1. ABOUT THE ON CIRCUIT MARKET AND THESE TERMS
1.1 About the On Circuit Market. The On Circuit Market is an online marketplace facility that enables users to buy track day sessions directly from a number of leading track day event organisers ("the Marketplace"). The Marketplace is accessed at www.oncircuit.co.uk ("the Site").
1.2 Who we are. The Marketplace and the Site is operated by On Circuit Limited, a company registered in England and Wales with company number 10061206 whose registered office is 1a Harecourt Road, Islington, London, England, N1 2LW ("On Circuit", "we", "us", "our"). Our registered VAT number is 261789470.
1.3 How you may contact us. You can contact us at any time by writing to us at email@example.com.
1.4 How we may contact you. If we have to contact you, we will do so by writing to you at the e-mail address you provided to us.
1.6 If you do not agree to these Buyer Conditions, please refrain from using the Site and/or Services or any part of them. You will not be able to purchase anything using the Marketplace until you have accepted these Buyer Conditions, and agree to comply with the obligations that they place on you.
1.7 Sellers. If you intend to participate in the Marketplace as a Seller (as defined below), separate terms and conditions relating to Sellers will apply.
1.8 "Writing" includes e-mails. When we use the words "writing" or "written" in these Buyer Conditions, this includes e-mails.
2.1 The definitions in this clause apply to these Buyer Conditions.
- any person, firm or company who uses the Site and who purchases Track Days.
- Buyer Conditions:
- shall have the meaning set out in clause 1.5.
- a User who is not registered on the Site.
- Intellectual Property Rights:
- patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- shall have the meaning set out in clause 1.1 above.
- On Circuit:
- shall have the meaning set out in clause 1.2.
- any person, firm or company who sells Track Days through the Site.
- the Site and other associated services provided by us to you in accordance with these Buyer Conditions.
- shall have the meaning set out in clause 1.1.
- Track Day(s):
- the track day sessions and associated products and services listed by a Seller and available for purchase on the Site including driving tuition, helmet hire, pit garage hire and car hire services for use at a track session.
- any person, firm or company who accesses and uses the Site.
- any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re- arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
3. OUR CONTRACT WITH YOU
These Buyer Conditions between you and us will come into existence when you access and use the Site.
4. ACCESSING THE SITE
4.1 Access to the Site is permitted on a temporary basis. You accept that we may withdraw or amend the Site or the Services (including access to them) without notice to you. If we amend the Site or Services, any amendment will be subject to these Buyer Conditions. We will not be liable to you for any reason if the Site and/or Services are unavailable or inaccessible to you at any time or for any period.
4.2 You may register on the Site or use the Site as a Guest. If you are registering as a consumer or purchasing Track Days on the Site as a Guest, we will require you to provide certain personal data including your real name, your billing addresses and an e-mail address which you access regularly. All information provided by you to us must be truthful, accurate and complete. You must correct or update any personal information as soon as practicable if it changes. We reserve the right at any time and at our sole discretion to reject any registration or to suspend or remove any registration. We will not be required to give reasons for such.
4.3 Unless we otherwise consent in writing, you may not register more than one account on the Site.
4.5 You acknowledge that you may be required to set a password for your account, or we may assign to you a User identification code. Any password, User identification code, or other security information must be treated by you as confidential. You must not disclose such information to any third party. We at all times reserve the right to disable any User information code or password (whether chosen by you or us). You acknowledge and agree that you are responsible for all consequences arising from the use or misuse of your account, password and/or User identification code. In particular, you acknowledge and agree that instructions and actions transmitted on the Site via your account will be deemed to have originated from you if your account details have been utilised.
4.6 You acknowledge that information transmitted via the internet is not completely secure and we cannot guarantee that any communication by electronic means will reach its intended destination on time (or at all).
4.7 We (or a third party appointed by us) may be required to carry out maintenance on the Site from time to time. Whilst we will try to notify Users of any upcoming maintenance where possible, we may carry out emergency maintenance on the Site without notice to you. We shall not be liable for any loss or damage suffered as a result of any maintenance or work on the Site.
4.8 We reserve the right (at our sole discretion) to limit or otherwise restrict access to the Site or Services to Users for any reason whatsoever.
