Terms & Conditions

General T&Cs

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Motor Sport Magazine Limited General Terms & Conditions Show Hide

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR DIGITAL APPLICATIONS

These Terms & Conditions (Terms) tell you the rules for using our website www.motorsportmagazine.com (our Site) and for accessing and using any of our digital applications (Digital Applications), the contents of our Site and any digital application edition of MotorSport Magazine or other digital application content (together, Digital Application Content) published by us or any member of our group via the Site or any of our Digital Applications.

These Terms also set out terms for Subscriptions to MotorSport Magazine.

Who we are and how to contact us

Our Site is operated by Motor Sport Magazine Limited (MSM, we, our or us). We are a limited company registered in England and Wales under company number 05471049 and have our registered office at 16 Rosemont Road, London, England, NW3 6NE. Our main trading address is at 18-20 Rosemont Road, London, England, NW3 6NE. Our VAT number is 871 544 610.

To contact us, please email [email protected] or telephone our customer service line on +44 207 739 8484 or USA toll free 1-866-808-5228.

By using our Site you accept these terms

By using our Site or Digital Application or by otherwise accessing any content found on our Site or Digital Application, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site and/or Digital Applications and/or Digital Application Content.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to our [Privacy Policy which also applies to your use of our Site and/or Digital Application and/or Digital Application Content and sets out information about how we use your personal data and about the cookies on our Site. By visiting our Site with cookies enabled and/or accepting cookies via our cookie consent tool you agree to the use of cookies as explained in our Privacy Policy.

If you purchase products from our Site or on a Digital Application, our Customer Terms will apply to the sales. If you subscribe to Motor Sport Magazine, our Subscription Terms will apply to the subscriptions. If you book to attend any of our or our partners’ events, our Events Terms will apply to your booking.

We may make changes to these terms

We amend these terms from time to time.

Whenever the Terms are changed, MSM will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after MSM has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain Motor Sport Content may be subject to additional terms and conditions.

These terms were most recently updated on 28th January 2020.

We may make changes to our Site and Digital Applications

We may update and change our Site and Digital Applications from time to time to reflect changes to our products, our users’ needs and our business priorities. MSM reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Motor Sport Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.

We may suspend or withdraw our Site and/or Digital Applications

Our Site is made available free of charge.

We do not guarantee that our Site and/or Digital Applications, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site and/or Digital Applications for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site and/or Digital Applications through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Registration, Passwords and Responsibilities

You are responsible for keeping your information and passwords up to date and confidential.

Certain areas or features of our Site and/or Digital Applications may only be open to registered users or subscribers. By registering on the Site and not also becoming a subscriber of MSM, you will become a customer of MSM as a Registered User. MSM reserves the right to amend or vary the content that is made available to Registered Users from time to time.

If you have provided express consent when registering your details as a Registered User, we will contact you from time to time in accordance with your preferences and our Privacy Policy. You will be regularly required to review the Privacy Policy for any updates which may apply to you. You may modify your preferences within the settings page of your online account.

You are solely responsible for the confidentiality and use of and access to the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify MSM using the contact details above if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Digital Application. You will provide MSM with accurate, complete registration information and inform MSM of any changes to such information. For the purpose of confirming your compliance with these Terms, MSM reserves the right to monitor and record activity on the Site and Digital Applications, including access to our content.

Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. MSM does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any other of these Terms, without further obligation to you.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

How you may use material on our Site, our Digital application and our digital application content

The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the Motor Sport Content), is copyright of MSM and its licensors. Motor Sport Content is protected by copyright laws and treaties around the world. All such rights are reserved.

You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Motor Sport” name and logo or other trade names appearing on the Site and/or any Digital Application) for any reason without our prior written consent. The software comprised within and/or which operates the Site and our Digital Applications is our or our licensors’ proprietary software and you may not use it except as expressly permitted under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

All Motor Sport Content is strictly for personal, non-commercial, use only.

You may retrieve and display Motor Sport Content from our Site on a personal computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial, use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial, use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit or distribute any Motor Sport Content. In particular, and without prejudice to the preceding restrictions, you may not do any of the following without prior written permission from MSM:

  • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Motor Sport Content; or
  • modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Motor Sport Content (including as part of any library, archive or similar service) without our prior written consent and in so doing you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
  • remove the copyright or trade mark notice from any copies of Motor Sport Content made under these Terms or otherwise.

Any use of Motor Sport Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be granted in our sole discretion and may be made using our contact details above. Such usage may be subject to a fee.

If you use Motor Sport Content or download any part of our Site or use any part of any Digital Application in breach of these terms of use, your right to use our Site and our Digital Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our Site and Digital Applications is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site and/or Digital Applications.

Although we make reasonable efforts to update the information on our Site and/or Digital Applications, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site and/or Digital Applications is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site and/or Digital Applications contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content

You are responsible for all content you post.

The Site and any Digital Applications may include the capability for users to comment, bulletin boards, discussion groups and other public areas or features that allow feedback to MSM and interaction between users and MSM representatives (Forums). While MSM does not control the information/materials posted to Forums by users (Messages), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with any rules posted by MSM on a Forum. You may not:

  • Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
  • Post, link to or otherwise publish any Messages that infringe copyright;
  • Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
  • Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of MSM;
  • Post Messages in any language other than English;
  • Post the same Message, or a very similar Message, repeatedly;
  • Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
  • Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
  • Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
  • Disguise the origin of any Messages;
  • Impersonate any person or entity (including MSM employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
  • Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
  • Collect or store other users’ personal data; and/or
  • Restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless MSM from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.

MSM has no control over individuals posting Messages on any Forum. MSM cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.

MSM does not verify or approve any Messages, content, information or materials posted on any Forum. The views expressed by other users on our Site and/or Digital Applications do not represent our views or values.

By submitting a Message to a Forum you are granting MSM a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your username or pen name and your expressions of opinion. MSM reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for MSM to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify MSM immediately by contacting our customer service centre for your region or by using the “Report Abuse”  function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us using the contact details above.

Liability and Indemnity

MSM does not guarantee the accuracy, content, or timeliness of our Site, any Digital Applications and/or the Digital Application Content, or that they are free from viruses or other contaminating or destructive properties.

If you are a consumer user:

  • Please note that we only provide our Site and/or Digital Applications and/or Digital Application Content for domestic and private use. You agree not to use our Site and/or Digital Applications and/or Digital Application Content for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective Digital Application Content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.

If you are a business user:

  • Neither we or our affiliates, agents, suppliers or licensors shall be liable to you, your employees, agents or subcontractors for any use or misuse of our Site and/or Digital Applications and/or Digital Application Content. Such limitation:

(i) includes liabilities, costs, expenses, penalties, damages and losses, whether such claim is based on warranty, contract, tort or otherwise (including but not limited to any direct, indirect, incidental, consequential, special, exemplary and punitive losses or damages, loss of profit, loss of reputation, business interruption, loss of business information and all interest, and legal costs and all other professional costs and expenses), arising from the use (or misuse) or reliance on our Site and/or Digital Applications and/or Digital Application Content;

(ii) applies whether damages arise from use or misuse of and reliance on our Site and/or Digital Applications and/or Digital Application Content, from inability to use our Site and/or Digital Applications, or from the interruption, suspension or termination of our Site and/or Digital Applications (including any damages incurred by third parties).

  • You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, special, exemplary and punitive losses and/or damages, loss of profit, loss of reputation and all interest, penalties and legal costs  (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising or in connection with:

(i) Your breach of these Terms;

(ii) The enforcement of these Terms;

(iii) Any claim made against us for actual or alleged infringement of any third party’s intellectual property rights arising out of or in connection with your use or misuse of our Site and/or Digital Applications and/or Digital Application Content; or

(iv) Any claim made against us by a third party arising out of or in connection with our Site and/or Digital Applications, to the extent that such claim arises out of the breach of these Terms by you, your employees, agents or subcontractors;

  • This indemnity shall not cover us to the extent that a claim under it results from our negligence or wilful misconduct.

For all users

In no event will any liability of MSM or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with our Site and/or Digital Applications and/or Digital Application Content or in breach of these Terms by MSM exceed the amount, if any, paid by you to MSM for the particular Service to which the claim relates.

This Liability and Indemnity clause shall survive any termination or expiration of these Terms for any reason.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site and/or Digital Applications and/or Digital Application Content will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and/or Digital Applications and/or Digital Application Content. You should use your own virus protection software.

