Terms of Service

Our website https://www.goracemx.com (our “Site”), which provides an online platform for users to publicise and enter motocross and off-roading events (the “Booking platform”).

These Terms of Use, together with the other terms and conditions referred to herein, set out the terms of use under which you may use this website, https://www.goracemx.com (“Our Site”). Please read these Terms of Use carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site. These Terms of Use do not apply to the booking of events. Please refer to our Booking Platform Terms and Conditions for more information GoRaceMX: Terms of Service.

1.Definitions and Interpretation

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.Information About Us

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.Access to Our Site

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.Accounts

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.Intellectual Property Rights

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.User Content

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. Links to Our Site

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.

8. Links to Other Sites

Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

9. Disclaimers

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. Our Liability

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. Viruses, Malware and Security

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. Acceptable Usage Policy

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.

13.Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms of Use by this reference.

14.Changes to these Terms of Use

We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.

15. Contacting Us

To contact Us, please email Us at [email protected] or using any of the methods provided on Our contact page at https://www.goracemx.com/contact-us.php.

16.Communications from Us

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




GORACEMX BOOKING PLATFORM TERMS AND CONDITIONS

Welcome to our website https://www.goracemx.com (our “Site”), which provides an online platform for users to publicise and enter motocross and off-roading events (the “Booking platform”).

Please read these terms carefully and ensure that you understand them before selling or booking on our Booking platform. They apply to any user who advertises and sells or books events via our Booking platform. General use of our Site is also subject to our Website Terms of Use and booking events is governed by these Terms. Please ensure that you have read them carefully and that you understand them.

If you are an event owner you will be required to read and accept these terms before any event you wish to offer to entrants is published. If you are a booker you will be required to read and accept these terms before you can book any event you wish to enter. If you do not agree to comply with and be bound by these terms, you will not be able to sell or book on our Booking platform. If you agree to these terms on behalf of a company or other legal entity you are representing and warranting to us that you have authority to bind such legal entity to these terms.

Please refer to our Privacy Policy for details about how we collect, process, store and retain any personal data we collect from you.

1.Our Booking platform

Our Booking platform is provided solely as an online venue for bookers and event owners. We are not a party to any transactions or other relationships between bookers and event owners. You hereby acknowledge and agree that:

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. Descriptions Policy

When listing on our Booking platform, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of your event (as far as is reasonably possible). You agree that all listings submitted by you will comply with the following:

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. Intellectual Property Rights

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. Rules and Acceptable Usage Policy

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.Listing Fees and Transaction Fees

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. Payments from Bookers to Event owners

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.Taxes

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. Bookers’ Rights to Cancel

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. Problems with Transactions and Bookers’ Rights

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. Further Transaction Cancellation Rights

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. Your Account Cancellation Rights

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. Our Liability to You

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. Events Outside of Our Control (Force Majeure)

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.

14. Communication and Contact Details

If you wish to contact us with general questions or complaints, or for matters relating to cancellations, you may contact us by telephone at 07958033524 or by email at [email protected]

15. Data Protection

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. Other Important Terms

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. Law and Jurisdiction

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.

GoRaceMX Cookie Policy 

1.Definition

Cookies are small text files placed on your device when you visit our site and are used to make improvements to our site and to increase the efficiency and ease of the user experience. We are able to store cookies on your computer where they are necessary for the operation of the site however, for non-essential cookies we need your permission.

2.How we use Cookies

 We use cookies to recognise you and your preferences, improve our site's performance and collect analytical information for ourselves. Without the knowledge gained we would not be able to provide the services we do, in the way that we do.

3.'Session' and 'Persistent' Cookies

'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.

'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.

Session and persistent cookies can be either first party, or third party cookies. A first-party cookie is set by the website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.

Third Party Cookies we use include:

 Google Analytics, this is a web analytics service provided by Google, Inc. The cookies used by Google Analytics help us to analyse how users use the site and to count the number of people who use the site. Google Analytics stores your IP address anonymously and  dont associate your IP address with any personally identifiable information. This information will be held for 2years.