5. USING THE MARKETPLACE (IMPORTANT – PLEASE READ)
5.1 The Marketplace is a platform to facilitate the offering and completion of transactions for the purchase of Track Days between Sellers and Buyers.
5.2 When you purchase Track Days through the Site the binding legal contract will be between you and the relevant Seller. We are not a party to any contract of sale between you and the Seller concluded through the Site.
5.3 Any contract of sale between you and the Seller concluded through the Site will be subject to the Seller’s terms and conditions (as may be referred to on the Site, if applicable) which shall include any information included on the Track Days listing or as otherwise provided by the Seller.
5.4 Please note that the responsibility for compliance and enforcement of any rights under the contract of sale between you and the Seller shall be between you both.
5.5 We do not and cannot make any warranty, guarantee, representation, undertaking or otherwise that the Track Days will be of a satisfactory quality, fit for purpose, conform to description, exist, comply with any applicable laws, comply with safety regulations or are otherwise legal. Any warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent that may be permitted by law. Nothing in these Buyer Conditions will affect your rights against the Seller.
5.6 You acknowledge that motorsport can be a dangerous sport and that participation in a Track Day provided by the Seller is at your own risk. Furthermore as the contract for the Track Day(s) is between the Seller and you, you acknowledge that under no circumstances whatsoever shall On Circuit be liable to you for any injury, damage to property, expenses or any other losses (of any kind) suffered or incurred arising your participation in the Track Day and the services provided by the Seller to you.
5.7 Our Sellers will upload the Track Day listings on the Site, we are not responsible in any way for the listings provided by the Sellers.
5.8 You may not use the Marketplace, the Site and/or the Services for any activity that is unlawful in the UK or the country that you are domiciled or using the Site (if different).
5.9 You may not transfer your account to another party without our prior consent in writing.
5.10 There may be links on our Site to third party websites. We have not reviewed these third party websites. You acknowledge and agree that we do not have any control over such sites or resources. If you decide to use the third party websites, you do so at your own risk. We will not be liable for any loss or damage that may arise from or in connection with your use of such websites.
6. YOUR ADDITIONAL OBLIGATIONS
6.1 You will undertake to do the following:
(a) provide us with:
(i) all co-operation that is reasonably necessary for us; and
(ii) all information as may be reasonably required by us, in order to properly provide the Services;
(b) establish and maintain internet access through the use of a suitable computer and modem or similar device;
(c) ensure that any computer hardware and/or software used is properly equipped and functions with up-to- date software and up-to- date protection against Viruses;
(d) ensure that any communication with or data transmitted to us does not contain or transmit any Viruses, and is not:
(i) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
(ii) facilitating any illegal activity.
6.2 You will be responsible for any electronic communications and content sent from your computer or other internet access device using your log-in details whether or not actually performed by you.
6.3 You must not do or omit to do anything that causes the Site, the Marketplace or the Services to be interrupted, damaged or impaired.
6.4 You must not do anything that imposes or may impose (in our opinion) an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial of service attack.
6.5 You must not establish a link to the Site in any way that may damage our reputation or suggest association, approval or endorsement with or by us unless we give you express written consent.
7. YOUR CONTRACT WITH THE SELLER
When you place an order on the Site for a Track Day, this will be an offer by you to purchase the Track Day session. No order will be accepted unless and until we send to you an e-mail confirming the order (as first confirmed to us by the Seller). The contract between you and the Seller shall only relate to the Track Days(s) that are set out in any such e-mail.
8. PLACING AN ORDER
8.1 Your order to purchase a Track Day from a Seller will be placed when you click "Pay Now" to complete the check-out process. When your order is placed, we will send your order to the Seller. Your order is an offer to the Seller to purchase the Track Day. We will also send you an e-mail confirming the order once you have placed it, however this will not amount to an acceptance of the order.
8.2 Once you have placed an order, you authorise us to immediately charge by your method of payment for the purchase price (as specified when you checked-out). We may rely on your placing of an order as an instruction to us to take your payment. Please note that you may not use any card that you know, or ought to know, is invalid or expired.
