Terms & conditions
1. Interpretation
1. In these terms the following words and phrases shall have
the following meanings:
“Company” Motorsport Etc Ltd (company number 6553977) whose
registered office is at Ingles Manor, Castle Hill Avenue,
Folkestone, Kent, CT20 2RD
“Deposit” the non-refundable deposit referred to in clause
2.1
“Entry Form” the entry form specified by the Company for
drivers entering Grand Prix Shootout
“Fees” the fees payable at each stage of Grand Prix Shootout
as set out on the Site including but not limited to the
Deposit
“Grand Prix Shootout” the competition run by the Company as
further described on the Site
“Prize” the prize for the winner of Grand Prix Shootout as
described on the Site
“Rules” the rules of Grand Prix Shootout as specified by the
Company from time to time
“Site” the Company’s website currently hosted at
www.grandprixshootout.com
“You” a person entering Grand Prix Shootout and completing
the Entry Form
2. References to the singular include the plural and to the
masculine include the feminine and vice versa.
3. The headings in these terms and conditions are for
convenience only and shall not affect their interpretation.
2. Entry
1. You must pay the Company a non-refundable (save as set
out in clause 2.3) deposit of £100 with your Entry Form. No
entry will be deemed valid until receipt by the Company of
such fee.
2. Payment of the Deposit shall guarantee You the right to
enter Grand Prix Shootout in 2010 in accordance with these
terms, the Rules and any subsequent agreements between the
Company and the Driver provided that the Company proceeds
with Grand Prix Shootout in 2010.
3. In the event that the Company determines for any reason
not to hold Grand Prix Shootout in 2010 the Company shall
promptly notify You and refund in full to You the Deposit.
4. The Company will notify You of your driver assessment
date and You must within 7 days of such notification pay the
balance of the Fees for such assessment day. You will also
be required to sign the full Grand Prix Shootout competition
Terms of Entry. If You fail to comply with these
requirements your Deposit will be forfeited and your place
offered to another driver.
5. Further Fees will be due and additional documents and
releases required to be signed as You progress through Grand
Prix Shootout.
3. Driver’s Warranties
You hereby warrant and confirm to the Company that:
1. You are over 16, and if You are under 18 that you have
your parent’s or guardian’s permission to enter Grand Prix
Shootout and to agree to these Terms and Conditions.
2. You have all necessary permissions and consents to be in
the United Kingdom for the purposes of entering Grand Prix
Shootout and in due course to claim the Prize.
3. You are not prohibited or restricted in any way from
entering Grand Prix Shootout or claiming the Prize whether
by contract or otherwise.
4. You will comply with the Rules at all times and
acknowledge that these are subject to change on notice by
the Company at any time.
5. All information provided by You to the Company in the
Entry Form and otherwise is true, accurate, complete and not misleading.
6. That any information and content posted, uploaded, or
otherwise sent by any means by you to the Site shall be
legal, decent, honest and truthful, shall not infringe any
third party's rights, shall not be obscene, blasphemous or
defamatory and shall not contain any viruses or other
malicious computer programming routines.
7. You will provide to the Company such additional
documentation to verify your application as the Company may
require from time to time.
4. General
1. You hereby consent to the use by the Company of all
information, images and documents that You provide to the
Company whether on your Entry Form, on the Site or otherwise at the Company’s absolute discretion to promote Grand Prix Shootout.
2. The Company owns all rights in and to Grand Prix Shootout including to the name and You shall not have any right to use the same without the express prior permission of the Company.
3. The Company reserves the right to reject any application
to enter Grand Prix Shootout or to remove any driver from
Grand Prix Shootout at any stage of the competition at its
sole discretion.
4. The Company accepts no liability whatsoever for any loss, damage or harm caused to You as a result of the Company not holding Grand Prix Shootout in 2010 or otherwise.
5. The Company shall not be liable to you by reason of any
representation (unless fraudulent) and all warranties,
conditions or other terms, implied by law are excluded to
the fullest extent permissible.
6. The Company makes no representations or warranties about
the accuracy, completeness or suitability for any purpose of the any information and related graphics published on the Site.
7. Notwithstanding the foregoing, nothing in this Agreement
is intended to limit any rights you might have under
applicable local law or other statutory rights that may not
be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
8. The Company will not be held responsible for any delay or
failure to comply with its obligations under these
conditions if the delay or failure arises from any cause
that is beyond the Company's reasonable control.
9. This Agreement (and any dispute, controversy, proceedings
or claim of whatever nature in relation to them) shall be
governed and interpreted in accordance with English law and
the English courts shall have exclusive jurisdiction in
relation thereto.
10. If any part of the terms of this Agreement is
unenforceable (including any provision in which the Company
excludes its liability to You) the enforceability of any
other part of these conditions will not be affected.
