Terms of Service

1.1

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings: “Account” means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;

1.2

“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;

1.3

“User”, “You”, “Your” means a user of Our Site;

1.4

"User Content” means any content submitted to Our Site by Users including, but not limited to event reviews, comments, forum posts etc.; and

1.5

“We/Us/Our” means GoRaceMX Ltd., a limited company registered in England under company number 09414440, whose registered and main trading address is 3rd Floor, Butt Dyke House, 33 Park Row, Nottingham, NG16EE (in these Terms “we/us/our”).

1.6

“Working Day” 09.00 hrs to 17.30 hrs on any day between Monday and Friday (inclusive) when the banks in London, UK are open for business.

2.1

Our Sites, GoRaceOffroad.com and GoRaceMx.com are owned and operated by GORACEMX Limited.

2.2

Our VAT number is 383498156

2.3

To contact us, telephone our customer service team at 07958033524 or email [email protected]. How to give us formal notice of any matter under the Contract is set out in clause 16.

3.1

Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

3.2

You may only sell or book on our Booking platform (see the Booking Platform Terms and Conditions) if you are at least 18 years of age.

4.1

Certain parts of Our Site (including the ability to book events) require an Account in order to access them.

4.2

You may not create an Account if you are under eighteen (18) years of age. If you are under eighteen (18) years of age and wish to use the parts of Our Site that require an Account, your parent or guardian should create the Account in their name and then add your details to it as the participating rider.

4.3

When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.

4.4

We recommend that you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else unless, as in clause 4.2, that person is your parent or guardian. If you believe your Account is being used without your permission, please contact Us immediately at [email protected]. We will not be liable for any unauthorised use of your Account.

4.5

You must not use anyone else’s Account (unless, as in clause 4.2, that person is your child, or your ward).

4.6

Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.

4.7

If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

4.8

If you close your Account, any reviews, comments and forum postings etc. you have created on Our Site will be deleted.

5.1

With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.

5.2

Subject to sub-Clauses 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

5.3

You may:

5.3.1

Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

5.3.2

Download Our Site (or any part of it) for caching;

5.3.3

Print page(s) from Our Site for personal (private) use;

5.3.4

Download extracts from pages on Our Site; and

5.3.5

Save pages from Our Site for later and/or offline viewing.

5.4

Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

5.5

You may not use any Content printed, saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

6.1

User Content on Our Site includes (but is not necessarily limited to) event listings and descriptions, reviews of events, comments and forums.

6.2

An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.

6.3

You agree that you will be solely responsible for your User Content. Specifically, you agree, legally assure Us and promise that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.

6.4

You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the promises given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.

6.5

You (and that includes anyone who has permitted you to include content owned by them) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.

6.6

If you wish to remove User Content from Our Site, the User Content in question will be anonymised by removing your user name and any avatar you have applied to it. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).

6.7

We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.

7.1

You may link to Our Site provided that:

7.1.1

you do so in a fair and legal manner;

7.1.2

you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

7.1.3

you do not use any logos or trademarks displayed on Our Site without Our express written permission; and

7.1.4

you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

7.2

Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at [email protected] for further information.

9.1

Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only.

9.2

Insofar as is permitted by law, We offer no assurance, promise, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.

9.3

We offer no assurance, promise, or guarantee (whether express or implied) that the Content is complete, accurate, or up-to-date. Please note that this does not apply to information concerning events for sale through Our Site. Please refer to Our Booking Platform Terms and Conditions for more information.

9.4

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.

10.1

The provisions of this Clause 10 apply only to the use of Our Site and not to the sale of events, which is governed separately by Our Booking Platform Terms and Conditions.

10.2

To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.

10.3

If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

10.4

We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 10.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

10.5

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

10.6

Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

11.1

You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

11.2

You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

11.3

You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

11.4

By breaching the provisions of sub-Clauses 11.1 to 11.3, you may be committing a criminal offence under the Computer Misuse Act 1990. If you do then We will cooperate fully with law enforcement authorities by disclosing your identity to them.