8.3 A contract of sale will come into existence between you and the Seller once the Seller has accepted the order. The order will be accepted once we have sent you an e-mail confirming the order. This e-mail will include an order ID number. We may also send you other e-mails to update you on the progress of the order, or to invite feedback. You may receive e-mails directly from the Seller with regard to your order, and you consent to us providing the Seller with your contact details to enable the Seller to contact you directly.
8.4 In the event that the Seller rejects your order or the Seller notifies us that it cannot fulfil your order we will refund you the amount that was charged to your original method of payment.
8.5 We may at our sole discretion refuse to process a transaction for any reason or refuse the Services to anyone at any time. We will not be liable to you or any third party in these circumstances.
9.1 We will process payments made by you in respect of transactions made on the Site and we will accordingly transfer the payment to the relevant Seller on your behalf. You acknowledge and agree that all payments relating to the purchase of Track Days by you through the Site will be handled by us.
9.2 Any payment made by you for Track Days on the Site will satisfy your obligation to pay for the Track Day.
9.3 The Track Day listing will clearly set out the price inclusive of any taxes (including for the avoidance of doubt any VAT, sales tax or similar charges or levies), together with any delivery charges that may apply.
9.4 The Track Days listing will show the price of the Track Days in pounds sterling (£). You agree to pay for the Track Days in pounds sterling. Some banks may charge you an additional fee for certain transactions, and you agree that you will pay any additional fee together with the price for the Track Days.
9.5 You may only pay for the Track Days using the payment methods we make available from time to time.
9.6 If your payment is not authorised by your credit card issuer or bank, we will inform the Seller and your order will be rejected.
9.7 If you are located outside the UK, you may be liable to pay any additional import taxes or duties imposed by the applicable tax authority in your country. We will not be liable for payment of any such taxies or duties. Please note that we do not have any control over these taxes or duties, and we recommend that you contact your local customs office for further details before placing your order.
10. COMMENTS AND FEEDBACK
10.1 You may upload your comments, feedback or reviews onto the Site in respect of a particular Track Day or Seller. Any material that is uploaded to the Site must not be:
(b) unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(c) infringe any Intellectual Property Rights of any person;
(d) used to promote or facilitate illegal activity;
(e) used to impersonate any person or misrepresent your identify.
10.2 The material that you upload onto the Site, including reviews, will be considered non- confidential and non-proprietary. We shall be entitled to use, copy, distribute, disclosure or otherwise make use of any such material for any purpose. You will be liable for the content, accuracy or interpretation of any material that you upload onto the Site. We shall not be liable for any loss or damage that may arise from or in connection with any such material.
10.3 We reserve the right to remove or suspend any User from the Site if he or she breaches this clause. We also reserve the right to remove any material (for any reason whatsoever) from the Site that has been uploaded by a User.
11. RETURNS AND REFUNDS
11.1 The Seller’s terms and conditions (and return and refund policy) will apply to any return or refund of Track Days purchased from the Seller through the Site.
11.2 If you would like to cancel your purchase for a Track Day, please contact the Seller directly in the first instance. Alternatively you can notify us in writing at firstname.lastname@example.org. We will forward the request to the Seller, together with your contact details.
11.3 The Seller will inform you if and how you can cancel your order for the Track Day and if it requires any further information. The Seller shall make the return and/or refund in accordance with its return and refund policy.
11.4 In the event that a refund is to be made for a Track Day, we or the Seller (as the case may be) will refund the applicable amount to the payment method used to purchase the Track Day. Please note that we and the Seller have the right to process refunds for the Track Day.
12.1 If you have any complaints and/or questions with respect to a sale transaction, please direct these to the relevant Seller in the first instance and provide full particulars of any complaint, together with any supporting evidence (if applicable).
12.2 The Seller shall be under an obligation to respond to your complaint as soon as reasonably practicable, and in any event, within 3 working days of being notified of the complaint.
12.3 You will use your best endeavours to resolve the issue giving rise to the complaint with the Seller in good faith. You must communicate with the Seller in the English language.
12.4 If the complaint has not been resolved within 8 working days of the Seller being notified of the complaint, we will contact the Seller directly to determine whether it has acted in accordance with its returns and refunds policy.