You must not misuse our Site and/or Digital Applications and/or Digital Application Content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site and/or Digital Applications, the server on which our Site or Digital Applications are stored or any server, computer or database connected to our Site. You must not attack our Site and/or Digital Applications and/or Digital Application Content via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and Digital Applications will cease immediately.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site and/or Digital Application in any website that is not owned by you.

Our Site and/or Digital Applications must not be framed on any other site, nor may you create a link to any part of our Site and/or Digital Applications other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our Site and/or Digital Applications other than that set out above, please get in touch with us using our contact details above.

Subscription and Cancellation

Subscriptions

MSM offers different types of subscriptions (Subscriptions) including, for example, subscriptions to print issues of Motor Sport Magazine and print and digital bundles. Motor Sport Magazine is published monthly. You may purchase a Subscription to print issues, digital editions or print and digital bundles. You may choose your period of subscription from the options that are available on the Subscription order page. (Subscription Period). MSM reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time including without limitation to Registered Users.

MSM will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription. You will receive written confirmation when your Subscription offer has been accepted (beginning the fulfilment of a Subscription does not signify acceptance).

Delivery

If your Subscription is to print issues, then we aim to dispatch your issue within the first week of each ‘on sale’ date. If your Subscription includes a digital element/issue, then you will have access to the issue once it has been published. Subscription to the print and digital bundle will be delivered to you according to the respective delivery methods of each Subscription type.

We will supply the issues to you in the format(s) to which you have subscribed, until either the subscription expires (and is not renewed) or you end the contract.

Renewal

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit, you agree that at the end of the initial Subscription Period (and each renewal period thereafter), your Subscription will automatically renew for the same Subscription Period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial Subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.

Cancellation

Your rights on cancellation of the contract will depend on the type of Subscription you have purchased, your Subscription Period and your chosen method of payment in accordance with the following table.

For Subscriptions paid in full upfront

Subscription Type and Subscription Period

Cooling Off Period

After Cooling Off Period

Refund

Print issues for six (6) months or less.

14 days after the day on which your first issue is delivered to you.

You may not cancel your Subscription.

You will not be entitled to a refund after the Cooling Off Period.

Subscriptions including a digital element for six (6) months or less.

14 days after your purchase.

You may not cancel your Subscription and you will not be entitled to a refund.

You will not be entitled to a refund after the Cooling Off Period.

Print issues for more than six (6) months.

14 days after the day on which your first issue is delivered to you.

You may not cancel your Subscription in the first three months following the Cooling Off Period, or the last three months of your Subscription Period.

If you cancel your Subscription within the first of your Subscription Period, you shall be issued a refund for forthcoming issues, subject to whether the forthcoming issue has already been delivered to you.

Subscriptions including a digital element for more than six (6) months or less.

14 days after your purchase.

You may not cancel your Subscription in the first three months following the Cooling Off Period, or the last three months of your Subscription Period.

If you cancel your Subscription within the first and last three months of your Subscription Period, you shall be issued a refund for forthcoming issues, subject to whether the forthcoming issue has already been published and made available to you.

For Subscriptions paid for by Direct Debit and Continuous Credit Card Payments

Subscription Type

Cooling Off Period

After Cooling Off Period

Direct Debit cut-off

Print issues

14 days after the day on which your first issue is delivered to you.

You may cancel your Subscription at any time.

Your direct debit should be cancelled no more than 14 days prior to the [next ‘Onsale’ date] to avoid risk of being charged for the forthcoming issue.   

Subscriptions including a digital element

14 days after your purchase.

You may cancel your Subscription at any time.

Your direct debit should be cancelled no more than 14 days prior to the [next ‘Onsale’ date] to avoid risk of being charged for the forthcoming issue.   

Cancellation of your Subscription will take effect from the subsequent issue (subject to the cut off period in respect of Direct Debit and continuous credit card Subscriptions) and you will be charged for the issue that has been published (and delivered).

In this section references to “published” includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers.

Any applicable reimbursement will be settled as described in the “Fees and Payments” section below.

How to cancel

You may notify us of your wish to cancel your subscription by contacting us using our contact details above.

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider. You agree to instruct your bank or building society to pay the Subscription Fee by Direct Debit for the entire Subscription Period.

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel your Subscription if you do not wish to pay the new price.

As well as Subscriptions, access to some MSM Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in GBP or other currency specified by MSM. You are responsible for the payment of all charges associated with all use, of the Site and/or a Digital Application using your ID.

When you purchase a Subscription or access to any other Motor Sport Content, you must provide us with complete and accurate payment information. By submitting your payment details, you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Motor Sport Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your use of the Site, any Digital Application or any Subscription is terminated by MSM, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by MSM). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

You may be able to use the Site to purchase products or services from MSM’s third party partners. In that event, your contract for such products will be with the third party partner and not with MSM.

If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you to arrange for the refund to be made to an alternative credit/debit/charge card.

Gift Subscriptions

MSM allows Subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the gift Subscription. Apart from that, these terms will apply to the beneficiary of any gift Subscription, who may therefore use the Site and access any Motor Sport Content only in accordance with these terms, and all references to “your” or “you” (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift Subscription.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

For EU users, should you have any issues with your Subscription or our our Site and/or Digital Applications, you are entitled to use the EU managed and operated Online Dispute Resolution Platform at http://ec.europa.eu/odr.

Our trade marks are registered

“Motor Sport” and “Motor Sport Hall of Fame” are UK registered trade marks of Motor Sport Magazine Limited. You are not permitted to use them without our prior written approval.

Force majeure

MSM, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Motor Sport Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Whole Agreement

Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these terms shall not apply.

Headings

Headings in these terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these terms.

Advertising, Third Party Content and other Web Sites 

Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. MSM is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. MSM is not responsible for the availability of these websites or their content.

Assignment of Agreement

This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. 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.

Non-waiver

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices

Notices to MSM must be given in writing, by letter, and sent to Motor Sport Magazine Limited (for the attention of the Company Secretary).

Severability/Survival/Statute of Limitations

If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.

If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.

Updated on 28th January 2020

Customer T&Cs

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Motor Sport Magazine Ltd Customer Terms & Conditions Show Hide

IMPORTANT NOTE: As well as reading the following Terms & Conditions to which you have agreed by using this Site, you should also refer to the terms and conditions of each individual seller (“Seller”) on their motorsportmagazine.com home or product pages before making any order, along with the General Terms and Conditions of the site.

Acceptance of terms

These provisions (including the Privacy Policy) together with any other documents referred to in these provisions) set out the terms and conditions on which you may make use of the motorsportmagazine.com website (the “Site”) or our mobile application service (the “App”) (together the “Service”), whether as a guest or registered user (“Customer Terms”). Any reference to the Site shall also include a reference to the App.

We may update these Customer Terms (and the documents referred to in them) and any aspect of the Service from time to time and will notify such changes to you by uploading details of them on the Site. You should review the Customer Terms periodically for changes. By using the Site and/or the App you agree to be bound by these Customer Terms. If you do not agree to these Customer Terms, then please do not use the Services or any part of them.

1. About us

The Services are operated by Motor Sport Magazine Limited (“MSM”, “us”, “our” or “we”). We are registered in England and Wales under company number 05471049 and with our registered office address at ​16 Rosemont Road, London, England, NW3 6NE. Our VAT number is 871 544 610.

2. Accessing our Service

(a) Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide through the Site without notice. We will not be liable if for any reason any of the Services are unavailable at any time or for any period.

(b) If you breach any of these Customer Terms, your right to use the Site and/or Service will cease immediately and you must, at our option, return and/or destroy any copies of the content you have made.

(c) From time to time, we may restrict access to any or all of the Services, to users who have registered with us. Any personal data and other information provided by you is processed by us in accordance with our Privacy Policy. By providing any such personal data or other information you agree to the terms of our Privacy Policy.

(d) If you choose, or you are provided with, a user identification or verification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Customer Terms, including the Privacy Policy.

(e) It is your responsibility to ensure that all information (including your name and address) you upload to the Site, is correct and accurate. Ensure that you check all information before making a purchase.

3. Use of the App

(a) We grant you the right to use the App only for your personal use on an iOS product that you own or control. You may not: (i) modify, copy, publish, license, sell or otherwise commercialise the App or any information or software associated with it; (ii) rent, lease or otherwise transfer rights to the App; or (iii) use the App in any way that could impair, the App, our Site or Service in any way or interfere with any party’s use or enjoyment of the App, our Site or Service.

