Brief Description and Terms and Conditions Summary
Description of service
Sublime Racing (“sublime racing”, “www.sublimeracing.com (the Site)” “We”, “Us”, “Our”,) provides a simple and quick means for event organisers (“Organisers”,“Merchants” “You” or “Your”) to publicise sporting events and collect payments with respect to the sale of entries or merchandise to Users (“Buyers”, “Participants”, “Event Registrants”, “You”, “Your”).
Organisers must have a registered sublime racing account (free of charge) to create a new event. Organisers may add feature-rich content to their event (such as course maps, custom entry questions, pricing information, location, inventory, images etc) and collect event registration fees directly from Users. Organisers understand and agree that all payments are transferred through our preferred Facilitated Payment Model (FPM) provider, Stripe.
How it works
Sublime Racing event entry system offers a web-based platform where you can promote your event and associated information, where credit and debit payments are processed securely and speedily, letting you get on with what you do best - ie delivering a well organised and well supported event that gets people coming back year on year.
Terms of Sublime Racing Website Use
All use of the www.sublimeracing.com site to enter events, interact with linked information or for event organisers to register events is subject to our Terms and Conditions.
No event entry participant will be able to register for any event unless they agree to the terms and conditions outlined both by Sublime Racing and those of the respective event Organiser
No event Organiser will be able to register their event unless they agree to the Sublime Racing terms and conditions outlined and in doing so, make a declaration of acceptance of full responsibility for all aspects related to the event, This includes providing evidence that the event carries its own cancellation and refund policy and acceptance of sole responsibility for issuing any refunds.
SUBLIME RACING uses the Facilitated Payment Model “Stripe” to process payments.
2. Facilitated Payment Modes (FPM)
Stripe FPM Payment Processing
It is the Organisers sole responsibility to provide any refunds requested by the Buyer, including any Booking Fees, via the sublime racing admin interface or the Stripe admin interface. SUBLIME RACING will not be held responsible for, or liable for, any financial disputes between Event Organisers and Buyers, and Organisers hereby agree to fully indemnify SUBLIME RACING and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Stripe payment option.
3. Confirmation of transaction
Upon successful payment for each transaction, EVENTAC LTD’s administrative interface generates a confirmation message and receipt to the Buyer with details regarding to the event entry or product they have purchased. The Organiser agrees to unconditionally accept honour and fulfil all commitments as stated on your SUBLIME RACING event entry description.
Following this transaction responsibility for all communication regarding the event will be undertaken by the Organiser.
4. Service Modification/Suspension
The sublime racing website is provided “as is” and on an “as available” basis. SUBLIME RACING is unable to offer warranty that the website or its associated digital processes will be free of defects and/or faults. To the maximum extent permitted by law We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. SUBLIME RACING reserves the right, at any time, to modify, suspend or discontinue, temporarily or permanently the www.sublimeracing.com site (or any part thereof) for any reason or no reason with or without notice. We are unable to accept liability for any disruption or non-availability resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure,Force Majeure, legal restrictions or censorship. The Organiser and the Buyer agree that SUBLIME RACING shall not be liable to you or any third party for any modification, suspension or discontinued service.
SUBLIME RACING reserves the right, at any time, to suspend or permanently remove any or all events published by an Organiser that is/are deemed to breach of these T&C’s (or Our associated agreements) where there is doubt about the details/content or any other material of the event or product provided.
Organiser and Buyer Responsibilities
Event Organisers are responsible for all activity occurring under their respective User account and shall abide by all applicable local, national and/or foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
- notify SUBLIME RACING immediately of any unauthorized use of any password or account or any other known or suspected breach of security
- Report to SUBLIME RACING immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users
- not impersonate an SUBLIME RACING member of staff or another SUBLIME RACING user or provide false identity information to gain access to or use the Service.
- agree to be bound by our Terms and Conditions of website usage (and any associated documentation referenced therein) and will not use our Services in any way that
· Is unlawful, harmful, threatening, defamatory, infringing, harassing, racially or ethnically offensive or will include obscene material or reference
· Depicts sexually explicit images
· Facilitates illegal activity
· Promotes unlawful violence
· Is discriminatory based on race, gender, colour sexual orientation, religious belief, disability or is otherwise illegal or causes damage or injury to any person or property
Event Organisers understand and agree
- that SUBLIME RACING may review and delete any content, messages, course maps, photos, videos or profiles (collectively, "Content") that in the sole judgment of SUBLIME RACING violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users.
- that You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other users.
