Terms and Conditions of Use - as of 16/01/2017

Between:
  • 1. Challenging Events Ltd (company number 10440652), Apt 3844, Chynoweth House, Trevissome Park, Truro, TR4 8UN, UNITED KINGDOM (“CE”), and
  • 2. An Organiser/Club that wishes to use the Service and has indicated that it agrees with these terms and conditions by requesting that its Event Entry, Event Timing or Membership Management is provided by CE (“Organiser”)
The Organiser and CE being “the parties”.

Online Membership System

The Service

  • 1.1 CE will provide to the Organiser an On-Line Management Service for its members on the following terms. Any membership service that is advertised through CE On-Line Service (‘the Membership Service’) shall be referred to as the Club.
  • 1.2 The Club will be advertised through the Service at the request of the Organiser upon the Organiser confirming that it wishes to use the Service according to the terms of this Agreement.
  • 1.3 CE will act as the agent of the Organiser and the Organiser’s terms and conditions of entry and participation (‘Membership Terms’) will apply as the contract between persons joining and participating in the Club (‘Participants’) and the Organiser.
  • 1.4 The Organiser will indemnify CE in respect of any claim, charge back, liability or damage suffered or caused to CE as a consequence of the Organiser not complying with the Membership Terms (including the obligation to make refunds to Participants as required under the organisers Membership Terms).
  • 1.5 CE reserve the right to ask for evidence of how the Organiser would cover refunds in the Club is no longer operating.

The Participants

  • 2.1 Members of the club who join through the Membership Service understand that CE is acting as an agent for the Club and that any issues with the Club membership should be addressed with the Club

Event Terms

Online Entry System

The Service

  • 1.1 CE will provide to the Organiser an On-Line Entries Service for its events on the following terms. Any event that is advertised through CE On-Line Entries Service (‘the Service’) shall be referred to as the Event.
  • 1.2 The Event will be advertised through the Service at the request of the Organiser upon the Organiser confirming that it wishes to use the Service according to the terms of this Agreement.
  • 1.3 CE will act as the agent of the Organiser and the Organiser’s terms and conditions of entry and participation (‘Event Terms’) will apply as the contract between persons entering and participating in the Event (‘Participants’) and the Organiser.
  • 1.4 The Organiser will indemnify CE in respect of any claim, liability or damage suffered or caused to CE as a consequence of the Organiser not complying with the Event Terms (including the obligation to make refunds to Participants as required under the organisers Event Terms).
  • 1.5 CE reserve the right to ask for evidence of how the Organiser would cover refunds in the Event is cancelled (such as cancellation insurance).

Event Terms

  • 2.1 Organiser will adopt Event Terms and will have these clearly accessible via the Event website. CE has produced a set of template Event Terms (which are attached to this agreement) and may be adopted, or modified for use by the Organiser.
  • 2.2 CE reserves the right not to offer the Service or to withdraw the Service if it feels that the Event Terms are not appropriate, or do not create a fair balance between the interests of the Organiser and the Participants.
  • 2.3 The Event Terms create a contract between the Organiser and the Participants; they do not create a contract between the Organiser and CE, or the Participants and CE.
  • 2.4 The Organiser will fully comply with the Event Terms, and will endeavour to communicate with Participants in a timely and efficient manner regarding the Event and all organisational requirements for the Event. The Event website will contain all the relevant and required information regarding the Event and will be kept up-to-date, current and relevant. Nothing contained on the Event website will be misleading, obscene, or defamatory of any person or organisation.

Payments

  • 3.1 CE will collect payment of Event entry fees from Participants and will forward these to the Organiser.
  • 3.2 Once the money has been received by CE (the time can vary depending on the payment method they choose) the money will be transferred to your nominated bank account on the following schedule:
    • 80% of the money will be transferred on the Friday of the following week (or next working day if a Bank Holiday).
    • We will invoice you for the fees for the transactions and then transfer the remaining 20%, less the fee, a further two weeks later.
    • The 20% is held in case of chargebacks and at all times you are responsible for covering the cost of any refunds in the event of the event being cancelled.
    • The money is held in a ring fenced, separate bank account, specifically for customer money.
  • 3.3 CE will not be liable to the Organiser for any errors made by the Participants, any payments systems provider, merchant or bank.
  • 3.4 The Organiser will provide CE with full and accurate details of its bank account where it requires payments to be made. CE will only pay to an account listed within the organiser details.