(b) Neither we nor any of our licensors or service providers has any obligation to provide any maintenance and support services with respect to the App or any other part of the Service.

(c) In using the App through an iOS product, you confirm that you have agreed to the applicable Apple Terms and Conditions relating to such use.

4. Intellectual property rights

(a) Intellectual Property Rights means all the intellectual property rights conferred by the law of any country or jurisdiction in the world (including by statute) as amended or re-enacted (by common law, civil law, equity or otherwise) in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, database, trade mark, service mark, design (whether two dimensional or three dimensional), patents, semiconductor topography, confidential information, know-how, trade secret, and in each case whether or not it has been reduced to a material form, and howsoever it may be recorded, stored or embodied (including in an electronic or transient medium), including all applications for such rights as well as all extensions and renewals of such rights;

(b) We own, or are the licensee to, all rights, title and interest in the Intellectual Property Rights in and to the Service, including all rights under patent, copyright, trade secret or trademark law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or any other part of the Service.

(c) You must not extract or otherwise use any of the content on the App, the Site and/or Service for commercial purposes without obtaining a licence to do so from us or our licensors.

(d) We respect the intellectual property rights of others and we ask our Customers and Sellers to do the same. If you are aware that any of your intellectual property rights have been infringed on the Site, please email [email protected] or call +44 207 3498484 to report the concern.

5. Description of motorsportmagazine.com’s service

(a) Please note that when you decide to purchase goods and/or services the resulting legal contract is between you and that Seller and such contract shall compromise of these Customer Terms, any applicable Seller terms relevant to the purchase, the email confirmation of your order and the applicable details on the product page, all of which you agree to be bound by.

(b) You should carefully review the Customer Terms, the email confirmation of your order and the applicable details on the product page in relation to the order. If there is any conflict or inconsistency between these Customer Terms and the email confirmation of your order or the applicable details on the product page, these Customer Terms shall prevail to the extent of the conflict or inconsistency.

(c) We cannot give any undertaking, that goods and/or services you purchase from Sellers through the Site will be of satisfactory quality, and this and any other such warranties (whether express or implied) are disclaimed by us absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. Where you order goods and/or services through the Site we may disclose your customer information related to that transaction to the relevant Seller in accordance with our Privacy Policy.

(d) We do not review or control, and are not responsible in any way for, listings provided by Sellers and at no time do we possess any items offered for sale by Sellers through the Site.

6. Disclaimer of Warranties and limitation of liability

(a) To the fullest extent permitted by applicable laws, we disclaim responsibility for any harm resulting from your use of any part of the Service.

(b) The Site and App are provided “as is” and “as available” and we expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties.

(c) You download and use the App at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the App.

(d) Neither we nor our licensors are liable to you or any user for any use or misuse of the App or the Site. Such limitation:

(i) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
(ii) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised of the possibility of such damages);
(iii) applies whether damages arise from use or misuse of and reliance on the App or the Site, from inability to use the App or the Site, or from the interruption, suspension or termination of the App or the Site (including any damages incurred by third parties).

(e) Nothing in these Customer Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

7. How contracts are formed between you and Sellers

(a) Each order you place shall be deemed to be an offer by you to purchase the goods and/or services specified within it subject to the Customer Terms and the applicable details on the product page.

(b) No order shall be deemed to be accepted by the Seller until we (acting as the commercial agent of the Seller) issue an email acknowledgement of order. The contract between you and a Seller will relate only to those goods and/or services notified in the email acknowledgement of order.

8. Payment methods

(a) Purchases for goods and/or services you make with Sellers may only be paid for using the payment methods we make available from time to time through our payment facility or by redeeming an email gift voucher or physical gift card (individually a “Gift Card”, together “Gift Cards”) against us to put towards your purchase of goods and/or services on the Site.

(b) Except as otherwise described in the Gift Card terms and conditions below, in accepting or otherwise processing your payments related to the purchase of items from sellers, we act in the capacity as commercial agent of the Seller.

(c) In respect of all payment methods including Gift Cards, the Seller acknowledges and agrees that the valid payment by you to us or redemption of a Gift Card for the purchase of item(s) between you and the Seller will satisfy your obligation to pay the Seller for the relevant item(s) and consequently, any debt obligations owed by you to the Seller for the purchase of such items shall be extinguished at that time.

(d) You acknowledge that these Customer Terms, and/or any transaction made by you via motorsportmagazine.com, do not create or imply any partnership, joint venture or trust relationship between us, you and/or the Seller.

(e) The Seller further agrees that it will not seek recourse (legal or otherwise) against you for payment of items if you have validly paid us.

(f) All prices shall be shown in the applicable currency and payable in that currency. You accept that some banks may charge you an additional fee for certain transactions (for example, international transactions).

(g) You accept that item prices in the currencies displayed do not vary according to your location; delivery charges will vary depending on the destination to choose to have the item delivered. For delivery destinations within the EU prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.

9. Refusal of transaction

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

10. Delivery arrangements

Your shopping basket on the Site displays the goods you have chosen, the Seller who shall provide them and details of postage and packing. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are in working days.

11. Import regulations and duty

If you order goods from our Site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

12. Returns

Please see our Returns & Refunds Policy if you wish to discuss or organise a return, replacement or refund of an item purchased through the Site. Unfortunately some items are non-cancellable and non-refundable, please see our Returns & Refunds Policy for more information.

13. Links

(a) You may link to our home page on the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. MSM expressly reserves the right to revoke the right granted in this clause for breach of these Customer Terms and to take any action it deems appropriate.

(b) Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission at any time.

(c) The Site provides links to other websites for your information. If you use these links, you leave the Site. We have not reviewed these third party websites and we have no control over such sites or resources. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your access to or use of them including the group gifting application which is provided by a third party.

14. Uploading material to the Site

(a) Uploaded material must not:
(i) be defamatory of any person;
(ii) contain material which is obscene, discriminatory, offensive, hateful, threatening or inflammatory;
(iii) infringe any copyright, database right or trade mark of any other person; (iv) be likely to deceive any person;
(v) promote any illegal activity;
(vi) be likely to harass, upset, embarrass, alarm or annoy any other person; or
vii) be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

(b) Any material a user uploads to the Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose a user’s identity to any third party who is claiming that any material posted or uploaded by such user constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by users. We have the right to remove any material or posting a user makes on the Site.

15. Viruses, hacking and other offences

(a) You must not misuse our Site or any part of the Service by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or our Site, the server on which our Site is stored or any server, computer or database connected to the App or our Site. You must not attack the App or our Site via a denial-of-service attack or a distributed denial-of-service attack.

(b) By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

16. Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these Customer Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Customer Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. Severability

If any of these Customer Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

These Customer Terms and any documents or policies expressly referred to in them constitute the entire agreement between us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between us, whether written or oral, relating to its subject matter. Each of us agrees that neither we nor you shall have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in these Customer Terms or any documents expressly referred to in them. Neither of us shall have any claim for innocent or negligent misrepresentation based upon any statement in these Customer Terms and any documents expressly referred to in them.

19. Force majeure

(a) Where we or a Seller are prevented from or delayed in carrying out obligations under these Customer Terms due to circumstances beyond our or the Seller’s reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to our or the Seller’s workforce), or restraints or delays affecting carriers or an inability or delay in obtaining supplies of adequate or suitable materials then either our or the Seller’s (as the case may be) performance of its obligations shall be postponed for the period of time that the circumstances continue.

(b) If the period of delay or non-performance continues for 6 weeks, the party not affected may terminate its obligations under these Customer Terms by giving 14 days’ written notice to the affected party.

20. Rights of Third Parties

No provision of these Customer Terms shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor of either MSM or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of MSM when acting as commercial agent of any Seller.

21. Law and jurisdiction

These Customer Terms and any contracts for the purchase of goods or services made through our Site or the App shall be governed by English law. Any dispute arising from, or related to, such contracts or these Customer Terms shall be subject to the exclusive jurisdiction of the courts of England.

22. Feedback and Complaints

General comments about the Site are welcome, please contact us here. Complaints about a specific Seller, goods or services purchased must be directed to the Seller concerned through the contact details provided on the order confirmation email that you receive for resolution directly with them. If you have made a complaint and have exhausted all of the dispute resolution options available to you through our Site and with the Seller, the European ‘Online Dispute Resolution Platform’ can be accessed by following the link: http://ec.europa.eu/odr.