- You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as an Event Manager, Buyer or otherwise, you hereby grant to SUBLIME RACING a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub licensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). SUBLIME RACING reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
- SUBLIME RACING allows for Organisers to insert links to other internet websites or resources. Because SUBLIME RACING has no control over such websites and resources, the Buyer or any other user of the SUBLIME RACING service, agrees that SUBLIME RACING is not responsible, endorses or liable for any external content available on such websites or resources. The Organiser or any other user of the SUBLIME RACING service agrees that SUBLIME RACING is not responsible or liable for any consequences arising from the usage or reliance of any such websites or resources.
- PHOTOS - It is your responsibility not to upload an abusive photo, not to infringe on any copyrights or trademarks, and not to use a design which other SUBLIME RACING users may deem offensive. SUBLIME RACING is not liable for any imagery that is uploaded by Organisers or Registered Users that infringes any copyrights or trademarks relating to the respective imagery.
Copyright and Trademark infringement
Any complaints, with merit, received by SUBLIME RACING relating to Copyright and Trademark infringement by an Organiser or publisher on the www.sublimeracing.com site will result with the “switching off” of their Event site on SUBLIME RACING and their details forwarded on to the requestor. Any costs associated with this process will be passed onto the Organiser or publisher on the www.sublimeracing.com site.
You can, of course, refuse to accept or block certain cookies and computer browsers have different ways of doing this.
For Users and Organisers to be able to use www.www.sublimeracing.com website we have to ask for and store some basic personal information about you. By visiting our site to create an account or register for an event, you are accepting and consenting to the collection and use of this data in the manner described.
The data collected at the point of registration may be transferred to, and stored at, a destination outside of the European Economic Area (EEA). It may also be processed by staff operating outside the EEA ie staff who work for our FPM. By submitting your personal data, you agree to this transfer, storing or processing.
SUBLIME RACING is NOT liable for any injury of life, body or health, based on a violation of duty by Organisers, its legal agents or its vicarious agents.
The Buyer absolves SUBLIME RACING of any responsibility for anything relating to the Event placed by the Organiser on the SUBLIME RACING System or sent by the Organiser via SUBLIME RACING emails.
Any claims from the Buyer, relating to anything prompted by/from/linked to the purchase of an Event, should be made to the Organiser.
Organisers and Users hereby agree that they are liable for all content, in whatever form, provided and made available through www.sublimeracing.com and agree not to use the service to upload, post, email, transmit, broadcast or otherwise make available any content that is; unlawful, threatening, abusive, vulgar, harmful, tortuous, defamatory, libellous, vulgar, obscene, invasive, hateful, racially or ethnically objectionable, harmful to minors, impersonating any person or entity, misrepresenting yourself, breaching fiduciary contracts, selling or advertising other products other than what is related to the Event, malware, software viruses, malicious code, inciting or breaking the any law foreign or domestic.
The Organiser agrees to defend, indemnify and hold anyone associated directly or employed by SUBLIME RACING harmless with any and all damages, liabilities, costs and expenses (direct or indirect) due to or arising from your content. You also agree to cooperate with all requests from SUBLIME RACING relating to this matter.
SUBLIME RACING reserve the right, at its sole discretion, to terminate an Organiser’s account and remove all related content at any time for any or no reason for (a) failure to pay any fees and monies due by the Organiser(b) lack of usage of www.sublimeracing.com (c) any breach of these T&C. Organisers agree that any termination can be implemented without any prior notice. The Organisers also agree that SUBLIME RACING shall not be liable to you or any third party for any termination.
Disclaimer of warranties
The SUBLIME RACING services is provided on an “as is” and “as available” basis. SUBLIME RACING makes no warranty that: (a) The Service will meet your requirements (b) The Service will be uninterrupted, timely, secure or error free (c) The results from the use of the service will be reliable or accurate (d) The Service or Events (or any part thereof) will meet your expectations (e) Any error will be corrected.
Intellectual Property Rights
All intellectual property rights, including in particular, trade marks, logos and copyright shall be owned by the party introducing the same.
These Terms and Conditions and the relationship between you and SUBLIME RACING shall be governed by and construed in accordance with the laws of England and Wales and all the Parties agree to submit to the exclusive jurisdiction of the English courts.
This event is organised by Sublime Racing ltd (We /Us/Our).
References to the “Applicant/ You/Your” means the person in respect of which the race application has been submitted
Official timing and scoring is by gun time unless the start width is restricted to reduce congestion on the course. In this instance, the scoring may be by chip time.
The course may be open to vehicular traffic.
By submitting this entry form, You are agreeing to comply with the following terms and conditions, and You certify the information you are providing is complete and correct:
1. You acknowledge that beyond liability for death or personal injury arising out of our negligence for which We make no exclusion of liability, Sublime Racing ltd. does not assume responsibility for your health, safety, security or support before during or after the race;
2. You are acknowledging that the race is a serious athletic endeavour and that you will have trained adequately to allow you complete it safely and that you will not start the race against medical advice.