Website Contract Notice

  • 4.1 The Organiser will ensure that the Event Terms are available on the Event website and are clearly accessible. Together with the Event Terms the Organiser must post a notice in the following terms on the Event website.
  • ‘If you have entered this event using CE On-Line Entries service you need to be aware that all the terms and conditions regarding the entry to and participation in this event are made between the Organiser and the Event participants. CE has acted as our agent only for the purpose of facilitating Event entry and payment’
  • 4.2 The Organiser agrees that it will alter or add to the content of the Event website as CE shall reasonably require and a failure to do so will mean that CE will be entitled to withdraw the Service.

Continuing effect of this agreement - termination

  • 5.1 This agreement will apply to the Event and to other events organised by the Organiser where the Organiser wishes to use the Service; unless a different agreement is adopted by CE and notified to the Organiser.
  • 5.2 CE will be entitled to cease to provide the Service if there is a breach by the Organiser of this Agreement and CE considers that it cannot reasonably continue the Service. In the event that the Service is terminated the Parties will cooperate to ensure that all entries received in proper order through the Service are duly processed and honoured, and that all the required notices as to alternative entry procedures are posted on the Event website.

Data Protection and Copyright

  • 6.1 CE owns the Service and all goodwill, copyright or other rights in and to the Service.
  • 6.2 CE will only deal as agent for the specific named Event Organiser and the Event Organiser is not entitled (whether for profit or not) to make use of the Service for the benefit of any other person or entity.
  • 6.3 Personal Data collected from Participants will only be passed onto Event Organisers registered within the European Union. Event Organisers agree to abide by all the requirements of the Data Protection Act including the Data Protection Principles laid down by the UK Information Commissioner (whichever country within the EU the Event Organiser may be situated).

Event (Chip) Timing

Booking

  • 1.1 Unless and until a 10% deposit (against the quotation amount) is received and confirmed, the booking has not been made.
  • 1.2 The Deposit is non-refundable, however, in the unlikely event of CE cancelling your booking, it will be refunded.
  • 1.3 By accepting the quotation and paying the deposit you have been deemed to irrevocably agree to these conditions.

Lost/Forgotten Chips

  • 2.1 For Events using Disposible Chips - CE will hold 10 free disposables that can be swapped in. After 10 CE will charge a £0.50 administration charge to issue new chips
  • 2.2 For Events using Re-usable Chips
    • CE will hold 10 spare tags that can be used if forgotten/lost by the Participant.
    • The Organiser agress to pay for any Chips/Straps that are damaged - these will be charged at a rate agreed when The Organiser accepts the quotation
    • The Organiser agrees to pay for any Chips/Straps that are not returned to CE within 7 days of the Event

Cancellation

  • 3.1 Cancelling an event will be subject to the following cancellation policy
Time notice is givenFinancial ImpactExample (£1000 booking)
At least two calendar months before the eventThe deposit is lost£100 (no further payment)
At least one calendar month before the event35% of the quotation amount£350 (a further £250)
At least two weeks before the event70% of the quotation amount£700 (a further £600)
Within the last two weeks before the event100% of the quotation amount£1000 (a further £900)

Common Terms

Payment Terms

  • 1.1 All invoices are due for payment within 7 days of the event or notification of cancellation
  • 1.2 Late payments will be subject to statutory interest (currently 8% plus the Bank of England base rate).
  • 1.3 All pricing shown on the website is by the cheapest method possible. The actual price you will pay varies due to the payment method you choose.

Cancelled Payments

  • 2.1 If you cancel a payment, raise a dispute or miss a payment access to the resources or facilities that you have access to may be suspended and you remain liable for any funds outstanding. You will be invoiced as per the above conditions.

Disputes and Governing Law

  • 3.1 If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.