Cookies set by GoRaceMX:

We use a cookie to provide a logged in session for viewing any and all user info from the DB, we also have some cookies indicating when certain popups have been dismissed / completed.

4.Disclaimer

All our cookies are categorised by the role they fulfil on our website:

a. Strictly Necessary: these are essential to enable you to move around our website and use features such as secure services. Without these cookies such services could not be provided;

b. Functionality: allow the website to remember your choices and to personal certain features such as login / saving regular payment details. These cookies may be anonymised and cannot track your browsing activity on other websites; and

c. Performance: collect information as to how users use the website. These cookies don't collect information that identifies a visitor. The information collected is aggregated and used to improve our website.

d. None of the cookies employed are classified as Behavioural Targeting.

If at any time you wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly (and if you do so you will not be able to use certain important features of our service). You can find additional information at AboutCookies.org.

Notwithstanding, the audit undertaken regarding our cookies, it is possible we may have missed one from our list above. If you happen to find one that is being set on our site, please let us know.

GoRaceMX

Privacy Policy for Website 

14/01/2021

1.Introduction

This Privacy Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our services ("Booking Platform"), or the use of our website www.goracemx.com ("Website"), how that information may be used or disclosed by us and the safeguards we use to protect it.

Our Website and Booking Platform may contain links to third party websites which are not covered by this Privacy Policy. We ask you to review the privacy statements of other websites and applications therefore, to understand their information practices.

We have drafted this Privacy Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website or the Booking Platform, you agree to the collection, use and disclosure of information in accordance with this Privacy Policy. This Privacy Policy may change from time to time and your continued use of the Website or the Booking Platform is deemed to be acceptance of such changes, so please check periodically for updates.

This Privacy Policy was last updated on 14 January 2021 to add new provisions to the policy applicable regarding the application of Data Protection Legislation following the UK’s departure from the European Union. Please check back regularly to stay informed. Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of our Privacy Policy is deemed to occur upon your first use of our Website following the publication of each update to this policy. If you do not accept and agree with this Privacy Policy, you must stop using our Website immediately.

You have the right to make a complaint at any time to a supervisory authority for data protection issues which, in the UK is the Information Commissioner's Office (ICO), z(www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the supervisory authority so please contact us in the first instance. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

If you have any comments on this Privacy Policy, please email them to [email protected]

 

2.Who We Are

2.1 We respect your right to privacy and will only process personal information you in accordance with the Data Protection Legislation which for the purposes of this policy shall mean: 1) EU Regulation 2016/679 General Data Protection Regulation (“EU GDPR”) to such extent as is directly applicable in the UK, and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in each EU member state and 2) The GDPR, as enacted into UK Law under the European Union (Withdrawal) Act 2018, or as amended by UK government (“UK GDPR”) together with national implementing laws including the Data Protection Act 2018 and Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 and UK enacted secondary legislation (as amended from time to time). 

2.2 Here are the details that as a 'data controller' we have to give you:

• Our Websites address are www.goracemx.com and goraceoffroad.com

• Our company name is GORACEMX Ltd

• Our registered address is 3rd Floor, Butt Dyke House, 33 Park Row, Nottingham, NG16EE.

• Our nominated representative or Data Protection Officer is LUKE DOWSING and they can be contacted at [email protected]

3.What we may collect

3.1 Personal data, or personal information, means any information about an individual from which that person can be identified or which, when combined with other information could identify that person.

3.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Identity Data includes first name, last name, username or similar identifier. When you email, phone, live chat or otherwise, we may collect information such as your first name, last name, email address and phone number.

 Contact Data includes billing address, invoicing address, email address and telephone numbers.

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments and other details of our Booking Platform and Goods you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.

Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our Website and Booking Platform.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

Interaction Data includes any information that you might provide to any discussion forums on the Website.

