SportzMad Ltd Terms and Conditions - Event entrants
These terms and conditions apply to all participants who register to take part in an event organised by SportzMad Ltd. In these terms and conditions participants will be referred to as “you” and the event organiser will be referred to as “SportzMad”.
SportzMad Ltd Terms and Conditions - Race Services
The following are the “Terms and Conditions” which govern the delivery of the services provided by Sportzmad Ltd (“SportzMad”) to a client noted in the applicable quotation or invoice (“Client”) which is executed by and between the parties and references these Terms and Conditions.
- Project Authorisation & Services. The “Services” provided under these Terms and Conditions will be those set forth in any mutually agreed services schedule, SportzMad quotation (“Quote”), order form, statement of work or other document executed by SportzMad and Client referencing these Terms and Conditions (each, a “Services Schedule”). Each Quotation or Invoice shall be governed by these Terms and Conditions. The Client warrants that the individual executing the Services Schedule is a duly authorised representative of the Client.
- SportzMad provide Quotations based upon the information brief supplied at the time. If the brief subsequently changes then the Quotation may need to be updated. All Quotations are valid for 6 months. Nearer the race date the Quotation may need to be updated if the race date is outside of this 6 month window.
- Payment for Services. Services fees are invoiced in full upon delivery of an order, or provision of a service, except as otherwise specified on the applicable Quotation or Invoice. The fees specified in the Quotation or Invoice are the total fees and charges for the Services provided.
- Term and Conditions duration. These Terms and Conditions shall remain in effect from the Quotation date to the date that final, full payment is received by SportzMad.
- Once the Quotation is accepted, the Client may terminate the Services Schedule upon written notice to SportzMad. The Client shall be liable for any costs incurred by SportzMad up to the cancellation date.
- Client shall provide SportzMad with access to data, materials, software and hardware as reasonably required for SportzMad to perform the Services (“Client Materials”). Client hereby grants SportzMad a limited right to use such Client Materials solely for the purpose of performing Services hereunder. Client represents and warrants that it has all rights necessary in the Client Materials to provide them to SportzMad for such purpose. Client shall provide SportzMad with safe access to Client’s premises or race locations as reasonably required for SportzMad to perform the Services, if onsite performance of Services is needed and agreed to by Client. SportzMad personnel shall comply with the reasonable written rules and regulations of Client related to use of its premises or locations, provided that such written rules and regulations are provided to SportzMad prior to commencement of the Services. SportzMad shall not be responsible for failures or delays in performing Services due to Client’s failure or delay to provide access to Client Materials or Client premises or due to Client-imposed or otherwise imposed security requirements.
- Intellectual Property Rights. Client has and will retain sole and exclusive right, title and interest in and to all Client Confidential Information, Client Materials, Third Party Data, and Third Party Account Information (collectively, “Client Property”), including any and all intellectual property rights therein. SportzMad has and will retain sole and exclusive right, title and interest in and to all SportzMad Confidential Information, SportzMad products, SportzMad service, and all SportzMad technology, platforms, methodologies, processes, techniques, ideas, concepts, designs, tools, trade secrets and know-how, and any modifications, improvements or derivative works of the foregoing, including any and all intellectual property rights therein, (collectively, “SportzMad Property”). However, SportzMad’ ownership rights do not extend to Client Property embedded or incorporated in the foregoing items.
- Provided that Client performs its obligations to SportzMad under these Terms and Conditions and the applicable Services Schedule, SportzMad warrants to Client that the Services performed by SportzMad will be performed consistent with generally accepted industry practice.
- Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO SPORTZMAD UNDER THE APPLICABLE SERVICES SCHEDULE. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION 9 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.