Terms & Conditions

(a) apply to and bind all the registered users of this website; and

(b) be incorporated into every contract that we enter into online in relation to the supply of our goods and/or services.

"ADR Notice" means a notice served under Condition G.10; "CEDR" means the Centre for Dispute Resolution of Princes House 95 Gresham Street London EC2V 7NA; "Charged-For" shall not include any situation in which your only charges for the Goods or Services in question are reasonable delivery charges; "Commercial Goods" means any Charged-For goods supplied by us; "Content" means information, data, text, music, sound, photographs, graphics, video, messages and works or materials of any sort; "Contract" means any other contract entered into between us relating to the supply to you by us of any Commercial Goods or Paid Services; "Goods" means any goods supplied by us; "Interest" means interest at a rate of 4% above the base lending rate of HSBC Bank plc from time to time; "Model Procedure" means CEDR's Model Mediation Procedure; "Paid Services" means any Charged-For services supplied by us to you; "Registration Form" means the registration form to be completed by Users; "Services" means any services supplied by us to you; "Specified Email Address" means the email address stipulated by you for the receipt of emails from us from time to time; "Third Party" means any (other) User or any person or entity you are dealing with via this website; "User" means a registered user of this website who is permitted access to the password protected sections of this website; "Virus" means any hidden software that can replicate itself and is intended to interfere with the normal operation of any software or computer system (examples of software of this sort includes computer viruses, worms and Trojan horses); "we" and "us" means Fetcheveryone Limited, a company incorporated in England and Wales under Company Number 10548808 with our registered office at 17 New Road, Bromham MK43 8QH (and "our" shall be construed accordingly); "Working Days" means days other than Saturdays, Sundays and public holidays; and "you" means the person (other than us) who has agreed to be bound by these Terms and Conditions, and "your" shall be construed accordingly.

The cap on our liability to you a user of this website takes into account the fact that we have not charged you to become a user of this site, and that if we were to increase the amount of our possible liability to you and the anticipated number of other users of this site it would outweigh the benefits to us of running and maintaining this website.

Liability in relation to the supply of Goods and Services

(a) in respect of Charged-for Goods and Paid Services shall be limited to one and a half times the sums paid to us by you for the goods or services in question (including any delivery charges): and

(b) in respect of Goods and Services that we do not charge for (including those referred to in Condition F.11) shall be limited to shall not exceed an aggregate amount of �50.

The amounts referred to in (a) and (b) apply in all situations and irrespective of whether our liability in question arises under or in connection with any Contract or in contract, tort (including the tort of negligence).

The cap on our liability to you in Condition C.4(b) also takes into account the provisions of Condition F.12.

Non-Excluded Matters

Irrecoverable Losses

(a) any indirect or consequential costs or expenses suffered by you however caused including (but not limited to) loss of anticipated profits, goodwill, reputation, business receipts, or contracts, or losses and expenses resulting from third party claims; or

(a) any economic losses arising from the commission of any tort.

Liability for Information Supplied

(a) relating to races, fixtures and other events; and

(b) that are posted in the public sections of this website.

As we are unable to verify all the information of this sort that we are supplied with, you confirm that you shall carry out your own checks to ascertain the accuracy of the information in question before you rely upon it.

Liability for public section Contents

The cap on our liability to you in relation to postings on this website takes into account the following matters.

(a) At the present time it is not possible for us to moderate all postings in a way that still enables Users to post messages in a real time environment.

(b) You may have legal rights against the individual responsible for the posting in question.

(c) We shall promptly remove any posting from this website if we are notified of its existence and a reasonable case for its removal is provided.

Fraud and Misuse

(a) provide us with accurate information regarding your identity; and

(b) keep any username and password that you need to access any part of this website strictly confidential.

(a) if you believes that any unauthorised use has or may be made of the usernames or passwords referred to in Condition E.3(b); or

(b) if you suspect or are aware of any other possible abuses of the website including (but not limited to) any unauthorised access.

Postings and Moderation

(a) you will not be anonymous to us; and

(b) we may disclose your identity either on this website or elsewhere where we believe it is reasonable to do so, or in pursuant to any court order, law or regulation.

All anonymous postings must also comply with Conditions E.15, G.1, G.2 and G.3 and must be accurate in all material respects.

(a) we may (in our sole discretion) refuse to post any message without liability to the User in question; and

(b) we may withdraw the posting at any time and for any reason.

Licence, Editorial Matters and Restrictions

(a) that have the primary purpose of promoting any goods or services that you or anyone connected with you supplies, or of denigrating the goods or services of any of your competitors;

(b) that contain any software viruses or other destructive or malicious files, programs or code of any sort and this shall include any files, programs or code that unnecessarily waste any IT or other resources; and

(c) that contain any hidden files, programs or code that may be used by you or anyone else to collect or disseminate any information for whatever purpose.

Conduct

(a) Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, or invasive of another's privacy.