11. A waiver by the Company of any terms of the Agreement in
a particular instance shall not be deemed or construed to be
a waiver of such term or condition for the future or affect
the Company’s rights in respect of any subsequent breach of
the terms of this Agreement. All rights and remedies
contained in this Agreement shall be distinct, separate and
cumulative and no action or inaction by the Company shall
operate to exclude or deprive the Company of any other
rights allowed by law.
Terms of service
1. Interpretation
1. This website (“the Site”) is operated by Motorsport Etc Limited (company number 6553977) whose registered office is at Ingles Manor, Castle Hill Avenue, Folkestone, Kent, CT20 2RD (“We”, “Us”, “Our”).
2. References to the singular include the plural and to the masculine include the feminine and vice versa.
3. The headings in these terms and conditions are for convenience only and shall not affect their interpretation.
4. These terms and conditions include our privacy policy which can be viewed here.
2. Binding
These terms and conditions are binding on you and by accessing and continuing to use the Site you are deemed to accept these terms and conditions and any changes and alterations made from time to time in accordance with Clause 4 below. If you do not agree to be bound by these terms and conditions you may not use the Site.
3. Changes to Service
We reserve the right to improve, amend, or suspend the service provided on the Site at any time without notice.
4. Amendments to Terms and Conditions
We reserve the right to alter these terms and conditions at any time with immediate effect by placing the amended terms and conditions on the Site.
5. Intellectual Property
All content and all compilation of content included on the Site, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database, trade mark and all other intellectual property right laws in England and internationally.
6. General Conduct
1. We grant you a limited licence to access and make use of the Site, but not to modify it, or any part of it, or otherwise exploit it for any commercial purpose except for those specific purposes set out in this agreement or otherwise with our express written consent.
2. You may frame or use framing techniques to enclose any trade mark, logo or other proprietary information (including images, text, page layout or form) belonging to or controlled by us without our express written consent provided it is for personal use only.
3. You must not use the Site in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
4. You must not use the Site for any fraudulent purposes, or in connection with a criminal offence or other unlawful activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety.
5. You must not use the Site in any way which may disrupt the Grand Prix Shootout competition or cause problems for other users or which may be detrimental to our business or generally use the Site in any way which in our reasonable opinion is inconsistent with the spirit of these terms and conditions.
6. If you believe that anyone has infringed your or a third party’s right(s) on the Site or if you have infringed a third party’s right(s) you must inform us immediately in writing.
7. Links
1. We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.
2. You may not create any hyperlinks to the Site other than to the homepage without our prior written consent. All such permitted hyperlinks must make it clear that the hyperlink is to our Site and that it is in no way affiliated to any third party.
8. Privacy
We take privacy issues seriously. Our current Privacy Policy covers our use of any information you provide. In using our Site you acknowledge and agree to be bound by the terms of our Privacy Policy which can be viewed here. If you do not agree to our use of your personal data as described in our Privacy Policy, then you must not use the Site.
9. Internet Security
1. You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password which may be given to or selected by you for use on the Site. You must immediately notify us of any unauthorised use of them or any other breach of security.
2. We do not provide any guarantees as to the availability of the Site or that it will be uninterrupted or error or virus free or free of amendments by unauthorised parties.
3. If you identify any error on the site or any material that you consider to be offensive, indecent, dishonest, inaccurate or illegal you should immediately e-mail us at mail@motorsportetc.com and we will take such action as we in our absolute discretion see fit
10. Compliance with Laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Site.
11. Exclusion of Liability
1. Nothing in the Site constitutes advice and the transmission, downloading or sending of any information or Content does not create a contractual relationship.
2. We accept no responsibility whatsoever for any content on the Site which is created by a member or any other third party and we shall not be liable for any direct, indirect, special or consequential loss or damage suffered by you as a result of such content.
3. We accept no liability or responsibility whatsoever for any direct, indirect, special or consequential loss or damage suffered by you as a result of the Content or other use of, or inability to use, the Site.
4. Nothing in these terms and conditions affects your statutory rights.
12. VAT
Our VAT registration number is applied for and due for issue as of March 2009.
13. General
1. Except as otherwise stated, any notices you wish to send to us should be emailed to mail@motorsportetc.com. Any notices that we may wish to draw to your attention will be displayed on our Site.
2. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected.
14. Law and Jurisdiction
These terms and conditions are governed by and shall be construed in accordance with the laws of England. Any dispute will be under the exclusive jurisdiction of the English courts.
Privacy policy
www.grandprixshootout.com
1. This website is brought to you by Motorsport Etc Limited. We take the privacy of our website users very seriously. We ask that you read this Privacy Policy ('the Policy') carefully as it contains important information about how we will use your personal data.
2. For the purposes of the Data Protection Act 1998, Motorsport Etc Limited ('we' or 'us') is the 'data controller' (i.e. the company who is responsible for, and controls the processing of, your personal data).