23. Other applicable terms and conditions

Additional terms and conditions may apply to certain of our products and services. These products and services, and the terms and conditions which apply to them, are set out below.

24. Gift Cards

1. General Gift Card Terms and Conditions

(a) When purchasing a Gift Card or using a Gift Card to make a purchase on motorsportmagazine.com, you agree to be bound by the Customer Terms above, the special conditions relating to Gift Cards below, and any other terms and conditions which may be applicable to your purchase.

(b) By purchasing and/or redeeming a Gift Card you will be deemed to have read and understood these terms and conditions and agree to be bound by them.

(c) The Customer Terms on the Site shall apply to Gift Cards. If and to the extent there is a conflict or inconsistency between the Customer Terms and these Gift Card: special terms and conditions, General Gift Card terms and conditions and conditions or any Gift Card terms and conditions featured on a Gift Card, the Gift Card: special terms and conditions, General Gift Card terms and conditions and conditions featured on a Gift Card (as applicable) shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Customer Terms shall also apply to these General Gift Card terms and conditions.

(d) Gift Cards cannot be purchased in conjunction with any other goods on motorsportmagazine.com in the same transaction.

(e) Gift Cards cannot be used to purchase other Gift Cards.

(f) The maximum value of Gift Cards that can be purchased in any one order is £500.

(g) One or more Gift Cards can be redeemed against a single order.

(h) We shall not be responsible if a Gift Card is lost, stolen, damaged, impaired, corrupted, destroyed, deleted or used without permission. We reserve the right to refuse to accept a Gift Card which we deem to have been duplicated, or otherwise is suspected to be affected from fraud.

(i) We cannot be held responsible for Gift Cards that cannot be delivered due to the recipient’s spam filters, firewalls, capacity of the mailbox, incorrect physical address or any other factors outside of our control.

(j) Gift Cards cannot be returned or refunded, except in accordance with your legal rights. Gift Cards cannot be exchanged for cash or transferred for value.

(k) Gift Cards are valid for 12 months from date of issue.

(l) Gift Cards are provided and operated by Motorsport Magazine Limited, 16 Rosemont Road, London, England, NW3 6NE with registered company number 05471049 and its registered Gift Card agents.

(m) We reserve the right to amend these Gift Card: special terms and conditions and General Gift Card terms and conditions at any time without notice and may take appropriate action, including the cancellation of a Gift Card if, in our absolute discretion, we deem such action necessary.

2. Gift Card: special Terms and Conditions

a) How to purchase and redeem Gift Cards

i. When purchasing a Gift Card from motorsportmagazine.com the purchaser must choose a Card type and design.

ii. Email Gift Cards will be dispatched by email to the designated email account as soon as payment for the email Gift Card has been cleared.

iii. Physical Gift Cards will be posted to the recipient of the Gift Card within three (3) working days after payment for the Gift Card has been cleared.

iv. It is the responsibility of the purchaser to ensure that the delivery email address or physical address entered is correct. We cannot be responsible for the incorrect delivery of Gift Cards due to an error by a customer (such as, a mis-typed email address or physical address).

v. Gift Cards are only available for purchase in pounds sterling using a credit, debit card or using PayPal.

b) Gift Card Redemption

i. When redeeming a Gift Card the unique code and pin (if applicable) stated on the Gift Card will need to be entered at the checkout. If the holder of the Gift Card does not have an online account with us they will be required to open one in order to redeem the Gift Card.

ii. The holder of a Gift Card can only redeem the value through MSM. The Gift Card cannot be redeemed against Sellers directly and are not accepted as a means of payment by Sellers featured on our Site.

iii. Where a holder of a Gift Card redeems a Gift Card against us, we will show a credit on their online account with an equivalent sum. In turn we will apply the funds received by us as principal as payment for the Gift Card against the price to be paid for the goods or service selected for purchase on the Site including postage and packaging (subject to availability) and deduct this from the credit to the holder’s online account.

iv. If the goods purchased total less than the value of the Gift Card, any remaining Gift Card balance will be held against your account on motorsportmagazine.com under ‘my funds’.

v. If credit under a Gift Card is insufficient for us to meet the full cost of the goods purchased the balance must be paid by credit or debit card when the Gift Card is redeemed. You cannot redeem a Gift Card and make a PayPal payment in the same purchase.

vi. Please note that the value of the Gift Card will be deducted by us from your online account and any top-up-payment will be debited, before the applicable Seller will have accepted your offer to purchase a product. As a consequence, if the Seller(s) does not accept your offer to purchase a product, we will reinstate the amount of the Gift Card used to your ‘my funds’ within your account and reverse any top up payment made in anticipation of such purchase to your credit or debit card respectively.

vii. Our Customer Terms shall apply regarding the purchase of goods or services regardless of whether you redeemed a Gift Card as part of the purchasing process.

25. Promotional code terms and conditions

(a) By using a promotional code you will be deemed to have read and understood these terms and conditions along with the Customer Terms and agree to be bound by them.

(b) The terms and conditions on the Site shall apply to promotional codes. If and to the extent there is a conflict or inconsistency between the terms and conditions of the Site and these promotional code terms and conditions, the promotional code terms and conditions shall prevail to the extent of the conflict or inconsistency. The defined terms used in the Site terms and conditions shall also apply to these promotional code terms and conditions.

(c) Promotional codes issued by us can only be used on motorsportmagazine.com [and for purchases made through the App] and towards the purchase of items currently featured on the App and our Site, excluding delivery charges.

(d) Promotional codes are an arrangement between you and us, and not between you and the Seller. Promotional codes cannot be used on the individual websites of any Sellers on motorsportmagazine.com.

(e) Promotional codes cannot be used in conjunction with any other offer on the App or our Site, including (but not limited to) any other MSM promotional code, in the same transaction, or for the purchase of Gift Cards.

(f) The discount associated with a promotional code is applied to your entire basket, excluding any delivery charges. Promotional codes are a combination of letters and numbers, eg, SUKVST1234567, and should be entered in the relevant field on the payment page during checkout for the discount to apply.

(g) Each promotional code will have a limited time period in which to be used and/or a maximum number of orders per code. The code will be invalid once these limits have been reached. Specific terms and conditions for each promotional code setting out any such limits can either be found in the communication you received with the code itself or on the specific promotional code terms and conditions page via the Site (eg, via an on-site banner).

(h) We reserve the right to suspend, change or cancel any promotional code, at any time, in the event of circumstances arising which make it necessary to do so. We may update these terms from time to time and reserves the right to add additional terms and conditions for specific promotional codes as and where necessary. You should review the specific promotional code terms and conditions for each promotional code prior to use.

(i) Promotional codes have no cash value, cannot be transferred and cannot be forwarded or reassigned.

(j) Any refund you may be entitled to receive will not include the redemption value of the promotional code. You will receive no more than the amount you paid towards the final basket price.

(k) These promotional codes are provided and operated by Motorsport Magazine Limited, 16 Rosemont Road, London, England, NW3 6NE with registered company number 05471049

27. New Seller Promotion terms and conditions

(a) We may from time to time introduce promotions relating to new Sellers, and/or the products of those new Sellers, on the Site.

(b) We reserve the right to amend or suspend any new Seller promotion at any time, at our discretion.

(c) If your purchase makes use of any new seller promotion, you shall continue to be bound by these Customer Terms.

28. Buying corporate gifts: special terms and conditions

(a) When you purchase a corporate gift (a “Corporate Gift Purchase”) you agree to be bound by these special terms and conditions that apply to the Corporate Gift Purchase (the “Corporate Gift Purchase Conditions”), together with the Customer Terms and any other applicable terms and conditions relevant to your purchase. If you do not agree to these Corporate Gift Purchase Conditions or the Customer Terms then please do not use the Site or complete a Corporate Gift Purchase. If and to the extent there is a conflict or inconsistency between the Customer Terms and the Corporate Gift Purchases Conditions relating to the Corporate Gift Purchases then the Corporate Gift Purchase Conditions shall prevail to the extent of the conflict or inconsistency.

(b) We reserve the right to vary or update these Corporate Gift Purchase Conditions at any time. You should review the Customer Terms and these Corporate Gift Purchase Conditions periodically for changes and prior to making a Corporate Gift Purchase.

(c) In order to place an order for a Corporate Gift Purchase, you should do so through our customer service team, and over the telephone.

