Welcome to ace-races.co.uk (the “Website”).
These terms and conditions consist of:
(a) the general terms and conditions here and set out in Section A that apply to your access, browsing, use and participation in this Website (and by so doing you will be treated as having accepted these terms and conditions) as well as any other activity (including entering races and/or purchasing any merchandise) via the site (“General Terms”); and
(b) the terms and conditions set out in Section B that apply, in addition to the General Terms, if you would like to register for and participate in any races (“Race Terms”); and
(c) the terms and conditions set out in Section C that apply, in addition to the General Terms, to any order for or purchase of any merchandise via the Website (“Sales Terms”);
which are together referred to as the “Agreement”.
1.1 We do not charge for access to and use of our Website.
1.3 We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
1.4 You are responsible for making all arrangements necessary for you to have access to our Website. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.
2.1 The Website may link to our Facebook page or other features on the Website which may provide some areas where you can post or exchange information, ideas and opinions as well as post photos and other materials. Such actions are collectively referred to as “Postings”. If you make use of this facility you much comply with the terms set out in this Agreement and any applicable terms (including any which may be imposed by the operators of Facebook).
2.2 The standards set out in this clause 2.2 apply to all Postings. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
(i) Postings must:
Be accurate (where they state facts).
Be genuinely held (where they state opinions).
Comply with applicable law in the UK and in any country from which they are posted.
(ii) 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 discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark 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.
Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You warrant that all of your Postings do comply with the standards set out in this clause 2.2, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
2.3 You hereby authorise us to copy and use and/or authorise others to use all or part of your Postings in any manner (including, without limitation, for the purposes of implementing or developing any idea that you may suggest or discuss), format, or medium that we or such other parties see fit throughout the world. You waive any moral rights.
2.4 We have the right to disclose your identity to anyone who alleges that your Posting may infringe their intellectual property rights or their right to privacy.
2.5 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
3.1 Please be aware that we have no obligation to (and do not always exercise) editorial control over Postings or other information that users post to the Website and such information does not necessarily reflect our views.
3.2 Notwithstanding clause 3.1, we reserve the right to monitor and/or moderate all Postings and to remove all or part of any which we consider in our absolute discretion to be offensive or otherwise in breach of this Agreement. We may also make alterations to Postings at any time and at our discretion.
4.1 If you have any complaint about any Posting or other content on our Website please contact us at firstname.lastname@example.org
4.2 Your complaint will be dealt with by our team in accordance with our internal moderation policy. A member of our team will use reasonable endeavors to respond to you although you should be aware that we receive, review, investigate and deal with complaints only during our normal business hours.
4.3 We reserve the right to terminate your registration and access to the Website if we suspect any misuse of our complaints procedure.
5.1 We are the owner or the licensee of all intellectual property rights in and relating to:
our Website; and
the material (including all logos, text and graphics) published on the Website; and
the software used to operate our Website.
These works are protected by copyright and other intellectual property rights around the world. All such rights are reserved.
5.2 You may print off one copy, and may download extracts, of any page(s)) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.
5.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in accordance with clause 5.2 in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.4 Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged.
6.1 The content on our Website 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 Website.
6.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
7.1 Nothing in the Agreement shall limit our liability for fraud or for death or personal injury caused by our negligence or in relation to any other liability which cannot be excluded or limited by law.
7.2 Subject to clause 7.1 and other than as stated in this clause 7 or the Sales Terms, all implied terms, conditions or warranties are hereby excluded to the fullest extent permitted by law.
7.4 Whilst we make every effort to ensure the availability and accuracy of our Website and any content, we do not warrant that the availability of our Website will be uninterrupted or that Website and any materials accessible via the Website will be error or omission free.
7.5 We do not accept any responsibility for any use made of the Website and we shall not be liable:
(i) in any circumstances for any loss of profits, loss of sales or revenue, loss of or damage to goodwill, loss of customers, loss in connection with third party claims, or any indirect, special or consequential loss (even if the party concerned has advised of the possibility of such loss);
(ii) for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond our reasonable control; and/or
(iii) for any other loss suffered in connection with the use of our Website or any content to the fullest extent that we may exclude or limit such liability under applicable law.
7.6 Subject to clauses 7.1 to 7.5 above, our liability under or in connection with the Agreement and the Website is limited to the greater of (i) an amount equal to 100% of the amounts paid by you to us; or (ii) £100.00.
7.7 Different limits and exclusions apply if you purchase merchandise from our Website. Please refer to the sales terms.
9.1 We may revise the terms of the Agreement at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms and conditions may also be superseded by provisions or notices published elsewhere on our Website.
10.1 You may link to our home page or any other relevant page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
10.2 You must not establish a link from any website that is not owned by you.
10.3 Our Website must not be framed on any other site. We reserve the right to withdraw linking permission without notice.