Cookies Data like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.

Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or through the Booking Platform we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website.

Analytics includes third-party analytics services (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyse performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyse and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy.

3.3 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law if this data cannot be utilised alone, or in association with other data to reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can alone, or in association with other data identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.

3.4 Under the EU GDPR and/or the UK GDPR we will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights. We will only process your personal data if at least one of the following basis applies:

a) You have given consent to the processing of your personal data for one or more specific purposes;

b) processing is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to you entering into a contract;

c) processing is necessary for compliance with a legal obligation to which we are subject;

d) processing is necessary to protect the vital interests of you or of another natural person;

e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller; and/or

f) processing is necessary for the purposes of the legitimate interests pursued by us or by a third party such as our financial payments, except where such interests are overridden by the fundamental rights and freedoms of the data subject, in particular where the data subject is a child.

3.5 If we receive personal information of another data subject from you, in the course of providing our Services to you then we expect you to have complete responsibility for ensuring that the contents of this Privacy Notice are brought to the attention of the data subject and that you have obtained their consent to provide their personal information to us.

3.6 In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as associating your name with your geographic location or your browsing or purchasing history.

4.How we may collect and use your data

4.1 We (which includes third party data processors, agents and sub-contractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:

Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

a) present Website content;

b) use our Booking Platform;

c) create an account on our Website’s/ request marketing to be sent to you;

f) enter a competition, promotion or survey; or

g) give us some feedback.

4.2 In addition to the above, we may use the information in the following ways:

a) To personalise your Website experience and to allow us to deliver the type of content and product offerings in which you are most interested.

b) To administer a contest, promotion, survey or other site feature.

c) If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

d) Present Website content effectively to you.

e) Provide information, and services that you request, or (with your consent) which we think may interest you.

f) Carry out our contracts with you.

g) Provide the relevant services to you

h) Tell you our charges.

4.3 If you are already our customer, we will only contact you electronically about things similar to what was previously bought by you.

4.4 If you are a new customer, you will only be contacted if you consent to it.

4.5 We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.

4.6 In addition, if you don't want us to use your personal data for any of the other reasons set out in this section in 5, you can let us know at any time by contacting us at [email protected] , and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible services to you.

4.7 In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in the services we can provide you if you don't provide your personal data in these cases.

4.8 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

a) Where we need to perform the contract we are about to enter into or have entered into with you.

b) Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

c) Where we need to comply with a legal or regulatory obligation

4.9 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at [email protected] , and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you.

4.10 As already indicated, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our Booking Platform. We agree that we will not do anything that we have not agreed to under this Privacy Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, as amended in 2004, 2011, 2015, 2016 and 2018.

5.Cookies

5.1 All Cookies used by and on our website are used in accordance with current English and EU Cookie Law.

5.2 We use cookies to distinguish users and improve our Website. Please look at our Cookie Policy for more cookie information.

6.Where we store your data and security

6.1 We may transfer your collected data to storage outside the UK and European Economic Area (EEA). It may be processed outside the EEA to fulfil your order and to receive our Booking Platform and deal with payment. If we do store or transfer data outside the EEA, we will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the EU GDPR or the UK GDPR or under any prevailing UK Data Protection Laws as may be in effect at the time. Such steps may include, but not be limited to, the use of legally binding contractual terms between us and any third parties we engage with and the use of the EU-approved Model Contractual Arrangements. Your acceptance of this Privacy Policy shall be your consent permitting us to store or transfer data outside the EU and EEA if it is necessary for us to do so.

6.2 Data security is of great importance to us, and to protect your data we have put in place suitable physical, electronic and managerial procedures to safeguard and secure data collected through our Website. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

6.3 We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

6.4 By giving us your personal data, you agree to this arrangement. We will do what we reasonably can to keep your data secure.