(d) If you make a Corporate Gift Purchase you acknowledge and confirm that you are doing so in your capacity as a business, trade or profession and not as a consumer.

(e) Any discount or promotion that we advertise in connection the Corporate Gift Purchase shall:

i. exclude any delivery costs payable for the goods purchased; and

ii. be subject to the confirmation by you (to our reasonable satisfaction) pursuant to clause 4 of these Corporate Gift Purchase Conditions that you are placing an order in your capacity as a business, trade or profession and not as a consumer.

(f) We may remove or amend any such promotion or discount at any time, at our sole discretion.

(g) Pursuant to clause 28(d) of these Corporate Gift Purchase Conditions above, the rights of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “CCRs”) (including any legislation which succeed the CCRs) and the Customer Terms do not apply to any Corporate Gift Purchase, and such orders are, subject to clause 7 of these Corporate Gift Purchase Conditions, non-cancellable and non-refundable. Individual Sellers may, in their sole discretion, allow cancellation of specific orders.

(h) The exclusions under clause 28(g) of these Corporate Gift Purchase Conditions above do not seek to exclude any rights you may have under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 or any other applicable legislation which may apply to business to business purchases in respect of any Corporate Gift Purchase that you may make.

28th January 2020

Seller T&Cs

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Motor Sport Marketplace Seller Terms & Conditions Show Hide

1. INTRODUCTION

a. These terms and conditions (the “Conditions”) apply between you (the “Seller”) and Motor Sport Magazine Limited (“we”, “us”, “MSM”), in connection with the provision of the Service to you by us.

b. It is important that you read and understand these terms and conditions before agreeing to them.

c. MSM shall be entitled to amend the Conditions, the Charges or all or any of them from time to time by posting such amended versions of them on the MSM Website. The Seller acknowledges that it is its responsibility to check the MSM Website on a regular basis to make and keep itself aware and notified of any changes made by MSM to the Conditions, the Charges or all or any of them. Where reasonably practicable, MSM shall provide not less than thirty (30) days’ written notice to the Seller of any material amendment to the Conditions or the Charges. Notwithstanding the foregoing, MSM reserves the right to make amendments to the Conditions and/or the Charges from time to time without notice, or providing less than ninety days’ notice, to the Seller, where MSM reasonably considers:

i. such changes not to be material; or

ii. that it is otherwise not reasonably practicable to provide thirty (30) days’ written notice.

2. DEFINITIONS AND INTERPRETATION

In these Conditions, the following words shall have the following meanings only and shall not affect the interpretation or construction of the Conditions:

“Application” or “App” means our mobile application service which is available for Customers to download and use only for personal use.

“App Assets” means, for each App, the name, trademarks, logos, icons, product descriptions, App titles, In-App Product names, trade dress, images, screenshots, video trailers, User Generated Content, and other metadata you provide to Microsoft for use in connection with the submission and distribution of your App or In-App Product in connection with the Store.

“Application Form” means the form accessible on the MSM Website to a prospective Seller which must be completed and agreed by the prospective Seller as a part of the application process;

“Cancellable Product” means any Product other than a Non-Cancellable Product;

“Charges” means the charges detailed in clause 15 of these Conditions and notified to you by MSM in writing;

“CMS” means the content management system, included as part of the Service and provided by MSM to each Seller for management of its Storefront and associated transactions;

“Conditions” means these terms and conditions and any document referred to in them, or any amended version of them brought into effect from time to time in accordance with these Conditions;

“Confidential Information” means any information that would be regarded as confidential by a reasonable business person relating to the business, affairs, customers, clients, suppliers, plans, operations, processes, product information, know-how, designs, trade secrets or software of either party;

“Currency Conversion Fee” means the currency conversion fee referred to in clause 15 (charges);

“Customer” means a person(s), firm or company who enters into or is invited to enter into any transaction to purchases Product(s) from the Seller through the Site;

“Customer Feedback” means any and all information provided to us by a Customer via our customer feedback service regarding any goods and/or services provided by the Seller in respect of a particular transaction with that Customer (including in respect of any communications with the Seller), which may include any opinions about the Seller;

“Customer Terms” means the terms and conditions relating to a Customer set out here;

“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended;

“Documentation” means any user guide, information or other material provided by MSM to prospective or existing Sellers, in hard copy or electronic form, relating to the Service;

“Dropship Zone”: area of the MSM website, forming part of the CMS, where Sellers can upload products, prices and descriptions;

“Exclusive” means the sale of a Product on the MSM Website only, and not through any other online or offline channel, including the Seller’s own website (if applicable).

“Gift Voucher Funds” means an amount paid by the Customer to MSM as principle as payment for a gift voucher made available by MSM through the MSM Website;

“IPR” means all the intellectual property rights conferred by the law of any country or jurisdiction in the world (including by statute) as amended or re-enacted (by common law, civil law, equity or otherwise) in relation to any invention, discovery, literary work, dramatic work, musical work, artistic work, copyright, database, trade mark, service mark, design (whether two dimensional or three dimensional), patents, semiconductor topography, confidential information, know-how, trade secret, and in each case whether or not it has been reduced to a material form, and howsoever it may be recorded, stored or embodied (including in an electronic or transient medium), including all applications for such rights as well as all extensions and renewals of such rights;

“Joining Fee” has the meaning ascribed to it in clause 15 (Charges);

“Non-Cancellable Product” has the meaning ascribed to it in paragraph A.vi of Clause 8 (Returns & Refunds)

“MSM” means Motor Sport Magazine Limited a company incorporated and registered in England and Wales with company number 05471049 whose registered office is at 18-20 Rosement Road, London NW3 6NE

“MSM Website” means http://www.motorsportmagazine.com and all its subdomains and r such other worldwide web address that MSM in its sole discretion selects as a replacement;

“Motor Sport” means the trading name of the MSM Website;

“Personal Data” has the meaning given to it in the Data Protection Legislation;

“Personal Data Breach” means a breach of security (caused or contributed to by internal and/or external factors) leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data;

“Policies” means any policy (including any guides relating to content and style) which may be notified, updated and made available to the Seller by MSM through the CMS from time to time;

“Products” means the goods, services or information that Sellers wish to promote and sell through the Site;

“Product Page” means the particular web page on the Seller’s Storefront on which an individual Product is displayed and the relevant information relating to that Product is provided;

“Product Submission Process” means the process for bringing and maintaining any Product on Site, as updated from time to time;

“Re-activation Fee” has the meaning ascribed to it in Clause 15.G of these Conditions;

“Refund Fee” has the meaning ascribed to it in Clause 15.f of these Conditions;

“Renewal Date” means twelve months from the commencement of these Conditions in accordance with Clause 3, or such other period as may be advised by MSM in writing, and each anniversary thereafter;

“Response” means a response by the Seller to any Customer Feedback;

“Returns & Refunds Procedures” means the procedures set out in Clause 8 (Returns and Refunds) of these Conditions or as may be updated by MSM from time to time and displayed within the Customer Terms;

“Seller” means a person whose application to the Site has been accepted by MSM, and who sells its Products through the Site;

“Seller Information” means information, data or content provided by the Seller in any form or medium, whether or not such information is owned by the Seller, contained in the Application Form, uploaded to the Seller’s Storefront or given by the Seller to MSM for whatever purpose, whether directly or on the Seller’s behalf;

“Service” means the Site and other services provided by MSM, as further described in these Conditions;

“Single Commission Fee” has the meaning ascribed to it in Clause 15.d of these Conditions;

“Site” means the online marketplace provided by MSM through the MSM Website to facilitate the promotion and sale of Sellers’ Products;

“Software” means any software installed by or on behalf of MSM that permits Sellers to access and trade through the Site;

“Storefront” means an area of the Site dedicated for use by the Seller to promote itself and its Products;

“Subscription Fee” has the meaning ascribed to it in clause 15.e. (Charges);

“Term” means a period of twelve months, unless another period is agreed in writing by MSM, from either (a) the date when the contract is concluded between MSM and the Seller in accordance with Clause 3.A or (b) a subsequent Renewal Date;

“Upgrade Fee” has the meaning ascribed to it in clause 15 (Charges);

“Value Added Tax” means value added, sales or services tax, or any similar tax imposed in any jurisdiction;

“Virus” means any computer virus, macro virus, trojan horse, worm or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network, or to intercept or access without authority or expropriate any system, information or data;

 “Working Day” means any day other than a Saturday or Sunday on which banks are open for business in London.