11.1 If we fail, at any time, to insist upon strict performance of any of your obligations under any of the terms of the Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled under the Agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
11.2 We will not be liable to you for any breach of the Agreement that arises because of any circumstances which we cannot reasonably be expected to control.
11.3 No term of the Agreement is enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this agreement.
11.4 If there is a conflict or inconsistency between any provision contained in the these General Terms and the Race Terms and/or the Sales Terms, except where provided to the contrary, to the extent of the conflict or inconsistency the following order of precedence shall apply:
(i) if you are purchasing merchandise, the Sales Terms will take precedence; and
(ii) if you enter a race, clause 7 of these General Terms will prevail and the Race Terms will take precedence over all other clauses of the General Terms.
The Agreement is governed by English law. You agree to submit to the exclusive jurisdiction of the English courts provided that nothing in this clause will prevent us from taking any action in any court that has jurisdiction over you.
You may contact us at email@example.com
Section B – Race Terms
1.1 By entering a race you are agreeing to enter into the race and also agree to abide by these Race Terms as well as the General Terms and the terms set out on the relevant race entry page of the Website.
1.2 Entries to races are non-transferable. Participation in the race is personal to you; you are strictly prohibited from swapping, selling or transferring or offering to sell, swap or transfer the place in the race.
1.3 To enter a race you must be 18 years of age or older on the date of the race.
1.4 Race entry closure is determined and announced when race participation reaches the stated capacity or a pre-set date. This will be stated on the Website entry page of the race in question.
2.1 You must pay the race entry fee at the time of entering the race.
2.2 All race entry fees are non-refundable, and cannot be deferred towards a future race, nor can an entry be transferred from one race to another. You do not have a right to change your mind since the race entry fee is charged in return for our entering you into the race. Your entry is completed as soon as you have completed the race entry process.
2.3 The charities that will benefit from each race and the proportion from the race entry fees that they will receive will be as stated on the applicable race entry page of the Website.
3.1 You are responsible for ensuring that you have undertaken any necessary preparation and training to enter and participate in any race. Entry and participation in races is at your own risk. Entrants declare that they are physically fit and capable of participating in this event and completing the distance they have nominated. They are not aware of any medical condition or impairment that will prevent participation in this event or will affect their health by participation.
3.2 Entrants acknowledge they will participate and complete their nominated distance in an exercise discipline chosen by them, at locations chosen by them and at their own risk.
3.3 Entrants accept that participation an event is at their own risk and acknowledge that participation in any challenge can be physically strenuous. It is acknowledged that participation in the race will be physically demanding and the Participant is aware of the nature of the race and associated medical and physical risks involved. The organiser accepts no liability for any injury whilst the Particpant is taking part in a race.
3.4 Entrants acknowledge that should they withdraw for a non-medical reason, the entry fee is non-refundable.
3.5 The Participant must only take part in a race where it is safe to do so. The Participant excepts all responsibility for any injury and incident that occurs due to taking the race. The Participant agrees to act in the best interest of their personal safety and that of the Public.
3.6 Upon race entry you confirm your acceptance of these terms, conditions and the disclaimer. By agreeing to these terms and conditions, entrants release event organisers, from all claims connected with participation. Entrants indemnify the event organiser, sponsors and employees involved in this event directly or indirectly against all liability for any and all injury, loss or damage connected with the entrant’s participation.
3.7 The race Organiser reserves the right at any time to remove Participants from the race or prevent Participants participating in the race if in the Organiser’s sole discretion, it considers such action necessary for safety reasons or the proper enjoyment of the race by other Participants or for any other reasonable reason. No refund of the Fee shall be made if the Participant has acted negligently, maliciously, with wilful misconduct or otherwise without due care and attention for the race or other participants, so as to cause his/her removal, from both races and website.
4.1 You will be treated as having completed the race if you submit the required evidence of your completion of the race to us by the date specified on the race entry page of the Website. Examples of the required evidence and achievement criteria are stated on each race entry Website page. Any question as to whether sufficient evidence is provided will be determined solely at our discretion.
4.2 The Participant agrees to abide by all applicable laws, rules and regulations of the relevant sporting governing bodies and Local Laws that oversee the locality where the Participant takes the races. The Participant shall not be entitled to a refund of the Fees if he or she is disqualified from the race as a result of an infringement of these Conditions or any such rules and regulations. The Organiser is also entitled to impose race rules upon the Participant from time to time which will form part of these Conditions. The relevant rules and regulations may be obtained from the race website.
4.3 We will send race medals to each participant who provides the required evidence of completion in accordance with clause 4.1. Medals are sent by post within a reasonable time of the deadline for completing the race to the address provided by you during the race entry process. It is your responsibility to ensure that your address and any other details are correct and we will not be responsible or liable to you if these details are incorrect.
4.4 Spot prizes are awarded entirely at our discretion. Recipients of any spot prizes will be selected by a random process.
4.5 The deadline for completing each race and the submission of evidence in accordance with clause 4.1 is fixed and cannot be varied. If we do not receive your evidence by the date specified, you will not receive a medal and will not be included in the results section of our Website.
