Terms and Conditions

This page contains the following:

Website terms and conditions

Race On App terms and conditions

Competition terms and conditions    

This website (the “Site”) is operated by The Jockey Club (registered number RC000287), a company incorporated by Royal Charter, registered in England and Wales whose registered address is at The Jockey Club, 75 High Holborn, London, WC1V 6LS. Any references to “we”, “us” or “our” shall be taken as references to The Jockey Club.
 
This Site is hosted on behalf of The Jockey Club by Haymarket Network of Teddington Studios, Broom Road, Teddington, Middlesex TW11 9BE (“Haymarket”).

 
Please read these terms and conditions carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that you are deemed to have agreed to whenever you use the Site. If you do not accept these terms and conditions you should not use this Site.


Website terms and conditions

1. Username and password:
You may be required to register as a user of the Site to be able to access certain areas of the Site. In such a case, you will need to provide a username and password when doing so. You must ensure that you keep your username and password secret and that you do not disclose them to anyone as you will be responsible for all activities which occur under your username and password. It is your responsibility to notify us immediately of any unauthorised use of your username or password or any other breach of security as soon as you become aware of it.

2. Privacy: Your personal information will be used in accordance with our privacy policy.

3. Code of conduct: You agree that you are responsible for everything that you transmit to the Site and you agree not to and warrant, represent and undertake that you will not:

(i) use any bulletin boards or discussion forums for any commercial purpose;
(ii) use the Site in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person, nor post, submit or upload or otherwise transmit or publish content or information, or participate in any form of discussion, which is unlawful, harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented or pornographic, racially offensive or which otherwise includes objectionable material;
(iii) post, submit or upload or otherwise transmit or publish content or information which you do not have the right to use or which contains advertising of any kind, or transmit to the Site any material containing software viruses or files designed to damage or disrupt or corrupt data or the good working order of any computer or telecommunications equipment; or
(iv) impersonate any other person or entity whilst using the Site.

We will be entitled at our discretion to remove anything which is transmitted to, from or via the Site or posted on the Site which, in our opinion, is objectionable or does not comply with these terms and conditions in any way. We will not be liable for doing this. However, for the avoidance of doubt, we will not be required to monitor use of or access to the Site generally.
 
4. Availability and Access: We have taken reasonable care in the preparation of the Site. However, we cannot guarantee that you will have uninterrupted access to the Site at all times and we reserve the right to suspend the Site at any time, without notice or liability. We reserve the right in our absolute discretion to monitor, suspend, revoke or otherwise limit access to this Site at any time. 
Access to this Site and the information on the Site is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) it is prohibited to access the Site or direct such information for any reason. If you are a person in a jurisdiction in which such prohibitions apply, you must not access this Site.
 
5. Amendments: We may delete or update any information on the Site, add material or amend, alter, redesign or change anything contained on the Site at any time, without notice and without any liability to any person. We shall have no responsibility for ensuring that the Site is kept up to date.
 
We reserve the right to amend these terms and conditions without notice to you from time to time. Any such amendment shall be effective once the revised terms and conditions have been posted on the Site, and it shall be your responsibility to check these terms and conditions for any such amendments.  
 
6. Information on the Site: The information on the Site has been included in good faith for general informational purposes only, and is subject to change without notice. Nothing contained in any part of this Site constitutes legal, investment, tax or other advice, nor should it be relied upon in making an investment or other decision or for any other specific purpose and no undertaking, representation or warranty (express or implied) is given as to its accuracy, reliability or completeness.
 
We have made reasonable efforts to ensure that all information on the Site is accurate at the time of inclusion, however, there may be errors in such information for which we apologise but shall have no liability. We cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks or “hacking”.
 
We have included certain material on the Site which has been produced, provided or written by third parties. Such material is provided for information purposes only and should not be taken to represent the opinions, beliefs or views of The Jockey Club or any of its holding, subsidiary or sister companies, employees, directors or officers.
 
7. Ownership of Materials on the Site:  The Jockey Club or its affiliates or licensors are, unless otherwise stated, the owners of all copyright, database and other intellectual property rights in the Site and its contents, with all rights reserved. This includes, without limitation, copyright and other intellectual property rights in the videos, presentations, documents, graphic images, buttons, layout and text contained on or in this Site.
 
You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site in any form (including photocopying or storing it in any medium by electronic means) other than (i) as specifically permitted by applicable law, and (ii) by making copies as part of any necessary incidental acts during your viewing of the Site or for solely educational purposes. In particular, you shall not incorporate any material from this Site or any part of the Site in any other commercial work or publication, whether in hard copy or electronic or any other form and no part of a page from this Site may be distributed or copied for any commercial purpose.

All brand, product and service names, logos and images used in this Site are the property of The Jockey Club or its affiliates or licensors, unless otherwise stated, with all rights reserved. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any of the trade marks, trade names or service marks on this Site without the prior written permission of The Jockey Club or, where applicable, the owner of such trade marks, trade names or service marks.
 
8. Contributions to the Site: Where you are invited to submit any contribution to the Site (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution, to grant The Jockey Club a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution worldwide and/or to incorporate your contribution in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in our privacy policy. If you do not want to grant to The Jockey Club the rights set out above, you should not submit your contribution.

Further to the above, by submitting your contribution to the Site, you:

- warrant, represent and undertake that your contribution;
(i) is your own original work and that you have the right to make it available to The Jockey Club for all the purposes specified above and on the terms above;
(ii) is not defamatory; and
(iii) does not infringe any law.
- agree to indemnify and hold harmless The Jockey Club and its affiliates against all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by The Jockey Club or its affiliates as a result of your breach of the above warranty, representation and undertaking; and
- waive any moral rights in your contribution for the purposes of its submission to, and publication on, the Site and the purposes specified above.
 
9. External Links: The Jockey Club is not responsible for the content of external websites. This Site may include links to other websites from time to time. When you access certain links in this Site you may leave the Site. These links are provided for your convenience. External websites are not part of this Site and we do not endorse or accept any responsibility for the content of those websites (nor the products or services on them), are not responsible for the availability of the websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.
 
10. Disclaimer of Warranties and Liability: This Site is provided “as is” and your access and use of it is at your own risk. To the fullest extent permitted by law, The Jockey Club makes no representations, undertakings or warranties about the content of and information provided through this Site, including any hypertext links or any other items used either directly or indirectly from the Site. The Jockey Club accepts no liability for any inaccuracies or omissions in the Site and any decisions based on information contained in the Site are your sole responsibility.
 
To the fullest extent permitted by law all representations, warranties and undertakings (express or implied) in respect of the Site and the content of and your use of the same are excluded. In particular, but without limitation, we do not warrant that the Site or any videos, software, information or material available on or downloaded from the Site will be free from errors, faults, viruses, other computer or-data corrupting or data-damaging material or defects, compatible with your equipment or fit for any purpose.
 
11. Liability: Except in the case of fraud. death or personal injury caused by our negligence or other cases where by law liability cannot be excluded or limited, we exclude all liability to you in respect of your use of this Site or any information or other content obtained either directly or indirectly from this Site, whether in contract, tort, negligence, misrepresentation or otherwise.
 
We shall have no liability for any loss of profit, business opportunity, goodwill, anticipated savings or data, special, indirect, incidental or consequential loss or damages of whatsoever kind resulting from the use of this Site or any information or other content obtained either directly or indirectly from this Site, whether in contract, tort, negligence, misrepresentation or otherwise.
 
You shall be liable to us for any loss, liability or cost we (or any of our affiliates) suffer as a result of your use of this Site or any breach of these terms and conditions. By using this Site you agree to indemnify and hold harmless The Jockey Club and its affiliates against all legal fees, claims, liabilities, damages, costs, losses and other expenses that may be incurred or suffered by The Jockey Club or its affiliates as a result of your use of the Site or breach of these terms and conditions.
 
12. Other Terms and Conditions: Please note that additional terms and conditions may apply to specific sections of the Site. These will be drawn to your attention where applicable. In particular, specific provisions will apply to products and services purchased and ordered via the Site. These will be drawn to your attention where applicable.
 
13. Applicable law:  These terms and conditions are governed by and will be construed
in accordance with the laws of England and Wales. Any disputes arising under or in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
 
14. General: Any failure by us to exercise any right or remedy under these terms and conditions or at law does not constitute a waiver of that right or remedy or a waiver of any other rights or remedies. No single or partial exercise of a right or remedy under these terms and conditions or at law prevents further exercise of the right or remedy or the exercise of any other right or remedy.If a competent court of law or authority finds that any part of these terms and conditions are invalid, unlawful or unenforceable to any extent, we shall delete the relevant part from the terms and conditions and the remainder of the terms and conditions shall continue to be valid and enforceable to the fullest extent permitted by English law.

Please read these terms and conditions carefully to ensure that you understand and agree to them, as they contain the legal terms and conditions that you are deemed to have agreed to whenever you use the Site. If you do not accept these terms and conditions you should not use this Site.

Terms And Conditions For Use Of The Race On App

By clicking on the "i agree" button in the app you agree to these terms which will bind you.

If you do not agree to these terms, you must not use the app. use of the app is taken to mean that you have accepted these terms and conditions.

Who We Are And What This Agreement Does

We, Jockey Club Racecourses Limited (Company No: 02909409), of 75 High Holborn, London, WC1V 6LS license you to use:

The RACE ON mobile application software, the data supplied with the software, (App) and any updates or supplements to it.

  • The related online documentation (Documentation).
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

Your Privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy: http://cheltenham.thejockeyclub.co.uk/pr-policies/privacy-policy.

If You Enter Any Competition Or Game Through This App, You Agree That We May Publish Your Name, Any Photograph Uploaded To Your App Profile And Your Country Of Residence On Any Social Media, Website, Big Screens Or Other Displays At Any Racecourse Operated By Us.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Support For The App And How To Tell Us About Problems

Contacting us
If you think the App or the Services are faulty or wish to contact us for any other reason please contact us at RaceOnApp@thejockeyclub.co.uk.

How we will communicate with you: If we have to contact you we will do so by email or text, using the contact details you have provided to us.

How You May Use The App

In return for your agreeing to comply with these terms you may:

- download or stream a copy of the App onto one hand held device and view, use and display the App and the Service on such device for your personal purposes.

- use any Documentation to support your permitted use of the App and the Service.

You Must Be 18 To Accept These Terms And Use The App

You must be 18 or over to accept these terms and use the App.  

YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days’ notice of any change by sending you a text or email with details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

Update to the app and changes to the service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the device you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

If someone else owns the phone or device you are using:

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

We may collect location data (but you can turn location services off)

Certain Services may make use of location data sent from your device. You can turn off this functionality at any time by turning off the location services settings for the App on the device.

We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.


PRIZE DRAWS AND COMPETITIONS

1. We are the promoter of any competition or prize draw operated via the App (a “Competition”).

2. Save where we notify in writing otherwise, no entry fee or purchase will be necessary to enter any Competition. Entry into any Competition will be deemed as acceptance of these terms and conditions.

3. Competitions are open to all UK residents aged 18 years or over. No entries will be accepted from commercial organisations or entities, agencies, third parties or any employees of The Jockey Club, their families or any party directly associated with administration of the Competition.  

4. Any material or content submitted as part of your entry may appear on any website owned or controlled by us at our discretion. By entering any Competition, you hereby warrant that all the information submitted by you in your application is true.

5. Your entry to any Competition must be received by the closing time on the closing date stated in the Competition details. Incomplete entries or those not received by the above deadline will be disqualified. No responsibility will be accepted for entries not received or which are late or corrupted entries due to failures of the Internet or otherwise. Proof of sending is not proof of receipt.

6. For prize-draw Competitions, the winner will be chosen by a random draw performed by an automated process. 

7. For points-based Competitions, the winner will be the the person with the highest number of points scored.
7.a In the event of a tie-break situation, a single winner will be chosen from the list of participants with matching highest scores by a random draw performed by an automated process.
8. Prize winners will be notified using the mobile telephone number, or email address, provided to us in the competition entry form. The call/email will provide details of how and when the winners can claim their prize. In the event that we are unable to contact any of the winners within the time period stated in the competition details (or if no time is stated within a reasonable period after the Competition has closed), we reserve the right to withdraw the prize from that winner and pick a replacement winner.  In the event the winner of an on-course prize is not physically on the relevant racecourse at the time of the prize draw, we reserve the right to withdraw the prize from that winner and pick a replacement winner.  

9. By entering any Competition:  (a) You agree that we may publish your name, any photograph uploaded to your App profile and your country of residence on any social media, website, to other users of the App, big screens or other displays at any racecourse operated by us, promotional and advertising materials or in the press and that you are willing to participate in publicity; and, (b) You consent to us processing any personal data collected from you for the purposes of administering any Competition. All personal information provided by entrants will be processed in accordance with our privacy policy 

10. No cash alternative to the prize will be offered. The prize is subject to availability and we reserve the right to substitute the prize with another of equivalent value without giving notice. Prizes are not transferable and cannot be resold, given away as a prize or substituted.

11. Our decision regarding any aspect of any Competition shall be final and binding and no correspondence will be entered into about it. Any correspondence with us will be strictly limited to prize winners. 
12. We reserve the right to disqualify any applicant if it has reasonable grounds to believe the applicant has breached any of these terms and conditions.

13. We will not provide accommodation or transport to or from any prize relating to the Competition.

14. We reserve the right to cancel or amend the terms of any Competition at any time without prior notice. Any changes will be posted on this page.

15. By uploading material or content, a thumbnail and/or link to your material or content as part of any prize draw or Competition, you confirm that you own all the necessary rights to do so and indemnify us or anyone working for or on behalf of us in full against any claim for breach of intellectual property rights.
16. All games /competitions are ‘play for fun’, with no prizes offered unless specific details of prize promotions are published in the app. Unless explicitly stated otherwise, prize promotions will only be valid on the publish date of the promotion.

License Restrictions

You agree that you will:

· not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

· not copy the App, Documentation or Services

· not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

· not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law.

Acceptable use restrictions

You must:

· not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

· not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

· not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

· not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

· not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.


Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services 
The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.


WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

· You must stop all activities authorised by these terms, including your use of the App and any Services.

· You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

· We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.




Competition terms and conditions
1. The promoter of this competition is The Jockey Club ("The Jockey Club") 75 High Holborn, London, WC1V 6LS.

2. Entry to the competition implies acceptance of these terms and conditions.

3. No entries will be accepted from commercial organisations or entities, or if entries are sent via agencies or third parties.  

4. The Jockey Club will not accept responsibility for entries that are not received.

5. Any material or content submitted as part of your entry may only appear on any website owned or controlled by The Jockey Club at the discretion of The Jockey Club.

6. Your entry must be received by 6pm on the closing date stated in the competition details. Incomplete entries or those not received by the above deadline will be disqualified. No responsibility will be accepted for late or corrupted entries due to failures of the Internet or otherwise. Proof of sending is not proof of receipt.

7. By entering the competition, you hereby warrant that all the information submitted by you in your application is true.

8. Prize winners will be notified using the e-mail address that they provide to The Jockey Club. The notification e-mail will provide details of how and when the winners can claim their prize. In the event that The Jockey Club does not receive a reply from any of the winners within the time specified in their notification, such winner or winners will forfeit their right to the prize.

9. No correspondence will be entered into in respect of this promotion except with the prize winners.

10. The names of the prize winners will be published on Twitter. Prize winners may be asked to participate in publicity.

11. Any personal information that is provided by applicants to The Jockey Club will be dealt with in accordance with our privacy policy.

12. Prizes are not transferable and cannot be resold, given away as a prize or substituted for a cash alternative.

13. Prizes may be subject to change. The Jockey Club reserves the right to substitute the prize at any time.

14. In the event of any dispute regarding the rules, conduct or the results of any competition, the decision of The Jockey Club shall be final.

15. The Jockey Club reserves the right to disqualify any applicant if it has reasonable grounds to believe the applicant has breached any of these terms and conditions.

16. The Jockey Club will not provide accommodation or transport to or from any prize relating to the competition.

17. The Jockey Club reserves the right to cancel or amend the terms of this competition at anytime without prior notice. Any changes will be posted on this page.

18. By uploading material or content, a thumbnail and/or link to your material or content to this site, you confirm that you own all the necessary rights to do so. The Jockey Club or anyone working for or on behalf of The Jockey Club will not be held responsible for any infringement of copyright.

19. The Jockey Club will review and moderate all material and/or content before it gets added to our website or reproduced by us elsewhere. This is to prevent racist, homophobic or otherwise offensive material from appearing on our site. However, The Jockey Club or anyone working for or on behalf of The Jockey Club will not be held responsible for any material or content deemed offensive.

20. The terms and conditions of this competition shall be governed by the laws of England. Any disputes arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the English Courts.