12.1

You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:

12.1.1

you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

12.1.2

you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

12.1.3

you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

12.1.4

you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

12.2

When submitting User Content (or communicating in any other way using Our Site, e.g. linking to Our Site from another) you must not submit, communicate or otherwise do anything that:

12.2.1

is sexually explicit;

12.2.2

is obscene, deliberately offensive, hateful or otherwise inflammatory;

12.2.3

promotes violence;

12.2.4

promotes or assists in any form of unlawful activity;

12.2.5

discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;

12.2.6

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

12.2.7

is calculated or is otherwise likely to deceive;

12.2.8

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

12.2.9

misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);

12.2.10

implies any form of affiliation with Us where none exists;

12.2.11

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trademarks and database rights) of any other party; or

12.2.12

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

12.3

We reserve the right to impose what We, in our sole discretion believe to be appropriate age, or any other restrictions to the availability of the events for viewing or booking on Our Site.

12.4

We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 12 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:

12.4.1

suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;

12.4.2

remove any User Content submitted by you that violates this Acceptable Usage Policy;

12.4.3

take legal action against you as appropriate;

12.4.4

disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

12.4.5

any other actions which We deem reasonably appropriate (and lawful).

12.5

We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

16.1

If We have your contact details (if, for example, you have an Account) We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms of Use, Our Booking Platform Terms and Conditions, and changes to your Account, but not marketing information.

16.2

We will never send you marketing emails of any kind unless and until:

16.2.1

you have advertised or posted an event on Our Site, or booked an event through it; or

16.2.2

we have your express consent to do so.

If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 2 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.

16.3

Email marketing options can also be changed by emailing [email protected].

16.4

For questions or complaints (including, but not limited to marketing emails), please contact Us at [email protected] or via https://www.goracemx.com/contact-us.php

1.1

Bookers are not making purchases from us and are not entering into a contract with Us. A booker’s purchase is from the event owner, and their contract is with the event owner.

1.2

We will not be a party to any dispute between any booker and event owner. Any claims must be made directly against the party concerned and you agree to release us from and indemnify us against any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

1.3

We do not pre-screen event owners or any items that event owners advertise in listings on our Booking platform. We are not, therefore, in any way responsible for the condition, legality, quality, safety or suitability of any events sold and staged, or for the content of any listings.

1.4

While event owners are required to comply with these terms, which include provisions covering important matters such as payment methods, processing times, and delivery methods, we recognise that all event owners are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same entry terms (or prices).

1.5

We reserve the right to remove any listing that breaches these terms. If we do so, please note that Listing Fees are non-refundable. In addition, we may also suspend or terminate your account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.

2.1

the description must give as much detail as is reasonably possible about the event, such as when and where it takes place, by when and how to get there, any restrictions on entry, equipment the entrants must bring with them etc.;

2.2

you may only describe something as being provided by you if that is truly the case. If any other party is involved, your listing must state and describe their involvement;

2.3

photographs must be of your event and not stock photographs, photographs from other event owners or websites, drawings, renderings, or other representations;

2.4

if you are selling multiple events, you do not need to include photographs of every individual event, provided that your description sets out any variations that are likely to be made, stating that the photographs illustrate some of your events only;

2.5

you must not use any content (including but not limited to text, images, video or audio) that belongs to other parties in your listings without their express permission;

3.1

The provisions of Clause 6 of our Website Terms of Use apply to all content submitted to our Site by a user (“User Content”), including in listings.

3.2

Users must, at all times, respect the intellectual property rights of event owners on our Booking platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.

3.3

If you feel that another user (whether they are another event owner or a booker or otherwise) has infringed your intellectual property rights in any way, please contact us at [email protected]

3.4

If another party contacts us accusing you of infringing their intellectual property rights:

3.4.1

We will contact you to inform you of the complaint;

3.4.2

We may remove the User Content that is the subject of the complaint;

3.4.3

if you have questions regarding the complaint, or wish to challenge it, you must contact the complainant. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and

3.4.4

you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complainant to do so (where it is required). We can neither permit nor deny such resubmission as we will not be a party to the dispute.