12.5 We shall review the complaint within a reasonable timeframe. To enable us to do so, we may request that you provide us with further information. You must respond to any request for further information within 5 working days.
12.6 Following review of your complaint in accordance with the procedure set out in this clause, we shall determine whether or not the Seller has breached its returns and refunds policy.
Accordingly we may:
(a) dismiss the complaint; or
(b) process a refund for the Track Day.
13. INTELLECTUAL PROPERTY RIGHTS
13.1 You acknowledge and agree that all title, rights and interest to or in the Intellectual Property Rights arising out of or in connection with the Services, the Marketplace and/or the Site shall be owned by On Circuit.
13.2 You agree that you will not extract, copy, reproduce, modify, create derivative works from or utilise any or all of the content on the Site and/or the Services for any purpose, unless we otherwise consent in writing.
13.3 You hereby grant us an irrevocable, non-exclusive royalty free licence to use any material that you upload onto the Site for any purpose.
13.4 You agree to indemnify us for all claims brought by third parties against On Circuit arising out of or in connection with any material that is uploaded by you or on your behalf that infringes on another party’s Intellectual Property Rights.
14. TERMINATION AND SUSPENSION
14.1 We reserve the right to suspend or terminate this contract immediately without notice if in our sole opinion you are in breach of these Buyer Conditions.
14.2 You may terminate your account by giving us written notice.
15. EFFECT OF EARLY TERMINATION
15.1 Any provision of these Buyer Conditions that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this contract shall remain in full force and effect.
15.2 Termination of this contract shall not affect any rights, remedies, obligations or liabilities that we have accrued up to the date of termination.
16. DATA PROTECTION COMPLIANCE
16.1 How we will use your personal information. We will use the personal information that you provide us to:
(a) provide the Services to you;
(b) to process payment in accordance with these Buyer Conditions;
(c) to enable to Seller to contact you as permitted under these Buyer Conditions;
(d) if you agreed to this during the order process; or
(e) as may be otherwise agreed by you.
16.2 We will only give your personal information to third parties other than the Seller where the law either requires or allows us to do so.
16.3 We will not be liable to you in the event that the Seller processes your personal information in any way that is unlawful or otherwise in breach of data protection legislation.
17. LOSS AND DAMAGE SUFFERED BY YOU
17.1 Nothing in these Buyer Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); or
(b) fraud or fraudulent misrepresentation.
17.2 Subject to clause 17.1 and 17.3:
(a) we shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of data, loss of opportunity, loss of anticipated savings, or any indirect or consequential loss arising under or in connection with the contract between you and us; and
(b) our total liability to you in respect of all other losses arising under or in connection with the contract between you and us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the total amount that you have paid to us under this contract. For the avoidance of doubt, any money paid for Track Days purchased through the Site shall not be included in calculating this sum.
17.3 If you are a consumer and not acting in the course of business, nothing in this clause shall limit your statutory rights.
18.1 Assignment. You may not assign, transfer, mortgage, charge, declare a trust over or deal in any other manner with any or all of its rights and obligations under the contract without our prior written consent (such consent not to be unreasonably withheld). We may assign, transfer, mortgage, charge, declare a trust over or deal with this contract or any part of it to or with any person.
18.2 No partnership or agency. Nothing in these Buyer Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties or authorise any party to make or enter into any commitments for or on behalf of any other party.
18.3 Entire agreement. These Buyer Conditions constitute the entire agreement between us and supersedes and extinguishes all previous agreements, assurances, warranties, representations or understandings, whether written or oral, relating to its subject matter.
18.4 Rights of third parties. No one other than you and us shall have any right to enforce these Buyer Conditions.
18.5 Waiver. If we do not insist immediately that you do anything you are required to do under these Buyer Conditions, or if we delay in taking steps against you in respect of your breaching this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
18.6 Events outside our control. If the provision of the Services and/or the Site is delayed by an event outside our control, then we will contact you to let you know (where possible). In any event, we will not be liable for delays caused by the event outside of control.
18.7 Severance. If any provision or part-provision of these Buyer Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Buyer Conditions.
18.8 Applicable laws and jurisdiction. The contract between you and us and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the contract or its subject matter or formation (including non-contractual disputes or claims).