The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Conditions.

Words expressed in the singular shall include the plural and vice versa. Words referring to a particular gender include every gender.

References to a person include an individual, company, corporation, firm or partnership.

References to any statute or statutory provision shall include:

i. any subordinate legislation made under it;

ii. any provision which it has modified or re-enacted (whether with or without modification); and

iii. any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

All references in these Conditions to clauses are to the clauses in these Conditions unless otherwise stated.

References to the words “include”, “includes”, “including”, “in particular” or any similar words do not limit the words proceeding or following.

3. TERM AND TERMINATION

a. The term of these Conditions (the “Term”) shall commence after:

i. MSM has received an Application Form from the prospective Seller completed to the satisfaction of MSM; and

ii. MSM has notified the prospective Seller in writing of its acceptance of the Seller’s Application Form. It shall be entirely at the discretion of MSM whether or not to accept a Seller’s Application Form;

iii. and the Joining Fee (if payable in accordance with Clause 15.c.) has been paid by the Seller.

b. Without prejudice to either party’s right to terminate the Conditions under the remainder of this clause 3, these Conditions shall continue in force after the Renewal Date unless and until either party notifies the other in writing at least 30 days prior to the expiry of the current Term.

c. MSM may immediately suspend provision of the Service or terminate the Conditions without liability to MSM by notifying the Seller in writing if:

i. the Seller commits a material breach of the Conditions (including a material breach of any of the Policies) and, if capable of remedy, fails to remedy the breach within fourteen (14) days of a written; notice to do so;

ii. the Seller fails to pay any Charges payable to MSM within [seven] working days of its due date for payment under these Conditions;

iii. the Seller is the subject of a bankruptcy order, or becomes insolvent, or makes any arrangement or composition with or assignment for the benefit of its creditors, or goes into voluntary liquidation (otherwise than for the purposes of reconstruction or amalgamation) or compulsory liquidation, or a receiver or administrator is appointed over its assets, or if the equivalent of any such events under the laws of any relevant jurisdiction occurs to the Seller; or

iv. in MSM’s sole discretion, a Seller’s eligibility or suitability to be listed on the Site, or otherwise receive the Service, changes.

d. Notwithstanding any such termination or suspension in accordance with the foregoing clause:

i. the Seller shall pay MSM all Charges due up to and including the date of suspension or termination; and

ii. termination of this agreement shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force, or the continuance in force, of any provision hereof which is expressly or by implication intended to come into or continue in force after such termination.

4. THE SERVICE PROVIDED BY US

e. Following commencement of the Term, MSM will:

i. provide a password so that the Seller may construct a Dropship Zone and update the Storefront whenever such functions are made available by MSM; and

ii. use reasonable endeavours to provide the Seller with continued access to the Service and restore any faults in the Service as soon as reasonably practicable. The Seller acknowledges that the transmission of information via the internet is not completely secure, there is always a risk that communications by electronic means may not reach their intended destination, or may do so much later than intended, for reasons outside MSM’s control, and that it is technically impossible to provide the Service entirely free of fault at all times.

f. MSM reserves the right to revise or alter the Service at any time. Any variation in the Service will be subject to these Conditions.

g. The Site provides a platform to allow Sellers to offer and sell their Products directly to Customers. In doing so, the Seller authorises and appoints MSM as its commercial agent to directly negotiate and/or conclude the sale and/or purchase of Products between the Seller and Customers via the MSM Services and MSM accepts this appointment on the terms of these Conditions. As part of this process:

i. any contract to sell and buy Products is made only between the Seller and Customer concerned and MSM is not a party to any such contract;

ii. MSM facilitates the negotiation of the sale of Products between Customers and Sellers through the use of the Storefront, CMS and e-mail communication services operated and managed by MSM, together with the MSM Services that contribute to increasing the Seller’s goodwill, promote the Seller’s Products and generally encourage Customers to place orders with Sellers.

iii. Products offered for sale through the MSM Website are neither owned nor come into the possession of MSM at any time.

h. The Seller hereby acknowledges that MSM has sole and complete discretion whether to invite, accept applications from or select prospective Sellers to subscribe to use of the Service.

i. MSM may from time to time introduce a Seller to third parties with whom special terms have been arranged unique to Sellers. Any contract entered into between Sellers and any such third party is concluded directly between the Seller and the third party concerned and, except as expressly set out in these Seller Terms, MSM cannot be involved in the fulfilment or liability for any such contracts.

5. YOUR OBLIGATIONS – WHAT YOU PROMISE

A. TECHNICAL

a. The Seller warrants that:

i. it is incorporated and/or established (whether as a company, partnership, unincorporated association, or sole trader) in the United Kingdom or the Republic of Ireland; and

ii. it has a trading (operating) address in the United Kingdom or the Republic of Ireland.

b. The Seller hereby undertakes to:

i. establish and maintain access to the World Wide Web at their own cost, through use of a computer and modem or other access device;

ii. ensure that at all times all computer hardware and software it uses to access and interoperate with the Site is equipped and functions with up-to-date software (including up-to-date internet browser software) and up-to-date protection against Viruses; and

iii. to ensure that information supplied electronically to MSM and to the MSM Website is accurate, up to date and submitted free from Viruses;

c. MSM has no responsibility for the provision, support and maintenance of any of the Seller’s hardware or software used to provide the Seller with access to the internet or the MSM Website, or any related hardware or software (including any IP router, proxy server, firewall or anti-virus software), the responsibility for which shall remain exclusively with the Seller.

B. SECURITY

a. The Seller:

i. is responsible for the security and proper use of all passwords and similar verification codes or other security devices used in connection with the provision of the Service and access to the Storefront and CMS (which responsibility shall include the obligation to change passwords on a regular basis);

ii. shall take all necessary steps to ensure that passwords and other security devices remain confidential, secure, used properly and not disclosed to unauthorised third parties;

iii. shall inform MSM immediately if there is any reason to believe that a password or any other security device has or is likely to become known to someone not authorised to use it, or is being or is likely to be used in an unauthorised way;

iv. shall inform MSM immediately if the Seller forgets or loses a password and must satisfy such security checks as MSM may operate in order to obtain a new password; and

v. shall ensure that the CMS and its content remains entirely confidential, and that no other person beside those in the Seller’s employment has use, access to or sight of the CMS or any of its content.

b. MSM reserves the right:

i. to suspend access to the Service if at any time MSM considers that there is or is likely to be a breach of security, in which event MSM will notify the Seller of the suspension and any steps to be taken by it as soon as reasonably practicable; and

ii. to require the Seller to change any or all of the passwords used by the Seller in connection with the provision of the Service and access to the Storefront, in which event MSM will notify the Seller of the requirement to change passwords and any further steps to be taken by the Seller as soon as reasonably practicable.

C. YOUR STOREFRONT

a. MSM has absolute discretion as to:

i. the look, feel and content of the MSM Website (including all Storefronts);

ii. the inclusion, positioning, content, location and all other presentation of Seller Information (including in MSM’ sole discretion the right to remove any Seller Information from the MSM Website at any time during the Term); and

iii. the Product set live on the MSM Website (including in MSM’ sole discretion the right to remove any Product from the MSM Website pursuant to one or more of the Policies or otherwise, or not allow a Product to be set live for sale on the MSM Website).

b. The Seller shall at all times comply with all Policies and the Product Submission Process as updated from time to time.

c. The Seller shall activate its Storefront within six (6) months of paying the Joining Fee. A Storefront shall be activated by MSM once the Seller [has notified MSM of its intention to begin trading on the Site. Notifications should be sent to [email protected]   

d. Quality of Presentation:

i. The Seller shall ensure that its Storefront maintains a high standard of presentation and at all times accords with any applicable guidelines and instructions notified to it from time to time by MSM, including in relation to the form and content of copy and product imagery; and

ii. any failure to maintain suitably high standards of page presentation may result in the de-activation of the relevant Product Page(s) in the first instance. MSM reserves the right, in its sole discretion, to de-activate the Seller’s Storefront until standards have been improved.

e. Seller and Product Information

i. The Seller shall ensure that all Seller Information provided about itself and the Products on its Storefront is and remains true, accurate, current and complete;

ii. Without prejudice to the Seller’s obligation to comply with any Policies, the Seller undertakes and agrees that none of its Seller Information nor any of the Seller’s activities or use of the MSM Website (including its use of its Storefront), will:

1) be false, inaccurate or misleading;