4.1

When using our Booking platform, you must do so lawfully, fairly, and in a manner that complies with the provisions of this Clause 4. Specifically:

4.1.1

you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the event(s) you wish to sell or to book);

4.1.2

you must not use our Booking platform in any way, or for any purpose, that is unlawful or fraudulent;

4.1.3

you must not use our Booking platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;

4.1.4

you must not use our Booking platform in any way, or for any purpose, that is intended to harm any person or animal in any way;

4.1.5

you must always provide accurate, honest information about yourself and any and all events that you are selling on the Booking platform;

4.1.6

event owners must not charge bookers excessively for entry;

4.1.7

event owners must state the price of an event accurately and clearly; and

4.1.8

event owners must not engage in any form of price fixing with other event owners.

4.2

When using our Booking platform, you must not submit anything (including, but not limited to, material in a listing) or otherwise do anything that:

4.2.1

is sexually explicit;

4.2.2

is obscene, deliberately offensive, hateful, or otherwise inflammatory;

4.2.3

promotes violence;

4.2.4

promotes or assists in any form of unlawful activity;

4.2.5

discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;

4.2.6

is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

4.2.7

is calculated or is otherwise likely to deceive;

4.2.8

is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

4.2.9

misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;

4.2.10

implies any form of affiliation with us where none exists;

4.2.11

infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or

4.2.12

is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

4.3

We reserve the right to suspend any listings you have on our Booking platform and may, in addition, suspend or terminate your account or your access to our Booking platform if you materially breach the provisions of this Clause 4 or any of the other provisions of these terms. Further actions we may take include, but are not limited to:

4.3.1

removing an event owner’s listing(s) from our Booking platform;

4.3.2

issuing you with a written warning;

4.3.3

legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;

4.3.4

further legal action against you as appropriate;

4.3.5

disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or

4.3.6

any other actions which we deem reasonably necessary, appropriate, and lawful.

4.4

We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these terms.

5.1

Fees are charged for submitting a listing (“Listing Fees”), which are dependent on listing features required. Listing Fees are payable whether or not your Listing results in a sale.

5.2

A percentage fee is applied to each sale made on our Booking platform (a “Transaction Fee”) of 1.9% and 20p of the price of each booking. Transaction Fees are calculated based only on the booking price. Transaction Fees are payable regardless of whether or not the event was later cancelled.

6.1

Event owners will receive the payments of Bookers minus our Transaction Fee (or accumulated Transaction Fees) referred to in Clause 5.2, within 14 days. (To see your account balance, go to the event ‘Racers’ page and scroll to the total at the bottom)

6.2

If you believe at any time that we have paid you an incorrect amount, please contact us at [email protected] as soon as reasonably possible to let us know.

6.3

If a booker does not pay an event owner the event owner may cancel the transaction. Please refer to Clauses 11 and 12 for more information on event owner cancellation rights.

6.4

We will not make any bookers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to event owners at any time, or for any reason.

7.1

It is the responsibility of event owners to collect and pay applicable taxes on any sales made through our Booking platform.

7.2

Where any tax, for example VAT, forms a part of the price of any item on our Booking platform, the tax must be included in the price of the item.

7.3

For further information on VAT and other taxes in your location, please contact your local tax authority.

8.1

Event owners set out their specific cancelation deadline when listing an event, this information is stated on the event details page and bookers are responsible make themselves aware of this deadline before entering.

8.2

Where possible bookers may cancel their booking for a refund by using the ‘Cancel Entry’ button on their account dashboard page.

8.3

When a booker cancels GoRaceMx issue a refund within 14 calendar days of the following the day on which the cancellation request is received.

8.4

When a booker cancels, any refunds will be subject to an administrative charge; under some circumstances, bookers can pay an upfront fee when booking to waive the administration charge; please check when you book.

8.5

Refunds after the event has taken place are only available at the discretion of the event owner and may be subject to deductions.

8.6

No refunds are offered for payments made for additional services. These additional services include things like booking fee, administrative charge waiver fee referred to in Clause 8.4, the SMS notifications fee and the fee for online access to the event programme.

9.1

The law requires event owners to provide their services with reasonable skill and care, consistent with best practices and standards in the applicable industry and in accordance with any information provided by them about them and the services.

9.2

As a consumer, bookers have certain legal rights with respect to the purchase of events. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Broadly, if services are not performed with reasonable skill and care, bookers may have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.