3. You confirm that you have sought any appropriate medical advice to ensure that You are physically able to complete the entire race distance and course safely.
4. You will not begin prior to your assigned start time, cut the course short or attempt to join the course at any point after the start line;
5. You will not compete in a manner which, in the judgment of the race officials, stewards or members of the police interferes with race operations, other participants, or the integrity of the competition;
6. You will not reproduce or alter your official race number or share images of it on social media prior to the race;
7. You will not sell or transfer your official race number or timing device or your right to obtain it to anyone or any organization for any purpose, including charity auction, lottery, or other fund-raising effort;
8. You will adhere to the rules of the race and of England Athletics which have been made available to you in advance of your submitting your entrance application.
9. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out below.
10. The total amount of Our liability is limited to the higher of total amount of entrance fees payable by You under the Contract or the amount of insurance we hold for such liabilities .
11. We are not liable (whether caused by our employees, agents, or otherwise) in connection with our position as race organiser or in the performance of any of our other obligations under these terms and conditions for:
a) Any indirect, special or consequential loss, damage, costs or expenses or:
b) Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation, or goodwill, business interruption or other third party claims: or
c) Any failure to perform any of our obligations is such delay or failure is due to any cause beyond our reasonable control: or
d) Any losses caused directly or indirectly by any failure or your breach in relation to Your obligations.
Declaration and Waiver of Entrant
1. In consideration of Sublime Racing ltd. accepting this entry from me, I acknowledge that I enter the race entirely at my own risk.
2. I hereby release Sublime Racing ltd. from any and all liability arising from any loss, damage or injury (including fatal injury) suffered by me before during or after the race save in respect of death or personal injury arising out of the negligence of Sublime Racing Limited. I hereby waive any and all rights and claims for damages or compensation from Sublime Racing ltd. (including its employees, agents, officers, governors, sponsors and volunteers, and their representatives, successors and assigns) arising from any loss, injury (including, subject to the above, fatal or other injury) suffered by me before during or after the race. This waiver and release is binding on my estate and my heirs.
3. I acknowledge that it is my responsibility to understand the risks of running a race and determine whether I am fit enough and strong enough to safely run or walk the race.
4. I attest and certify that I am physically fit, injury free and have sufficiently trained to complete the race. I acknowledge that Sublime Racing ltd. recommends that I undergo a medical check-up with my physician before starting the race to determine if I am at risk from any underlying health issues, which may be aggravated by a race.
5. I agree to abide by all rules and guidelines of the race and not to cover, alter, reproduce or transfer my race number or alter or transfer my timing and scoring chip. I acknowledge that to do so will result in my and my transferee’s disqualification from this and future competitions organised by Sublime Racing ltd.
6. I accept and acknowledge that the Entry fee is NON-REFUNDABLE and entries are NON-TRANSFERABLE to another event save in the event of your inability to stage the event. In the event that the race is postponed or cancelled I understand that it will be rescheduled to a date not more than 6 months later to which I will be entitled to participate in substitution to the cancelled event . I will not sell my race entry or offer it to another person free of charge if I cannot participate.
7. I accept and acknowledge if the race is postponed, altered, shortened, lengthened or cancelled that Sublime Racing ltd. has no obligation to me for any costs and expenses that I may incur pertaining to my planned participation, whether for travel, lodging, meals or any otherwise. I accept and acknowledge there are no exceptions to this policy and that I will not ask for an exception to be made for me.
8. I hereby grant full permission to Sublime Racing ltd. or any of its service providers to use photographs, films or recordings of the race for any legitimate purpose without recourse to me and I hereby release any right I may have to my image while taking part in the race or at the start line, race HQ or finish area. Where an application is made by an adult for any minor (under 18) racing that application is made on the basis that such permission also applies to such minor.
9. I understand and acknowledge that this waiver includes any claims, whether caused by negligence, omission, the action or inaction of Sublime Racing ltd. or any of its service providers or otherwise.
10. I acknowledge that I have been afforded the opportunity to take legal advice before entering the race and if I chose not to that I will not later seek to rely on the fact that I did not understand this declaration and waiver.
11. I agree that any legal claim or dispute arising out of or in any way relating to my participation in this event will be governed by the laws of the England and Wales and will be adjudicated exclusively by and in the Courts of England and Wales.
Sublime Racing Ltd. will hold your data for 12 months following the event date. Contact (for non mandatory event communications) with you will be made in accordance with your consent