(b) Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or any Content (or use the Website in any manner) which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).

(c) Upload, post or otherwise transmit any Content that contains any patent, trademark, copyright or other intellectual property rights, unless you own or control the rights in question or have received all necessary permissions.

(d) Upload, post or otherwise transmit any material that contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of any website, servers, networks or computers including (but not limited to) email bombs and similar programs.

(e) Upload, post or otherwise transmit any unsolicited advertising or promotional materials of any sort, or any other form of solicitation, or any bulk mail, chain letters, or communications materials relating to pyramid-selling schemes.

(f) Restrict or in any way inhibit any other user from using the Website.

(g) Use the Website for any illegal purpose or in a manner that is inconsistent with these Terms and Conditions or is not in accordance with any applicable laws and regulations.

Warning

Termination

Termination

(a) if the other commits a breach of that Contract and (in the case of a breach capable of remedy) fails to remedy that breach within 14 days of receiving a written notice requiring it to be remedied;

(b) if an encumbrancer takes possession or a receiver is appointed over the property or assets of the other;

(c) if the other makes any arrangement with his, her or their creditors, or ceases to carry on business, or is wound up or dissolved; or

(d) if anything equivalent to any of the matters specified in Sub-Conditions F.7(b) or F.7(c) should occur in relation to the other party in any jurisdiction.

Information about Races

(a) You shall supply us with the information in question well in advance of the race to which it relates taking place which shall also allow any changes to that information to be made in good time (see next point).

(b) You confirm to us that you shall check this website to ensure that we have made no mistakes in providing the information that you supplied, and that you shall immediately email us on ian@fetcheveryone.com if we have made any mistakes and we will make the necessary changes.

(c) We will not have charged you for providing the information that you supply us with on this website and you acknowledge that there are other methods and media that you could use to disseminate the information in question.

(c) From a commercial perspective, we cannot be held liable to you (and to everyone else who submits information to us relating to races) to anything other a small sum in relation to a free service that we provide.

(a) you shall not provide us with any information or any materials of any sort that infringe the intellectual property or other rights of any other person;

(b) none of the information or material supplied by you to us shall be libellous, obscene, or abusive nor shall it breach any law or regulation or give rise to any legal claim of any sort; and

(c) (to the fullest extent possible) you waive any rights you may have under Chapter IV of the Copyright, Designs and Patents Act 1988 (or under any similar or analogous provisions under any other statute, law or regulation) in any information or any materials that you submit to us for posting or including on this website.

(a) make any material misrepresentations in any information or materials submitted to us or this website; or

(b) use this website (or any materials posted on it) for the purpose of building up a database of any sort that you or a third party intends to exploit for any commercial purpose.

(a) act in good faith and in a businesslike and courteous way; and

(b) keep strictly confidential all confidential information disclosed to them.

Right of Control and Abuse

(a) the breach by you of any of your obligations under these Terms and Conditions; and

(b) any warranties, representations, confirmations or acknowledgements given by you that prove to be untrue.

Termination

Intellectual Property Rights

(a) a temporary copy of any part of the website is automatically made or retained by your browser as you browse the website; or

(b) you print out any pages from the website as a record of any goods or services you have purchased from the website.

The exceptions noted above do not extend to the copying of the materials in question for any other purposes.

Email Notifications

(a) future changes to our charges or fees; and

(b) any variations to these terms and conditions that shall be binding upon you.

In any email of this sort we shall give you not less than 30 days prior notification of those changes in question which shall also be posted on the this website.

Assignment, Notices and Governing Law

(a) (in the case of the User) the address given in the User's registration form; and

(b) (in the case of us) our registered address

or (in either case) to any other address for service that is subsequently notified in writing by the party in question and notices shall be deemed to be received upon delivery.

This section explains that the law allows you to cancel many online purchases up to seven working days after you made the transaction - unless the service you have paid for has begun within this time. If you will be entering a race online you should note Condition H.20. This explains that because we will provide your details to the race organiser immediately, the service will be considered to have begun, and you will no longer have the right to cancel.

If you do not wish to waive your cancellation right in this way, you should not proceed with race entry via the website.

There is no financial penalty for cancelling this contract during the "cooling-off" period.

No Right to Cancel

(a) in relation to goods or services where the price of the goods or services in question is dependent on fluctuations in the financial market that we cannot control;

(b) in relation to any goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly;

(c) for the supply of audio or video recordings or computer software if they are unsealed by the consumer;

(d) for the supply of newspapers, periodicals or magazines; or

(e) for gaming, betting or lottery services.

Notice of Cancellation with Regards to Services

Returning Goods and Notice of Cancellation

Refund

Possession and Care of Goods

(a) you deliver the goods in question to us (either at your premises or elsewhere); or

(b) you send the goods at your own expense to us.

Except that if you send the goods to us under (b) you shall be under a duty to take reasonable care to see that the goods are received by us and not damaged in transit.

Other Rights

Exception to the Right To Cancel