Personal data we may collect about you
3. We will obtain personal data about you (such as your name, address, telephone number and email address) when you register to receive information about our services, when you enter the Grand Prix Shootout competition or when you use this website.
4. We may monitor your usage of this website. This may include monitoring how many times you visit, which pages you go to, traffic data, location data and the originating domain name of a user's internet service provider. This information helps us to build a profile of our users and therefore improve our services to you. Some of this data will be personal data (such as the data described in Paragraph 3 above) but some will be aggregated or statistical, which means that we will not be able to identify you individually. Please see further the section on 'Use of cookies' below.
5. We will hold your personal data on our systems for as long as is necessary without limitation.
How we may use your personal data
6. We will use your personal data for the following purposes:
1.to help us identify you and any accounts you hold with us;
2.to help us administer and maintain accurate records;
3.statistical analysis and market research;
4.customer profiling;
5.marketing—see 'Marketing and opting out' below;
6.to enable us to prevent fraud and other misuse of the website;
7.customising this website and its content to your particular preferences;
8.to notify you of any changes to this website or our services which may affect you and to respond to any queries or questions raised by you or other users of the website;
9.security vetting;
10.improving our services to you.
7. Any information including personal data provided by you to us, or otherwise collected by us, if you enter the Grand Prix Shootout competition (whether in your entry form, on the Site, at any round of the competition or otherwise) may be used by us in accordance with the rules of such competition at our discretion including but not limited to for the purposes of promoting Grand Prix Shootout and us.
Marketing and opting out
8. We may share your personal data with organisations who are our business partners and we or they may contact you, unless you have asked us or them not to do so, by post or email about products, services, promotions, special offers or charitable causes which may be of interest to you.
9. If you prefer not to receive any further marketing communications from us, you can opt out at any time. See further 'Your rights' below.
Disclosure of your personal data
10. We may disclose your personal data to:
1.other companies within our group;
2.our agents and service providers (e.g. providers of web hosting or maintenance services);
3.law enforcement agencies in connection with any investigation to help prevent unlawful activity;
4.our business partners in accordance with the 'Marketing and opting out' section above;
5.if our business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business subject to terms of confidentiality no less onerous than those contained in this policy.
Keeping your data secure
11. We will use technical and organisational measures to safeguard your personal data.
12. Whilst we will use all reasonable efforts to safeguard your personal data, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data which are transferred from you or to you via the internet.
Monitoring
13. We may monitor and record communications with you (such as telephone conversations and emails) for the purpose of quality assurance, training, fraud prevention and compliance.
Information about other individuals
14. If you give us information on behalf of someone else, you confirm that the other person has appointed you to act on his/her behalf and has agreed that you can:
1.give consent on his/her behalf to the processing of his or her personal data;
2.receive on his/her behalf any data protection notices.
Use of cookies
15. When you use this website, we may collect information about your computer, such as your IP address and/or browser, which we will use for administration purposes and statistical analysis. This information will not usually identify you personally.
16. We may also obtain information about your online movements and use of the internet. We do this by placing a 'cookie' on your computer's hard disk. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognise your browser. Cookies are used for several reasons:
1.to recognise you whenever you visit this website;
2.to speed up access to this website (so you do not have to log on each time);
3.to store your personal preferences;
4.to build a profile about you;
5.to better target our marketing and advertising campaigns.
17. The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionality of this website for which we are not responsible.
Your rights
18. You have the right, subject to the payment of a small fee (currently £10) to request access to personal data which we may process about you. If you wish to exercise this right you should:
1.put your request in writing;
2.include proof of your identity and address (e.g. a copy of your driving licence or passport, and a recent utility or credit card bill);
3.attach a cheque in the amount of £10 made payable to Motorsport Etc Limited; and
4.specify the personal data you want access to, including any account or reference numbers where applicable.
19. You have the right to require us to correct any inaccuracies in your data free of charge. If you wish to exercise this right you should:
1.put your request in writing.
2.provide us with enough information to identify you (e.g. account number, username, registration details); and
3.specify the information that is incorrect and what it should be replaced with.
20. You also have the right to ask us to stop processing your personal data for direct marketing purposes. If you wish to exercise this right you should:
1.put your request in writing (an email sent to unsubscribe@motorsportetc.com with a header that says 'Unsubscribe' is acceptable);
2.provide us with enough information to identify you (e.g. account number, username, registration details); and
3.if your objection is not to direct marketing in general, but to direct marketing by a particular channel (e.g. email or telephone) please specify the channel you are objecting to.
Our contact details
21. We welcome your feedback and questions. If you wish to contact us, please send an email to mail@motorsportetc.com or you can write to us at Motorsport Etc Limited, Ingles Manor, Castle Hill Avenue, Folkestone, CT20 2RD, Kent, United Kingdom.
22. We may change this Policy from time to time. You should check this Policy occasionally to ensure you are aware of the most recent version which will apply each time you access this website.