4.6 Entrants acknowledge that the entry fee for the space in the race and not to ‘purchase’ the race medal. The medal is a reward for all completing entrants.
5.0 Personal Information
5.1 Personal information we collect
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”.
We collect Device Information using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
5.2 How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
5.3 Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
5.4 Behavioural advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
5.5 Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
5.6 Your rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
5.7 Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
The Site is not intended for individuals under the age of 18 .
5.10 Contact us
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
Section C – Sales Terms
PLEASE READ THESE TERMS CAREFULLY. IN PARTICULAR, PLEASE NOTE YOUR RIGHTS TO CHANGE YOUR MIND AND CANCEL DESCRIBED IN CLAUSE 7 AND OUR LIABILITY TO YOU DESCRIBED IN CLAUSE 10.
1.1 These are the Sales Terms on which we supply merchandise to you, whether these are goods or services or digital content. These Sales Terms apply in addition to the General Terms of this Agreement.
1.2 Please read these terms carefully before you submit your order for any merchandise to us. These terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.1 Your order is an offer to purchase our merchandise. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2.2 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the merchandise. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified or for any other reason.
2.3 The Website is solely for the promotion of our merchandise in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.
3.1 The images of the merchandise on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.1 If you wish to make a change to merchandise you have ordered please contact us. We will let you know if the change is possible.
5.1 The costs of delivery will be as displayed to you on our Website.
5.2 We will deliver merchandise to you as soon as reasonably possible and in any event within 10 days after the day on which we accept your order.
5.3 If our supply of the merchandise is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any merchandise you have paid for but not received.
5.4 Delivery is usually by recorded delivery. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.5 If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 9 will apply.
5.6 The merchandise will be your responsibility from the time we deliver the product to the address you gave us. You own the merchandise once we have received payment in full.
6.1 Whilst we try and ensure that all details, descriptions and prices that appear on the Web Site are accurate, errors may occur. If we discover an error in the price of any merchandise which you have ordered, we will inform you of this as soon as possible and give you the option of either re-confirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the merchandise, you will receive a full refund.
6.2 Where applicable, prices are inclusive of VAT. All prices are based on GBP Sterling (£). Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable.
6.3 You must pay for the merchandise before we dispatch it. We will not charge your credit or debit card until we dispatch the merchandise to you.
7.1 For most merchandise bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are not affected by the terms offered.
7.2 You may cancel your order (or any part of it) and return your merchandise for any reason before dispatch or within 14 days after the date of delivery by:
(i) emailing us at email@example.com
7.3 You will lose your right to cancel after the expiry of the 14 day period referred to in clause 7.2 (this does not affect your rights if there is any problem with the merchandise, in relation to which please see clause 8 below).
7.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.5 In relation to merchandise delivered to you, you may need to take delivery of the merchandise before you can cancel your order if we have arranged for delivery of merchandise before we receive your notice of cancellation. This does not affect your rights under this clause and clause 9.
7.6 When you change your mind and notify us as described above, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any deductions as described in this clause 7. Where you cancel the entire order, we will also refund the standard delivery charges paid (if any), or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:
(i) you notified us to cancel your order, where you have not received the merchandise (and the merchandise have not been sent to you); or
(ii) we receive the merchandise you returned to us, where you are in receipt of the merchandise.
7.7 You must arrange for the return of the merchandise as soon as possible and in any event not later than 14 days after the day on which you cancel your order, You will be responsible for the cost of returning the merchandise.
7.8 You must not use the merchandise (except to the extent reasonably necessary to inspect and examine it) and take care of it while it is in your possession. We reserve the right to make a deduction from the amount of any refund for loss in value of the merchandise returned where the merchandise show signs of unreasonable use.
8.1 If there is any problem with your merchandise, or if it is defective or damaged you must notify us as soon as is reasonably possible. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
8.2 In addition to the right to cancel an order as described in clause 7, if there is a problem with your order or the merchandise you purchase is faulty, we may offer a repair, exchange or refund as appropriate in accordance with your consumer rights. Please e-mail us using the contact details specified in clause 7.2.
9.1 We may end the contract for the purchase of merchandise at any time by writing to you if:
(i) you do not make any payment to us when it is due;
(ii) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the merchandise;
(iii) you do not, within a reasonable time, allow us to deliver the merchandise to you or collect them from us.
9.1 If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for merchandise we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We only supply the merchandise or domestic and private use. To the extent not prohibited by law we will have no liability to you:
(i) if you use the merchandise for any commercial, business or resale purpose, for any loss of profit, loss of business, business interruption, or loss of business opportunity;
(ii) loss which is not foreseeable as described in clause 10.1;
(ii) loss which arises when we are not at fault or in breach of the Agreement.
10.3 As a consumer, you may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in the Agreement is intended to limit your legal rights as a consumer.
Thank you for visiting our Website
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org