1 January 2015.

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