Event Organiser Terms and Conditions
By listing your Event with RaceBest you agree to the following:
These terms and conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
Please follow the onscreen prompts to list your Event with RaceBest. You may only list an Event by using the method set out on our website.
Our Event listing process allows you to check and amend any errors before listing your Event with us. Please check the details of the Event carefully before confirming it. You are responsible for ensuring that the Event Details are complete and accurate.
After you have submitted your Event details, you will receive an email from us acknowledging that we have received your information, but please note that this does not mean that your Event has been listed or accepted by us (the “Confirmation”). Our acceptance of your Event will take takes place when we send an email to you to confirm the Event has been listed, at which point and on which date the Contract between you and us will come into existence. The Contract will relate only to the Event confirmed in the Confirmation.
If we are unable to list your Event, for any reason, we will inform you of this by email.
- provide a secure, online payment portal through which Participants can pay for entry into an Event;
- provide a unique entry URL to the Event Organiser to be used on the Event Organiser’s website;
- collect and securely store each participant’s details on behalf of the Event Organiser;
- provide secure access to administrative features that facilitate the event listing and support the Event Organiser in the fulfilment of their obligations
- promote the Event on racebest.com and by email to RaceBest’s database of subscribers, as appropriate.
The Event Organiser shall:
- be responsible for all elements of the organisation of the Event including but not limited to the terms and conditions governing the Event;
- supply RaceBest with information relating to the specifics of an Event in advance of the Event to which it relates taking place which shall also allow any changes to that information to be made in good time;
- promote the Event’s RaceBest entry page by means of a hyperlink (URL to be provided by RaceBest) on the Event Organiser’s website;
- ensure that the information provided on the Event listing on racebest.com is accurate;
- supply Participants with all the necessary information and/or equipment in order for them to participate in the Event;
- check each Participant’s details for accuracy and edit those details where changes may be required; and
- upload the Event’s results on racebest.com no later than Five Business Days after the Event in a format suitable for publication, except in circumstances where the Event is neither competitive nor timed.
Cancelling an Event
The Event Organiser shall promptly notify RaceBest if the Event is cancelled or does not take place for any reason.
RaceBest will not authorise a refund, transfer or deferral without the express permission of the Event Organiser. RaceBest reserves the right to charge a fee to cover administrative costs where a refund, transfer or deferral is authorised by the Event Organiser.
Where all or part of the Event Fee is held by RaceBest at the time of the Event being cancelled, RaceBest will work with the Event Organiser to determine the most efficient means to reimburse Participants. Where none of the Event Fee is held by RaceBest at the time of the Event being cancelled, the Event Organiser must pay the total sum due to RaceBest to reimburse Participants prior to any refunds being processed by RaceBest. RaceBest reserves the right to refuse to process any refunds on the behalf of the Event Organiser.
The Event Organiser shall indemnify RaceBest from and against all of RaceBest’s losses, damages, costs and expenses that arise because of or in connection with any claim for a refund of the Event Fee made against RaceBest by a Participant where the Event is cancelled and the Event Organiser does not pay the total sum due to RaceBest in order to reimburse Participants. RaceBest shall be entitled to recover all sums on demand as a debt.
Intellectual Property Rights
All Intellectual Property Rights belonging to a party prior to the parties entering into the Contract will remain vested in that party.
The Event Organiser grants, and shall procure that any relevant third party grants, a royalty-free, non-transferable, non-exclusive licence to RaceBest of:
- any and all Intellectual Property Rights reasonably necessary for RaceBest to use and access the Materials; and
- any Intellectual Property Rights in the Event Organiser’s trademarks and brands or those used by the Event Organiser, for the sole purpose of providing the RaceBest’s Services and performing its obligations and exercising its rights under the Contract.
The Event Organiser shall not use any Intellectual Property Rights in RaceBest’s trademarks and brands for any purpose without RaceBest’s prior written consent and then only if used in accordance with RaceBest’s instructions as provided from time to time.
The Event Organiser undertakes that the performance of its obligations under the Contract and RaceBest’s use of the Materials will not infringe any Intellectual Property Rights of any third party.
The Event Organiser shall indemnify RaceBest for all losses, damages, costs (including legal costs on an indemnity basis) and expenses that arise because of or in connection with any claim that RaceBest’s use of the Materials infringes the Intellectual Property Rights or other proprietary rights of any person and RaceBest shall be entitled to recover all sums on demand as a debt.
RaceBest may remove any content uploaded by the Event Organiser to racebest.com where it suspects such content infringes any applicable laws, regulations or third party rights (such as material that is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, blasphemous or in breach of any third party Intellectual Property Rights).
Each party will comply with its obligations under the Data Protection Act 1998, and the General Data Protection Regulation.