2) be offensive, indecent, obscene, pornographic, menacing, abusive or defamatory;

3) be in breach of any applicable law or regulation;

4) adversely affect the reputation of MSM or the MSM brand;

5) create, or be likely to create, liability for MSM or cause MSM to lose (in whole or in part) the services of its internet service or other suppliers;

6) contain any Virus; and

7) cause the Site, the CMS, and/or any part of the Services or their functionality to be interrupted, damaged or impaired in any way.

iii. The Seller shall:

1) where applicable, state clearly on the relevant Product page that a Product is a personalised or specially-made Product, and/or that such Product requires a Customer approval of proof prior to its production by the Seller, and shall display the relevant corresponding delivery times;

2) if a Product is a Non-Cancellable Product, state clearly on the relevant Product page that such product cannot be cancelled by the Customer once the order has been confirmed by the Seller; and

3) display the Seller’s expected delivery times and postage and packing costs on the appropriate areas of the Seller’s Storefront.

iv. The Seller shall not include within its Storefront, on the CMS, any other place on the MSM Website or in any other means of communication with the Customer:

1) any direct or indirect link to other websites including the Seller’s own website;

2) its email address;

3) any advertisement or sponsorship of any kind of any other product, company or third party; or

4) any other means by which a Customer could communicate directly with the Seller, or third party other than through the CMS.

v. Sellers may amend and update information about their Products displayed on the Site and are responsible for designing, creating, managing and amending any bespoke graphics or product images in accordance with the applicable Policies.

f. Stock Information

i. The Seller shall accurately display stock availability for all Products and shall update such stock availability regularly using the ‘out of stock’ and ‘is available’ options on the CMS.

ii. Where new stock for ‘out of stock’ Products is due to be available to the customer within four weeks, it must state on its Storefront the date on which it expects that stock to become available.

iii. Once the final piece of stock of any Product has been sold and will no longer be available, the Seller must, as soon as reasonably practicable, mark that item as discontinued on its Storefront.

iv. The Seller shall remove Products from its Storefront that are awaiting stock for prolonged periods (four weeks or more) until they become available again.

v. If a Customer places an order for an item which is in fact out of stock and has not been displayed as such and the Customer consequently requires a refund, then MSM reserves the right to charge the Seller the Single Commission Fee on that order.

g. Pricing

i. The Seller’s prices must be fully inclusive of all taxes and additional charges. The only exception to this is postage and packing which, if such charges apply in accordance with the MSM ‘Delivery and Fulfilment Policy’, the Seller will display this amount separately.

ii. Where a Product can be tailor made or customised, the Seller shall display the price of customisation options and any relevant pricing structure.

iii. If the Seller is VAT registered, the Seller should set the VAT rate at the level which is currently in force in the UK with respect to the Seller’s Products.

iv. The Seller is solely responsible for ensuring that it fully complies with current VAT regulations and accounting for VAT correctly.

v. The Seller has complete discretion over how it wishes to price its Products.

h. Product listing and categorisation

i. The Seller shall upload its Product range and work cooperatively with the MSM production team so that MSM is able to set the Seller’s Storefront live on the MSM Website within three (3) months of the Seller paying the Joining Fee.

ii. If the Seller fails to comply with Clause 5.C.c., MSM may suspend the Seller’s membership and charge the Seller a Re-activation Fee as detailed in Clause 15.b of these Conditions, or such other amount as may be notified to the Seller from time to time. MSM shall retain sole discretion as to whether to accept a Seller’s request for re-activation.

iii. The Service allows Sellers to offer their Products on the MSM Website as part of an ‘always on’ detailed electronic online catalogue containing categories and sub-categories, so that Sellers may display each Product in the single most appropriate category, and with Product information, pictures and promotions uploaded by them.

iv. The Seller may apply for a Product to be featured in one or more online catalogue categories, and MSM shall retain absolute discretion as to which category is the most appropriate for a given Product.

v. Subject to paragraph 5.C.g.vi.., a Product shall be featured in no more than one category.

vi. MSM may, in its absolute discretion and where relevant and appropriate, select a Product for inclusion in a second category.

vii. The Seller shall ensure that a single Product may appear only once on the Storefront. Variations of a Product such as colour or size do not constitute separate Products and should not be listed as such.

viii. The Seller shall ensure that each of the Seller’s Product listings contains all the information required by a Customer to make a purchase, and that such information is wholly accurate. ‘Dummy’ box filling to circumnavigate required fields is not permitted.

ix. The Seller shall not make use of keyword spamming (the use or placement of inappropriate keywords in a title or description to gain attention or divert users to another page) or similar techniques in Product listings.

x. If a Seller wishes to promote the same Product(s) on the MSM Website as another Seller, it shall be solely the responsibility of the relevant Sellers to resolve between themselves any conflict, whether with regard to IPR or otherwise, that arises in this respect. MSM shall have no liability for any such scenario or any issues arising from it.

D. COMPLIANCE WITH LAWS

a. The Seller shall comply at all times with all applicable laws and regulations including:

i. UK and EU anti-trust and competition laws;

ii. all product safety and product marking laws and regulations, and Trading Standards requirements in respect of the manufacture, packaging, marking, certification (including, without limitation, CE marking) and delivery of the Products it sells;

iii. the Modern Slavery Act 2015; and

iv. the Bribery Act 2010 (“Bribery Act”).

b. In relation to the Seller’s obligations under the UK and EU anti-trust and competition laws, the Seller shall not exchange (or attempt to exchange) any commercially sensitive information, including information on any current or future commercial strategies, costs and/or pricing, with any other Seller.

c. In relation to the Bribery Act, the Seller shall:

i. not engage in any activity, practice or conduct anywhere in the world which would constitute an offence under the Bribery Act if such activity, practice or conduct had been carried out in the UK;

ii. maintain in place throughout the Term (and enforce where appropriate) its own policies and procedures to ensure compliance with the Bribery Act;

iii. promptly report to MSM any request or demand for any undue financial or other advantage of any kind received by it in connection with the performance of these Conditions; and

iv. ensure that it imposes written terms on any sub-contractor connected with the matters arising under these Conditions which are at least equivalent to those imposed on the Seller in this clause.

d. Where required by applicable laws and regulations, appropriate instructions shall be included with the Product to ensure the safe use of the Products.

e. Products promoted on the MSM Website that are perishable or edible, and cosmetics designed for topical application to the skin, may not be delivered to any address outside of the UK.

f. The Seller shall inform MSM as soon as reasonably practicable upon becoming aware of any claim against MSM or the Seller arising out of or in connection with any defect in its Products, or any failure by the Seller to ensure that the Products are appropriately marked or certified in accordance with applicable laws or regulations.

g. The Seller shall indemnify MSM against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by MSM arising out of or in connection with:

i. any breach of the warranties contained in these Conditions;

ii. the Seller’s breach or negligent performance or non-performance of these conditions;

iii. the enforcement of these Conditions;

iv. any claim made against MSM by a third party arising out of or in connection with the provision of the Services and or supply of the Goods, to the extent that such claim arises out of the breach, negligent performance or failure or delay in performance by the Seller;

v. any claim made against MSM by a third party for death, personal injury or damage to property arising out of or in connection with defective Goods, to the extent that the defect in the Goods is attributable to the acts or omissions of the Seller.

h. The Seller shall maintain at all times, at its own expense and with reputable insurers appropriate insurance in relation to its business. The Seller shall, upon written request from MSM, provide MSM with any information it reasonably requires concerning the scope of such insurance together with any relevant certificates of currency.

i. The Seller shall comply with MSM’s reasonable instructions relating to any product recall and in any event MSM reserves the right to take immediate and exclusive conduct of the product recall on notice to the Seller, in which case the Seller shall give such assistance as MSM may reasonably require.

j. The Seller shall maintain appropriate, up to date and accurate records to enable the immediate recall of any Products.

E. SUSPENSION OF SERVICE

a. MSM may immediately suspend or terminate the Seller’s subscription and use of the Service in the event MSM reasonably believes or suspects that any Seller Information does not comply with the provisions of this clause.

6. WHERE YOU MAKE YOUR PRODUCTS AVAILABLE

a. The Seller may sell Products through any channel (outside the Site) except those specified pursuant to the Product Submission Process.

b. Any breach of this Clause 6 shall be deemed to be a material breach of these Conditions and MSM reserves the right to suspend the relevant Product from the Site for such period as the breach continues.

c. If the Seller chooses to mark a Product as “Exclusive” through the Site, that Product shall, for any period during which that Product is marked as “Exclusive”, be available only for purchase on an Exclusive basis, as defined in clause 2 of these Conditions.

