The Rally Company - Terms & Conditions
1.Conditions Of Use
1.1 Acceptance of our Terms
By visiting the website www.therallycompany.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to www.therallycompany.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of www.therallycompany.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and The RallyCompany Ltd and that your use of www.therallycompany.com shall indicate your conclusive acceptance of this agreement.
1.2 Provision of Services
You agree and acknowledge that The RallyCompany Ltd is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that The RallyCompany Ltd is entitled to provide services to you through subsidiaries or affiliated entities.
1.3 Proprietary Rights
You acknowledge and agree that www.therallycompany.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. The RallyCompany Ltd authorises you to view and make a single copy of portions of its content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
1.4 Submitted Content
When you submit content to www.therallycompany.com you simultaneously grant The RallyCompany Ltd an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to The RallyCompany Ltd
1.5 Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
1.6 Disclaimer of Warranties
You understand and agree that your use of www.therallycompany.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. The RallyCompany Ltd does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the www.therallycompany.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
1.7 Limitation of Liability
You understand and agree that The RallyCompany Ltd and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not The RallyCompany Ltd has been advised of or should have been aware of the possibility of such damages.In all cases, the liability of the Organiser shall be limited to the amount actually paid by the Participant or the Participating team to the Organiser.
1.8 External Content
www.therallycompany.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that The RallyCompany Ltd is not responsible for and may not endorse any advertising, products or resource available from such resources or websites.
All disputes arising out of or in connection with these terms and conditions or the contract between the Organiser or the Participants or Participating Team, shall be subject to English law and the jurisdiction of English courts.
1.10 Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and The RallyCompany Ltd. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
1.11 Changes to the Terms
The RallyCompany Ltd reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of www.therallycompany.com after any changes to Terms will signify your agreement to be bound by them.
2. Limitations of liability
2.1 – Financial Liability
It is the sole responsibility of the participants and participating teams to ensure that you have satisfied the requirements and laws of each country visited as well as the rules of The RallyCompany Ltd. The RallyCompany Ltd shall accept no financial liability and shall offer no recompense for any team/team member who cannot travel the intended route due to, but not limited to; problems arising from vehicles, passports, visas, committing or non-declaration of criminal offences or incomplete insurances. In all cases, any financial liability that may be deemed by a court of law to be the responsibility of The RallyCompany Ltd shall be limited to the amount paid by the individual or team concerned.
2.2 Acts of God
The RallyCompany Ltd shall accept no liability, financial or otherwise, for any events out of its control. Such events may include, but are not limited to war, or threat of war, rioting or civil unrest, terrorist activity, strikes, natural disasters, extreme weather conditions or any other acts of god. In the event of any such occurrence, The RallyCompany Ltd shall make every effort to run the rally with minimal disruption/change to the published route/schedule. In the event that this it becomes necessary to change published routes, destinations or timings due to any of the above, The RallyCompany Ltd shall accept no responsibility for any hotel bookings, ferry crossings, channel tunnel crossings or any other outlay made by particpants/teams.
2.3 Vehicle eligibility
It shall be the sole responsibility of all participants and teams to ensure that their vehicle is fully road legal and complies with all regulations in each country the rally may enter. The RallyCompany Ltd shall accept no responsibility for convictions, fines, points or imprisonments arising from illegal vehicles or supporting documents.
The RallyCompany Ltd shall make no provision to assist financially or practically, any team, vehicle, or participant who cannot travel, complete or otherwise participate in the rally due to breakdown or any other such failure of their vehicle. It shall be the sole responsibility of the participant and/or participating team to ensure that they have sufficient breakdown cover for each country they intend to travel through. No refunds in part or in full, shall be offered to teams without adequate cover in place.
All participants accept that their taking part in any The RallyCompany Ltd event is at their sole and exclusive risk. Participants accept and understand that they may be exposed to risks including but not limited to serious personal injury, disease, theft of property or death. By signing these Terms & Conditions you fully accept and understand the above and agree that The RallyCompany Ltd shall be admonished of all responsibilities, financial or otherwise for any accident or incident arising from your participation in any of its events. All participants of any The RallyCompany Ltd event agree to take full responsibility for all costs and/or risks associated with the event and that the organiser shall not be liable whatsoever for the same.
Particpants and participating teams can sign up for any The RallyCompany Ltd event by paying a minimum deposit of £50 per person, with the remaining balance owed to be paid no later than 90 days prior to departure. Any participant or participating teams understand and agree that any balances not paid within this agreed timeframe shall constitute cancellation and be subject to the cancellation terms as set out in section 4 of this agreement. The RallyCompany Ltd shall not accept responsibility for late payments regardless of circumstance.
Participants and or/participating teams may cancel their involvement in any The RallyCompany Ltd event at any time by emailing us full information through www.therallycompany.com. In the event that you have paid either the full amount or a deposit only and you are cancelling no later than 90 days prior to departure, you shall be entitled to a refund of 90% of what you have paid. In the event that you have paid the full amount or a deposit only and you are cancelling within 90 days of departure but no later than within 28 days of departure, you shall be entitled to a 50% refund. In the event that you have paid the full amount and you are cancelling within 28 days of departure, you shall be entitled to no refund of any monies paid. By signing these Terms & Conditions you accept the terms contained regardless of circumstance or misfortune.
5. Our Events
5.1 The Rules
All participants and participating teams agree to the rules as set out on our ‘The Rules’ page on www.therallycompany.com
5.2 Vehicle Eligibility
Any team entering a The RallyCompany Ltd event may use any vehicle that is road legal in each intended country of travel and in accordance with the specifications and/or limitations that may be listed for each event. It is the responsibility of the entrant and/or their teams to check any vehicle restrictions and/or limitations that may be in place for any event. The RallyCompany Ltd shall accept no responsibility for teams with non compliant vehicles entering any event.
5.3 Prize Money
All prize monies published are paid by cheque or bank transfer no later than 28 days after the completion of the event. It is the responsibility of the participants and participating teams to ensure that they are able to accept payment via these methods. The RallyCompany Ltd shall not pay any prize monies by any other means other than these. Participants and participating teams agree that the final decision on points awarded for any and all challenges is at the sole discretion of the organisers. In the event of any dispute, The RallyCompany Ltd shall review any such decisions and its decision shall be final and binding.
By participating in the Event you consent to be photographed and to be included in the filming of footage documenting the Event. You hereby waive any and all rights of publicity or privacy and grant the Organiser complete permission to utilise and exploit your appearance in the rally in any and all manner and media throughout the world in perpetuity. You further agree that the Organiser has the sole discretion to use or refuse to use any photographs or footage in which you appear, and that if the Organiser does use such photographs or footage, it may be edited at the Organiser’s sole discretion. You consent to the use of your name, image, likeness, voice and biographical material about you in connection with any and all footage, publicity and related promotional material and for any and all publicity and promotional purposes. You expressly release the Organiser, its directors, officers, agents, employees, consultants, licensees and assigns from and against any and all claims which you have or may have for invasion of privacy, defamation or any other cause of action arising out of the production, distribution, broadcast or exhibition of photographs, footage or any promotional materials.
6 .Our Rights
We reserve the right to modify, or withdraw, temporarily or permanently, the Website (or any part thereof) without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We also reserve the right to change these Terms and Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website