In using RaceBest's services, the Event Organiser is a Data Controller of the Personal Data associated with an individual using RaceBest to register for or purchase a place in the Organiser's event. The Event Organiser agrees to Process this Personal Data in accordance with their obligations under applicable data protection laws.
Where RaceBest processes the personal data on behalf of the Event Organiser, RaceBest is a Data Processor in performing the Processing and the Event Organiser is the Data Controller.
When RaceBest processes personal data on behalf of the Event Organiser, RaceBest will:
- Act only to perform this contract or on the instructions of the Event Organiser made in writing, unless required to do otherwise by law.
- Tell the Event Organiser of any legal requirement before Processing Personal Data other than in accordance with Organiser's instructions, unless that same law prohibits RaceBest from doing so on important grounds of public interest.
- Advise the Event Organiser if they give an instruction that may violate data protection laws.
- Keep in place technical and organisational security measures to protect personal data.
- Notify the Event Organiser if there is a security breach related to personal data and cooperate with the Event Organiser in complying with its obligations as a Data Controller in such an event.
- Ensure that its staff are subject to binding obligations of confidentiality with respect to Personal Data.
- Ensure any sub-processors have equivalent data protection provisions.
- Provide reasonable assistance to the Event Organiser in responding to requests made under applicable data protection laws.
- Provide reasonable assistance to the Event Organiser required to demonstrate compliance with data protection laws.
- Return, delete or destroy, any Personal Data, at the Event Organiser's request, unless prohibited by law, except for results and personal data for which we are also a Data Controller.
- Not transfer data outside of the United Kingdom.
Charges and Payment
Details of RaceBest’s charges are set out on racebest.com.
RaceBest shall collect and retain all Entrant Payments on behalf of the Event Organiser.
Unless otherwise agreed in writing by RaceBest, RaceBest shall provide the Event Organiser with a statement setting out the Entrant Payments collected and Processing Charges levied within Two Business Days after the Event. On receipt, the Event Organiser shall promptly review and approve in writing such statement and RaceBest shall pay the Event Fees to the Event Organiser within Two Business Days in full and in cleared funds in pounds sterling, by electronic transfer to the bank account nominated by the Event Organiser from time to time.
Each party shall be entitled to terminate the Contract immediately upon giving notice to the other if the other party commits a material breach which is not capable of remedy or, if it is capable of remedy, the breaching party fails to remedy the material breach within 20 (twenty) Business Days after receipt of notice giving full particulars of the breach and requiring it to be remedied.
Each party shall be entitled to terminate the Contract immediately upon giving notice to the other if:
- the other party is unable to pay its debts or ceases to trade and/or an Insolvency Event applies to the other party; or
- a Force Majeure Event continues for a period of 30 (thirty) Business Days.
RaceBest shall be entitled to terminate the Contract and cancel the Event immediately upon giving notice to the Event Organiser, if, in RaceBest’s sole opinion, the Event Organiser is not, for whatever reason, suitable to carry out the Event.
Termination of the Contract shall be without prejudice to any rights and remedies of the parties which have accrued up to the date of termination.
On termination of the Contract:
- the relationship of the parties shall cease and any rights or licences granted under or pursuant to the Contract shall cease to have effect save as (and to the extent) expressly provided for in this clause;
- the provisions of any provision which expressly or by implication is intended to come into or remain in force on or after termination shall continue in full force and effect; and
- each of the parties shall immediately return to the other party (or, if the other party so requests by notice in writing, destroy) the other party’s property in its possession at the date of termination, including its Confidential Information, together with all copies of such Confidential Information, and shall make no further use of such Confidential Information.
Limitation of Liability
Nothing in these terms and conditions shall limit or exclude RaceBest’s liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- any matter in respect of which it would be unlawful for RaceBest to exclude or restrict liability.
Subject to those limits:
- RaceBest shall under no circumstances whatsoever be liable to the Event Organiser, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- RaceBest's total liability to the Event Organiser in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Entrant Payments paid to RaceBest for the Event.
Confidentiality. Each party shall treat as confidential all Confidential Information of the other party and shall not disclose such Confidential Information to any person other than in accordance with the Contract. Neither party shall use any Confidential Information of the other party other than to exercise its rights and perform its obligations under the Contract.
Force Majeure. Neither party shall be liable to the other for any delay or non-performance of its obligations under the Contract arising from any Force Majeure Event, provided that it notifies the other party of the Force Majeure Event and the extent of any resulting delay or prevention and resumes performance of its obligations as soon as reasonably possible following the end of the Force Majeure Event.
Notices. Notices required to be given under the Contract shall not be sent by email. Notices shall be deemed to have been duly received: (i) if delivered personally, when left at the registered address of the relevant party or otherwise the address notified by the recipient to the other party in writing; or (i) if sent by pre-paid first class post or recorded delivery, at 9.00am on the second Business Day after posting; or (iii) if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
Anti-Bribery and Modern Slavery. Each party shall comply with the Bribery Act 2010 and the Modern Slavery Act 2015 and not do, or omit to do, any act that will cause the other to be in breach of the Bribery Act 2010 or the Modern Slavery Act 2015.
