Terms and conditions for the acceptance of card payments
1.1 Thank you for visiting Our website in regard to “Race Entry Section”. These pages tell You information about Us and establish the legal terms and conditions (the “Terms”) upon which We are able to accept Your payment.
1.2 These pages are important so You should read them carefully and make sure that You understand them and their implications before going any further. You should only indicate Your acceptance if You have read these pages and all other policies they refer to and You are prepared to proceed on this basis so described.
1.3 If you do not accept these terms then You will not be able to use the Payment Gateway to make a payment and You should contact Us for further options. Radical will raise an invoice for prepayment prior to the event.
1.4 If You encounter any problems using this website or the Payment Gateway then You should contact by email firstname.lastname@example.org immediately.
1.5 We operate a policy of continuous development. From time to time We may update these Terms and We will make reasonable efforts to bring any changes to Your attention. Consequently these Terms are subject to change at any time and each transaction shall be subject to the specific Terms in place at the time of the transaction.
2.1 In these Terms:
- “We” or “Us” or “Our” means Radical Motorsport Limited, incorporated and registered in England and Wales with company number 3308491 whose registered office is at 24 Ivatt Way Business Park, Westwood, Peterborough, Cambridgeshire, PE3 7PG.
- “You” or “Your” means you, being the person using the website to make a payment.
- Card Payments
3.1 Payment for all entries via the online Race Entry Section must be by credit card or debit card. We accept Visa and Mastercard. We do not accept American Express and Maestro. We require payment for race entries and hospitality in advance of the event. Upon receiving your order we carry out a standard pre-authorisation check on your payment method (card) to ensure there are sufficient funds to fulfil the transaction. We will take payment from your provided payment method when you submit your order. Your bank may request that you are screened using 3D Secure (“MasterCard Secure Code” or “Verified by Visa”) or by an independent fraud prevention service.)
3.2 Your payment will not be collected or processed by Us but by an online gateway system (the “Payment Gateway”). This is operated by a third party. We do not have any control over the Payment Gateway, and You must familiarise Yourself with any specific terms and conditions that may apply to the Payment Gateway.
3.3 We do not retain or control or share any information entered by You into the Payment Gateway.
3.4 We believe that the Payment Gateway offers a secure payment method, but We do not offer any such representation or warranty that this is the case. Any such liability on Our part is excluded to the fullest possible extent.
3.5 Payments can only be accepted in English Pounds Sterling (£). If Your Payment Card is registered to an address outside the United Kingdom You should refer to the Payment Gateway and Your Payment Card issuer for more information about the basis upon which You will be charged for the use of Your Payment Card.
3.6 VAT is charged on all orders
3.7 You must not use any Payment Card unless You are the cardholder or You have the cardholder’s authority to use it.
3.8 We will request that the Payment Gateway describes Your payment on Your Payment Card statement as or similar to “Race Entry Fees”
4.1 The security of Our website and the Payment Gateway is extremely important to Us. A number of security mechanisms have been implemented to protect You and Your data while using this facility.
- Confirmation of Payment
5.1 Once Your payment has been authorised You will see a confirmation screen showing the transaction details and a reference number. You should keep a record of this for ease of future reference. You will also receive an email from Radical confirming the details of your booking and an email from Sagepay confirming your payment.
- Our commitment to You
6.1 Once We have received cleared payment from the Payment Gateway for the transaction we will allocate your payment to your account and send confirmation of receipt of payment We will discharge Your Invoice and treat it as paid.
- Limitation of Liability
7.1 Nothing in these Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
7.2 To the fullest possible extent permitted by law, We exclude all liability and responsibility for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, Our website; or
- use of, or inability to use, the Payment Gateway; or
- use of or reliance on any content displayed on Our website; or
- Your failure to input correct payment details; or
- refusal of Your Payment Card issuer to authorise payment.
- loss of profits, sales, business, or revenue;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
7.3 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful or malicious material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of Our site or to Your downloading of any content on it, or on any website linked to it.
7.4 We assume no responsibility for the content of websites linked on Our site, including the Payment Gateway. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from Your use of them.
8.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
9.1 When You make a payment using the Payment Gateway you will be required to pay Race Entry and Hospitality fees in full.
9.2 In the event You cancel your reservation of Race Entry and Hospitality at least 20 calendar days before the event for which Your reservation applies You will be accorded a refund. To obtain a refund email email@example.com detailing your cancellation and any references in writing prior to the cut off date.
9.3 In the event You seek to cancel your reservation of Race Entry and Hospitality within the 20 calendar day period of the event no refund is available.
9.4 We reserve the right to cancel or amend the Race Entry and Hospitality and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of Our control. Any changes to the Race Entry and Hospitality will be notified to participants as soon as possible by Us. An alternative date will be offered where possible, however We accept no liability for any costs incurred, including travel and accommodation, by the participant as a result of cancellation.
- Entire agreement
10.1 The Terms and Our Web Policies constitute the entire agreement between You and Us and extinguish all previous drafts, arrangements, understandings or agreements relating to the subject matter of this agreement.
- Rights of third parties
11.1 A person who is not a party to the Terms shall not have any rights under or in connection with it.
- Governing Law and Jurisdiction
12.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales.
12.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims.