Legal
Race Organiser Terms
1.Who we are and how to contact us
We are Pack Run Ltd, a limited company (company number SC883554) (“we”, “us”, “our” or “PACKRUN”). We are based at 50 Swordale, Isle of Lewis, Scotland, HS2 0BP. For information on the best way to contact us, see https://www.packrun.run.
2.When these Terms apply
These Race Organiser Terms (the “Terms”) apply to you as an event organiser where you register an account with us, or register any event or race organised by you, on our online PACKRUN marketplace software platform (the “Platform”). These Terms govern your use of the Platform. By registering on the Platform, you agree to comply with these Terms.
In these Terms, a “Listed Event” means any race or event organised by you that you have listed, promoted or made available for User registration on our Platform.
3.Platform
- 3.1Upon registration on the Platform, we will provide you with Platform access enabling you to create, upload and manage listings for your Listed Events, including event descriptions, dates, locations, pricing, user registrations, capacity and related promotional content.
- 3.2In respect of each Listed Event, we will enable users of the Platform (“Users”) to register for, and pay entry fees to participate in the Listed Events through the Platform, in accordance with the payment provisions in paragraph 5 of these Terms. Users will, when placing a booking for a Listed Event via the Platform, agree to the applicable terms and conditions you have provided for your Listed Event (the “Your Event Terms”). We are not a party to Your Event Terms.
- 3.3We may from time to time update or modify the Platform at our discretion to improve, alter or enhance certain elements. We reserve the right to take some or all of our Platform offline as reasonably required for routine and emergency maintenance or repairs.
- 3.4You will be responsible for all activity on the Platform using your login credentials and you will keep these secure and confidential. You will ensure that no harmful code, viruses or other malicious software is uploaded or exposed to our Platform.
- 3.5You will not and will not permit others to: (a) attempt to decompile, reverse engineer, disassemble or otherwise deal with the Platform in any way which attempts to derive the source code, underlying structure or algorithms of the Platform; (b) copy, modify, adapt or create derivative works from the Platform; or (c) use the Platform for any purpose other than its internal business use in accordance with these Terms.
- 3.6If you have any technical issues or require any support with regard to your use of the Platform, contact us at hello@packrun.run.
- 3.7We reserve the right to remove any of your Listed Events from our Platform, or remove access to your account, where we reasonably consider such removal to be necessary or appropriate, including for commercial or security reasons, to avoid infringing any third party rights or to ensure compliance with these Terms or any applicable laws.
4.Your Listed Events
- 4.1You warrant to us that:
- 4.1.1you will co-operate reasonably and promptly with us in relation to your use of the Platform, the administration of the Listed Events and our communications with Users;
- 4.1.2you have the necessary licences, consents and authority to agree to these Terms on behalf of your organisation;
- 4.1.3prior to posting any Listed Events, you have completed the necessary onboarding to open a linked account (a “Connected Account”) with our appointed third party payment provider (our “Payment Provider”). You understand that in order to post a Listed Event, you must agree to the applicable onboarding and account terms of our Payment Provider. You will maintain accurate account and identification details in relation to your Connected Account. We are not responsible for any delays in payments caused by incomplete, inaccurate, out of date information provided to the Payment Provider.
- 4.1.4you will conduct and administer the Listed Events in accordance with all applicable laws, and that you have the necessary licences, consents and insurances in place to conduct each Listed Event;
- 4.1.5all information provided to us and uploaded to our Platform about you and your Listed Event(s) is accurate, true and shall be maintained and kept up to date by you from time to time;
- 4.1.6where booking for your Listed Event requires connection to your (or a third party) booking platform, you will provide all technical and operational access required to the relevant booking system to enable bookings for your Listed Event to take place via the Platform (“Technical Access”) and that you have the right and are duly authorised to grant the Technical Access;
- 4.1.7if any Listed Event is rescheduled, postponed, cancelled or materially changed (collectively, any “Material Change”), you will notify us immediately by email to hello@packrun.run or via the Platform, providing as much detail as possible regarding the Material Change and you will immediately update the listing for the Listed Event on our Platform, to enable us to assist Users with any associated bookings made through our Platform; and
- 4.1.8you will immediately notify us if your Connected Account is suspended, restricted, or deactivated by the Payment Provider for any reason. We reserve the right to suspend your Listed Events pending the reactivation of your Connected Account and can remove any Listed Events entirely from our Platform and close your account on the Platform should your Connected Account continue to be suspended, restricted or deactivated beyond a reasonable period.
- 4.1.1
5.Payments
- 5.1As a prerequisite to posting Listed Events and receiving any payments via the Platform, you will be required to set up your Connected Account with our Payment Provider, including completion of any applicable verification checks and agreeing to any applicable Payment Provider terms and conditions.
- 5.2In respect of each Listed Event, you will set the applicable entry fee to be paid by a User to enter the relevant Listed Event, inclusive of any administrative fees, taxes or other fees you may typically charge for a direct booking (the “Event Fee”). You shall be responsible for any taxes, levies or other charges applicable in your jurisdiction in respect of the Event Fee.
- 5.3Where a User signs up to enter a Listed Event, they will be charged the Event Fee, together with our platform booking fee for our services (the “Platform Fee”). The Platform Fee shall be equal to six per cent (6%) of the Event Fee and is inclusive of VAT.
- 5.4Processing of the Event Fee will be conducted by our Payment Provider. Upon receipt of funds by the Payment Provider from a User in respect of a booking for a Listed Event by a User, the Event Fee will be transferred by the Payment Provider to your Connected Account, subject to the terms of your agreement with the Payment Provider.
- 5.5Where a User is entitled to a refund in accordance with Your Event Terms for any reason, you will promptly provide the refund to the User via our Payment Provider, in accordance with Your Event Terms. You will fund the refund by crediting our account from your Connected Account, following which we will issue the refund to the User. Where your Connected Account has insufficient funds to process any chargeback or refund to a User (a “Shortfall”), you will credit your Connected Account on demand with the amount of the Shortfall and shall indemnify us for any costs, including if applicable the cost of the chargeback or refund, incurred by PACKRUN as a result of the Shortfall.
6.Data Protection
- 6.1You acknowledge that PACKRUN and you are each an independent controller of the Users’ personal data collected via the Platform in respect of your Listed Events.
- 6.2Both parties to these Terms warrant that they will comply with the relevant obligations and duties imposed upon them as independent controllers by all relevant, applicable data protection laws.
7.Intellectual Property Rights
- 7.1You may publicise the fact of your Listed Event(s) being available on our Platform, for example, on social media. We grant you a limited, non-exclusive, worldwide, royalty-free licence to use the PACKRUN logo (or other materials specifically provided to you by us for promotional purposes) (collectively, “PACKRUN Materials”), solely in connection with the promotion of your Listed Event, in the form provided and in accordance with our reasonable written instructions. You may share hyperlinks to your Listed Event(s) on our Platform and state that entry to your Listed Events can be purchased via our Platform. We will remain the owner of all rights in the PACKRUN Materials. Any goodwill in the PACKRUN Materials generated by your use of the same will accrue to us.
- 7.2You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any content, data or information (including trade marks, logos and branding) you may use in the promotion of your Listed Event, provide to us, or otherwise upload to the Platform (collectively, your “Event Materials”) for the purposes of listing and promoting your Listed Event(s) and promoting the Platform.
- 7.3You will remain the owner of all rights in the Event Materials. Other than this limited licence, we will not acquire any rights to your Event Materials and any goodwill generated by our use of your Event Materials will accrue to you. You will indemnify us against any costs, liabilities or losses incurred by us or our affiliates arising out of, or in relation to, our use of the Event Materials in accordance with these Terms.
- 7.4If you or any of your affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us (collectively “Feedback”) in connection with the Platform or our business, you automatically grant to us an irrevocable, royalty-free and worldwide licence to use and exploit the Feedback in perpetuity for any purpose, including the development and improvement of the Platform.
8.Liability
- 8.1Our Platform is a marketplace, enabling Users to book places at your Listed Event(s). All responsibility and liability relating to your Listed Event(s) (including liability for the accuracy of all information provided or made available by you in relation to your Listed Event(s)) and in relation to Your Event Terms remains with you. You will indemnify us against any costs, liabilities or losses incurred by us or our affiliates arising out of or in relation to, the Listed Event(s) or Your Event Terms.
- 8.2Nothing in these Terms purports to exclude any liabilities which cannot be limited or excluded under applicable law.
- 8.3Subject to paragraph 8.2, we shall not be liable to you in any circumstances for any loss of profits, loss of revenue, loss of goodwill, nor for any indirect, consequential or special losses.
- 8.4Subject to paragraph 8.2, our total aggregate liability to you under or in relation to the Platform or these Terms, including for any claims, causes of action or otherwise, shall not exceed one thousand pounds sterling (£1,000).
9.Confidentiality
- 9.1Each party shall not disclose to any person any confidential information concerning the business, affairs, finances, customers, clients or suppliers of the other party or of any member of the group of companies to which the other party belongs, except as permitted by paragraph 9.2.
- 9.2Each party may disclose the other party’s confidential information:
- 9.2.1to those of its and its Affiliates’ employees, officers, representatives, independent contractors and subcontractors who need to know that information in relation to these Terms or the operation of the Platform. For the purposes of this paragraph, “Affiliates” means in relation to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with that party from time to time during the term of this agreement; or
- 9.2.2as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority, provided that, to the extent it is legally permitted to do so, it gives the other party as much prior notice of the disclosure as possible.
- 9.2.1
10.Other Terms
- 10.1You shall not, without our prior written consent, assign or transfer any of your rights or obligations under these Terms.
- 10.2Any delay or failure to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy.
- 10.3If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.
- 10.4These Terms constitute the entire agreement between the parties and supersede and extinguish all previous and contemporaneous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.
- 10.5These Terms are not intended to convey any rights on any third parties and the Contracts (Rights of Third Parties) Act 1999 does not apply.
- 10.6These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of England. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).