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Terms & conditions

BACKGROUND:

 

This agreement applies as between you, the User of this Website or Purchaser and Wild Bunch Media, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance.  The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.

 

 

1.             Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: 

 

“Account”

means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Content”

means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

Goods”

means any products or services that Wild Bunch Media makes available for sale through this Website;

Wild Bunch Media

means Wild Bunch Media Gable House, 18-24 Turnham Green Terrace, London W4 1QP;

Service

means collectively any online facilities, tools, services or information that Wild Bunch Media makes available through the Website either now or in the future;

Payment Information

means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchaser”

means any person or business that buys Goods from Wild Bunch Media from this Website;

“Purchase Information”

means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises”

Means our place(s) of business located at Gable House, 18-24 Turnham Green Terrace, London, W4 1QP

“System”

means any online communications infrastructure that Wild Bunch Media makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

User/Users

means any third party that accesses the Website and is not employed by Wild Bunch Media and acting in the course of their employment; and

“Website”

means the website that you are currently using www.racebookuk.co.uk and any sub-domains of this site (e.g. subdomain.www.racebookuk.co.uk/events) unless expressly excluded by their own terms and conditions.

 

 

 

2.             Intellectual Property

2.1           Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Wild Bunch Media, our affiliates or other relevant third parties.  By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

2.2           Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Wild Bunch Media.

3.             Third Party Intellectual Property

3.1           Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

3.2           Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

4.             Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

5.             Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Wild Bunch Media or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

6.             Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.racebookuk.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Wild Bunch Media.  To find out more please contact us by email at racebook@wildbunchmedia.co.uk.

7.             Use of Communications Facilities

7.1           When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

7.1.1      obscene or vulgar language must not be used;

7.1.2      Content that is unlawful or otherwise objectionable must not be submitted.  This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

7.1.3      Content that is intended to promote or incite violence must not be submitted;

7.1.4      it is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

7.1.5      the means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;

7.1.6      Users must not impersonate other people, particularly employees and representatives of Wild Bunch Media or our affiliates; and

7.1.7      our System must not be used for unauthorised mass-communication such as “spam” or “junk mail”.

7.2           You acknowledge that Wild Bunch Media reserves the right to monitor any and all communications made to us or using our System.

7.3           You acknowledge that Wild Bunch Media may retain copies of any and all communications made to us or using our System.

7.4           You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information.  Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

8.             Accounts

8.1           In order to purchase Goods on this Website and to use the enquiry facilities Users are required to create an Account which will contain certain personal details and Payment Information which may vary based upon a User’s use of the Website as we may not require payment information until a purchase is to be made.  By continuing to use this Website you represent and warrant that:

8.1.1      all information you submit is accurate and truthful;

8.1.2      if you are buying on behalf of your employers, you have the authority to submit Payment Information where any such authority is required; and

8.1.3      you will keep this information accurate and up-to-date.

a)              Your creation of an Account is further affirmation of your representation and warranty.

8.2           It is recommended that you do not share your Account details, particularly your username and password.  Wild Bunch Media accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

8.3           If you have reason to believe that your Account details have been obtained by another without consent, you should contact Wild Bunch Media immediately to suspend your Account and cancel any unauthorised purchases that may be pending.  Please be aware that purchases can only be cancelled until they are approved.

8.4           When choosing a username Users are required to adhere to the terms set out above in Clause 9.  Any failure to do so could result in the suspension and/or deletion of your Account.

9.             Termination and Cancellation

9.1           Either Wild Bunch Media or a User may terminate an Account.  If Wild Bunch Media terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

9.2           If Wild Bunch Media terminates an Account, any current or pending purchases on your Account will still be liable for payment.

9.3           If a User terminates their Account within 14 days any purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.

9.4           After 14 days, any cancellations will be subject to payment in full. However, if a purchaser wants to upgrade their event from enhanced to premium, they will be able to do so within 31 days of the original purchase and will receive the full term of the contract, whether that is six or 12 months.

 

10.          Payment

10.1        Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Wild Bunch Media.

 

11.          Goods, Pricing and Availability

 

11.1        All pricing information on the Website is correct at the time of going online.  Wild Bunch Media reserves the right to change prices and alter or remove any special offers from time to time and as necessary.  All pricing information is reviewed and updated every 6 months.

11.2        In the event that prices are changed during the period between an order being placed for Goods and Wild Bunch Media processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

11.3        All prices on the Website do not include VAT.  Wild Bunch Media’s VAT number is 984 539 859

Property, Risk and Account of Profits

11.4        Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Wild Bunch Media.  Title remains with Wild Bunch Media until payment is complete.

 

11.5        Wild Bunch Media reserves the right to trace all proceeds under the principles of Re Hallett’s Estate (1880) 13 Ch D 696.  Once the payment date has passed, if any sums remain outstanding, Wild Bunch Media has the right to enter the Purchaser’s premises and remove any Goods which, by virtue of sub-Clause 14.1, remain the property of Wild Bunch Media.

12.          Privacy

12.1        Use of the Website is also governed by our Privacy Policy [http://racebookuk.co.uk/policy] which is incorporated into these terms and conditions by this reference.  To view the Privacy Policy, please click on the link above.

12.2        The Website places the following cookies onto your computer or device.  These cookies are used for the purposes described herein.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Cookie Usage [http://racebookuk.co.uk/cookies].  [By accepting these terms and conditions, you are giving consent to Wild Bunch Media to place cookies on your computer or device.  Please read the information contained in the Privacy Policy prior to acceptance.]

12.3         If you wish to opt-out of our placing cookies onto your computer or device, please click here to find out how [http://www.attacat.co.uk/resources/cookies/how-to-ban].  You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.

13.          Disclaimers

13.1        Wild Bunch Media makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

13.2        No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3        No part of this Website is intended to constitute a contractual offer capable of acceptance.

13.4        Whilst Wild Bunch Media uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

14.          Changes to the Service and these Terms and Conditions

Wild Bunch Media reserves the right to change the Website, its Content or these Terms and Conditions at any time.  Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the Website is used by them following the changes.  If Wild Bunch Media is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.

15.          Availability of the Website

15.1        The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

15.2        Wild Bunch Media accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

16.          Limitation of Liability

16.1        To the maximum extent permitted by law, Wild Bunch Media accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

16.2        Nothing in these Terms and Conditions excludes or restricts Wild Bunch Media’s liability for death or personal injury resulting from any negligence or fraud on the part of Wild Bunch Media.

16.3        Nothing in these Terms and Conditions  excludes or restricts Wild Bunch Media’s liability for any direct or indirect loss or damage out of reliance on incorrect information included on the Website.

16.4        Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

17.          No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

18.          Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

19.          Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Wild Bunch Media.

20.          Notices

20.1        All notices / communications shall be given to us either by post to our Premises (see address above) or by email to racebook@wildbunchmedia.co.uk.  Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

20.2        Wild Bunch Media may from time to time send you information about our products and/or services.  If you do not wish to receive such information, you can opt out at any time via email or online.

21.          Law and Jurisdiction

These Terms and Conditions and the relationship between you and Wild Bunch Media shall be governed by and construed in accordance with the Law of England and Wales and Wild Bunch Media and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.