Assignment and Sub-Contracting. Neither party may assign, delegate, transfer, charge or otherwise dispose of all or any of its rights and responsibilities under the Contract without the prior written consent of the other (such consent not to be unreasonably withheld or delayed). RaceBest may sub-contract all or any of its obligations under the Contract.
Further Assurance. At any time, each party shall sign all documents and do or cause to be done all further acts and things as that party so requiring may reasonably require to give full effect to the terms of the Contract.
Entire Agreement. These terms and conditions contain all the terms which the parties have agreed with respect to its subject matter and supersede all previous agreements and understandings between the parties (whether oral or in writing) relating to such subject matter. Each party acknowledges and agrees that it has not been induced to enter into the Contract by a statement or promise which it does not contain. All warranties, conditions and other terms (whether express or implied) which are not set out in the Contract are (to the fullest extent permitted by law) excluded from the Contract.
Third Party Rights. For the purposes of the Contracts (Rights of Third Parties) Act 1999 no person who is not a party to the Contract shall have any right to enjoy the benefit or enforce any of the terms of the Contract.
Variation. No variation of these terms and conditions shall be effective unless it is in writing and signed by each of the parties (or their authorised representatives).
Waiver. Failure to exercise (or to fully exercise), or any delay in exercising, any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy under the Contract or by law.
Severability. If any provision of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable in any jurisdiction then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible that provision shall be deemed to be omitted from these terms and conditions in so far as these terms and conditions relates to that jurisdiction and the validity and enforceability of that provision in other jurisdictions and the other provisions of these terms and conditions shall not be affected or impaired.
Governing Law and Jurisdiction. The Contract shall be governed by English Law. The parties agree to submit to the exclusive jurisdiction of the English Courts.
Definitions and Interpretation
In these terms and conditions the following definitions apply:
- Business Day
- a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;
- Confidential Information
- the existence and terms of this Contract; information concerning the business, finances, affairs, customer, clients or suppliers or the other party; and any information that is identified as being of a confidential or proprietary nature or that would be regarded as confidential by a reasonable business person;
- the contract between RaceBest and the Event Organiser for the services in accordance with these terms and conditions;
- Entrant Payment
- the sum of the Event Fee and the Processing Charge
- the event detailed on your race management dashboard area of our website;
- Event Fee
- the amount due to the Event Organiser for an individual to participate in an Event;
- Event Organiser
- the individual, club or event company who lists the Event with RaceBest;
- Force Majeure Event
- any event or circumstances outside the reasonable control of either party affecting its ability to perform any of its obligations under the Contract including an Act of God, fire, flood, severe weather, epidemic or pandemic, war, revolution, acts of terrorism, riot or civil commotion, trade embargo, strikes, lock-outs or other industrial action, or interruption of utility service;
- Insolvency Event
- means a party: (i) has a receiver, liquidator, administrator, trustee or an individual with a similar role appointed over any of its assets; or (ii) proposes to make any arrangement with its creditors; or (iii) anything which, under the law of any jurisdiction, is analogous to any of the acts or events specified in this definition;
- all documents, records, reports, papers, drawings, designs, transparencies, photos, graphics, logos, typographical arrangements, data, specifications and all other products and materials in whatever form, (including hard copy and electronic form) provided by the Event Organiser to RaceBest in connection with the Event;
- the individual who has completed the entry process through racebest.com and is entitled to participate in the Event;
- Processing Charge
- the amount charged by RaceBest to process the online transaction that enables an individual to participate in an Event; and
- RaceBest Ltd, a company registered in England & Wales (company number 08193734) and owner of the domain racebest.com.
- "Personal Data", "Processing", "Data Controller", "Data Processor" and "Data Subject"
- shall have the meanings ascribed to them in applicable data protection laws.
In these terms and conditions (expect where the context otherwise requires):
- any words following the terms “including” or any similar expression are by way of illustration and emphasis only and shall not limit the generality or extent of any other words or expressions;
- the singular includes the plural and vice versa; and
- references to any legislation include any modification or re-enactment of that legislation and any subordinate legislation made (before or after the Contract) under that legislation.
These terms and conditions are reviewed periodically and we reserve the right to amend them accordingly. You are expected to read this page, to be aware of any changes.
Date of last review: 24th May 2017
Racebest Ltd is a private limited company registered in England & Wales (8193734), Registered Office: 2 Stepping Stones, East Morton, Keighley BD20 5UG.
For general enquiries, please contact firstname.lastname@example.org or telephone 0113 831 3139.