9.3

Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 14 calendar days of the day on which the event owner agrees that the booker is entitled to a refund.

10.1

The event owner has the right to cancel a transaction and issue a full refund of any sums paid (minus booking fee) in the following circumstances:

10.1.1

The booker and event owner have mutually agreed to cancel the transaction before the event;

10.1.2

The event owner cancels the event for any reason before the date on which the event is to take place;

10.1.3

The booker has not paid before the date on which the event is to take place; or

10.1.4

The event owner chooses to refuse service to the booker.

10.2

Refunds under this Clause 10 must be issued within 14 calendar days of the date on which the booker and event owner agree the cancellation, or the date on which the event owner informs the booker that they are cancelling the transaction.

11.1

You may close your account and cancel your agreement with us by emailing [email protected]

11.2

Any outstanding sums due and payable to us (including, but not limited to, Listing Fees and Transaction Fees owed by the event owner) will remain payable by the original due date and the event owner’s account will not be fully closed until all sums due to us have been paid.

11.3

If we have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:

11.3.1

We have breached these terms in a material way and fail to remedy the breach within 28 days of you asking us to do so in writing;

11.3.2

We go into liquidation or have a receiver or administrator appointed over our assets;

11.3.3

We change our service or these terms to your material disadvantage; or

11.3.4

We are adversely affected by an event outside of our control that continues for more than 6 months (as under sub-Clause 14.2.5).

12.1

As stated in Clause 3, we are not a party to any transactions, other relationships, or disputes between bookers and event owners. Furthermore, as stated in sub-Clause 3.3, we do not pre-screen event owners or any events which event owners advertise in listings on our Booking platform. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any event(s) purchased from event owners on our Booking platform. Any claims pertaining to a transaction must be made directly against the event owner concerned.

12.2

We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these terms or as a result of our negligence.

12.3

Subject to sub-Clause 13.2, to the fullest extent permissible by law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement and we will not be liable to you for any loss of profit, loss of goodwill, loss of business, interruption to business, or for any loss of business opportunity or special, indirect or consequential damages.

12.4

Notwithstanding the foregoing, if we are found to be liable, our liability to you or to any third party is limited to

12.4.1

If you are a booker, the price (if any) paid for your booking;

12.4.2

If you are an event owner, the greater of (a) the amount of fees in dispute, not to exceed the Transaction Fees which you paid to us in the 6 months prior to the action giving rise to the liability, or (b) £300.

12.5

Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.

12.6

Nothing in these terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

13.1

We will not be liable for any failure or delay in performing our obligations to you where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.

13.2

If any event described under this Clause 13 occurs that is likely to adversely affect our performance of any of our obligations to you:

13.2.1

We will inform you as soon as is reasonably possible;

13.2.2

We will inform you when the event outside of our control is over and provide details of any new dates, times, or availability of the Booking platform as necessary;

13.2.3

If the event outside of our control continues for more than 3 months, we may issue a refund for affect listings;

13.2.4

If the event outside of our control occurs and continues for more than 3 months and you wish to exercise your right to cancel, you may do so by closing your account, as described in Clause 13.1.

13.2.5

Any refunds due to you as a result of your cancellation under sub-Clause 13.2.4 will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after your account is cancelled.

15.1

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

15.2

For complete details of our collection, processing, storage, and retention of personal data, please refer to our Privacy Policy and Cookie Policy.

15.3

Event owners will also collect, hold, and process bookers’ personal information in the course of transactions (for example, bookers’ names, email addresses, and postal addresses). Event owners are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting bookers’ rights under the GDPR. You must only use the personal data of other users to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via our Booking platform, and/or to respond to messages from them. You may not add any user to a mailing list, use their data for marketing without their consent.

16.1

We may transfer (assign) our obligations and rights under these terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these terms will not be affected and our obligations under these terms will be transferred to the third party who will remain bound by them.

16.2

You may not transfer (assign) your obligations and rights under these terms without our express written permission.

16.3

If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms, which shall be valid and enforceable.

16.4

No failure or delay by us in exercising any of our rights under these terms means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.

17.1

These terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.

17.2

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3

If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

17.4

If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.