6.5 Any payments made by you, will be encrypted.

6.6 We have implemented security measures such as a firewall to protect any data and maintain a high level of security.

6.7 Notwithstanding the security measures that we take, it is important to remember that the transmission of data via the internet may not be completely secure and that you are advised to take suitable precautions when transmitting to us data via the internet and you take the risk that any sending of that data turns out to be not secure despite our efforts.

6.8 If we give you a password upon registration on our Website, you must keep it confidential. Please don't share it.

6.9 We will keep personal data for as long as is necessary which is usually the life of our relationship and for a period of up to seven years after our relationship ends. We may however be required to retain personal data for a longer period of time to ensure we comply with our legislative and regulatory requirements. We review our data retention obligations to ensure we are not retaining data for longer than we are legally obliged to.

7.Disclosing your information

7.1 We are allowed to disclose your information in the following cases:

7.1.1 If we want to sell our business, or our company, we can disclose it to the potential buyer.

7.1.2 We can disclose it to other businesses in our group.

7.1.3 We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights.

7.1.4 We can exchange information with others to protect against fraud or credit risks.

7.2 We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. These are the third parties that have access to your information:

Any ‘Event Organiser’ who’s events you enter via our site

Stripe Payments 

Justhost

7.3 Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, our obligations, and the obligations of the third party under Data Protection Legislation.

8.Your rights

8.1 When you submit information via our Website, you may be given options to restrict our use of your data. We aim to give you strong controls on our use of your data (including the ability to opt-out of receiving emails from us which you may do by unsubscribing using the links provided above in this Privacy Policy).

8.2 Under the Data Protection Legislation, you have the right to:

• request access to, deletion of or correction of, your personal data held by us at no cost to you;

• request that your personal data be transferred to another person (data portability);

• be informed of what data processing is taking place;

• restrict processing;

• to object to processing of your personal data; and

• complain to a supervisory authority.

8.3 You also have rights with respect to automated decision-making and profiling as set out in section 11 below.

8.4 You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.

8.5 To enforce any of the foregoing rights or if you have any other questions about our Website or this Privacy Policy, please contact us at [email protected]

9.Links to other sites

9.1 Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

10.Changes

10.1 If we change our Privacy Policy, we will post the changes on this page. If we decide to, we may also email you.

11. Automated Decision-Making and Profiling

11.1 We do not use automated profiling. However, iIn the event that we do use any personal data for the purposes of automated decision-making and those decisions have a legal (or similarly significant effect) on you, you will have the right to challenge to such decisions under Data Protection Legislation, requesting human intervention, expressing their own point of view, and obtaining an explanation of the decision from us.

11.2 The right described in section 11.1 does not apply in the following circumstances:

a) the decision is necessary for the entry into, or performance of, a contract between the you and us;

b) the decision is authorised by law; or

c) you have given you explicit consent.

11.3 Where we use your personal data for profiling purposes, the following shall apply:

a) Clear information explaining the profiling will be provided, including its significance and the likely consequences;

b) Appropriate mathematical or statistical procedures will be used;

c) Technical and organisational measures necessary to minimise the risk of errors and to enable such errors to be easily corrected shall be implemented; and

d) All personal data processed for profiling purposes shall be secured in order to prevent discriminatory effects arising out of profiling.

12.Terms and Conditions

12.1 Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our Website.

13.Your Consent

13.1 By using our Website and by way of acknowledgment, you consent to our Privacy Policy.

14.Dispute Resolution

14.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy Policy or any breach of it.

14.2 If any such dispute cannot be settled amicably through ordinary negotiations between the parties, or either or both is or are unwilling to engage in this process, either party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

14.3 If the parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

14.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the parties or by LawBite in accordance with their mediation procedure), the parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

14.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the parties in any further proceedings.

14.6 If the parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both parties, shall be final and binding on them.

14.7 If the parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the parties) of the mediator being appointed, or if either party withdraws from the mediation procedure, then either party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

14.8 Any dispute shall not affect the parties' ongoing obligations under this Privacy Policy.

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