7. ORDERS AND YOUR RELATIONSHIP WITH THE CUSTOMER

A. THE CONTRACT OF SALE

a. The Seller acknowledges and agrees that following acceptance of an order through the CMS, such an acceptance is also deemed to be an irrevocable instruction by the Seller to MSM to conclude a contract of sale between the Seller and the Customer. The contract of sale between the Seller and the Customer is concluded when MSM (acting as the commercial agent of the Seller) sends an order confirmation email to the Customer, and MSM has no responsibility for the performance of any such contract.

b. The Seller acknowledges and agrees that the terms and conditions relating to any such contract shall comprise the Customer Terms, the email confirmation relating to the Customer’s order and the applicable details on the relevant Product page. The Seller agrees to be bound by all such provisions.

B. PROCESSING CUSTOMER ORDERS

a. MSM shall notify the Seller by email of any order awaiting acceptance by the Seller. The Seller acknowledges that MSM does not warrant the reliability of email communications and the Seller must check the CMS daily for alerts of new orders.

b. Following receipt of such notification the Seller shall, within a maximum of two (2) Working Days, and as a matter of best practice within twenty four (24) hours, confirm its acceptance or rejection of each and every order, using the CMS, and provide an estimated dispatch date. The Seller shall use its best endeavours to accept every order.

c. Following acceptance of an order through the CMS, the Seller shall:

i. fulfil the Customer order as soon as reasonably practicable;

ii. confirm to the Customer the time and method of dispatch;

iii. dispatch the Customer order to ensure that it reaches the Customer within the timelines advertised on the relevant Product page and/or in accordance with any subsequent correspondence with the Customer;

iv. notify the Customer promptly through the CMS at each of the following stages:

d. receipt of order notification, with an estimated dispatch date;

e. dispatch of an order with an expected delivery date;

f. any enquiries relating to the order, including confirmation of a Customer’s customisation request for applicable Products;

g. receipt of an item that has been returned to the Seller; and

h. processing of an exchange or refund.

i. The Seller shall include with all orders the appropriate MSM co-branded dispatch letter, and such additional documentation or material as may be required and/or provided by MSM.

C. COMMUNICATION WITH CUSTOMERS

a. The Seller shall ensure that any and all correspondence with any Customer shall:

i. be solely for the purposes of processing and/or progressing a Customer order;

ii. be via the CMS or, if that is not possible, then at all times include a reference to motorsportmagazine.com [and/or the relevant MSM order reference number];

iii. not include any reference to the Seller’s own website, email address, other correspondence address or any other promotion of services outside those offered through or by MSM.

b. The obligations under Clause 7.C.i shall include any information or materials included with the dispatch of a Customer’s order. MSM shall make relevant information or materials available to purchase on the CMS to help the Seller to fulfil this obligation.

c. Any breach of these Clauses 7.c.i or 7.c.ii shall constitute a material breach of these Conditions and, further, may constitute a breach of Data Protection Legislation by the Seller.

d. The Seller shall respond to any Customer enquiries or Customer complaints promptly and courteously in the first instance within one Working Day, and shall advise MSM of any escalated unresolved Customer enquiries as soon as reasonably practicable.

8. RETURNS AND REFUNDS

a. Any requests (whether by phone, e-mail, fax or letter) for refunds or returns for any Products provided by the Seller to a Customer shall be dealt with directly between the Seller and the relevant Customer through the CMS.

b. Following receipt of a request for a refund or return by a Customer (directly or via the Cancellation Form), the Seller shall initiate the refund directly in accordance with the Returns & Refunds Procedures, as displayed on the MSM Website from time to time, and using the Seller’s designated CMS.

c. Subject to the provisions of the Returns & Refunds Procedures, MSM shall approve such refund.

d. The Single Commission Fee paid in respect of the refunded Products will be returned to the Seller minus the Refund Fee, which is not refundable under any circumstances.

e. For legal [and security] reasons, the Seller must only process refunds through the CMS and MSM’ current online payment provider in accordance with the instructions as laid out in the Seller’s designated CMS. The Seller shall not issue refunds directly to the Customer by cheque or other means.

f. The Seller shall ensure that returns and refunds to the Customer shall be processed in accordance with the following terms and conditions:

i. by law, the Customer may not cancel, return or obtain a refund in relation to the following Products  (each a ” Non-cancellable Product “), unless such Product is faulty:

1) personalised items that are specifically made to a Customer’s specification (e.g. a custom-made print), except where the Customer has chosen items from pre-determined upgrade options or standard off-the-shelf components. MSM shall determine in its sole discretion as to whether a Product is or is not a personalised item. For the avoidance of doubt, items with hygiene seals are a Cancellable Product unless they are personalised items;

2) perishable items, including food and flowers;

3) audio or video recordings or computer software which a Customer has unsealed;

4) newspapers, periodicals or magazines; and

5) items that by their nature cannot be returned, such as where it is physically impossible to return items or where items cannot be restored to the same physical state as they were supplied (e.g. nylon tights)

ii. subject to paragraphs c., d. and e. of this clause 8, the Seller shall provide Customers with a 28 day period from the receipt of a Cancellable Product in which Customers can cancel their order and return the Product to the Seller and obtain a full refund, including delivery charges;

iii. for the purposes of a monthly gifting Product purchased through a Seller, a Cancellable Product shall be the first of the series of Products sent to the recipient by the Seller;

iv. if the Customer requests a refund for a Cancellable Product then such refund shall be processed by the Seller (or MSM, in line with paragraph 8.f.Viii below) as soon as possible and in any case no later than:

1) 14 days after the day the returned product is received by the Seller; or

2) if earlier, 14 days after the date the Customer provides evidence that they have returned the product to the Seller;

v. if a Customer rejects a Product because it is faulty, the Seller shall follow the relevant provisions of the ‘Returns and Refunds’ policy held on the CMS, as updated from time to time;

vi. the Seller shall provide, in its Storefront, an address in the United Kingdom to which a Customer may return a Cancellable Product;

vii. a Refund Fee will be charged to the Seller by MSM for any item returned and refunded in accordance with the ‘Returns and Refunds’ policy held on the CMS. The Refund Fee is not refundable;

viii. MSM may process a refund for a Product as the Seller’s payment agent to a Customer where:

1) the Seller asks MSM to process such refund to a Customer from funds of the Seller held by MSM, or upon payment of such refund amounts to MSM by the Seller (including the applicable Refund Fee); or

2) in MSM’ opinion, a Seller has not acted in accordance with the Returns & Refunds Procedures or the Conditions, in which case MSM shall be reimbursed from funds of the Seller held by MSM or the Seller shall be obliged to reimburse MSM for such refund (including the applicable Refund Fee).

9. DELIVERY AND FULFILMENT

The Seller shall at all times comply with the MSM ‘Delivery and Fulfilment Policy’ held on the CMS. Delivery charges will be calculated and presented to a Customer in accordance with the MSM ‘Delivery and Fulfilment Policy’.

10. YOUR USE OF THE CMS

a. The Seller shall not:

ii. use the CMS or MSM Website beyond the scope of use set out in these Conditions;

iii. access the CMS unlawfully, modify or make derivative works based on the CMS nor attempt to reverse engineer or access the CMS with the intention of creating a competitive product or service nor to copy or build any concepts, features, functions or graphics based on the CMS. The Seller acknowledges that damages may not provide an adequate remedy for breach of this clause and that MSM shall be entitled to seek injunctive relief to prevent the occurrence or continuance of any alleged breach of this clause.

b. The Seller fully acknowledges that the IPR in the CMS are vested exclusively in MSM and nothing in the Conditions shall be deemed to transfer or vest any rights in the CMS in the Seller.

11. YOUR BEHAVIOUR AND CONDUCT

The Seller shall conduct itself at all times in its relations with MSM and MSM’ staff, Customers and other Sellers strictly in accordance with a guiding principle of respect and mutual cooperation. In no circumstances will any impolite or abusive communications via any channel be tolerated and MSM reserves the right to immediately suspend a Seller’s Storefront and/or terminate the Conditions in the event of any breach by the Seller of this clause.

12. INTELLECTUAL PROPERTY RIGHTS

A. MSM’ IPR

a. The Seller recognises that the IPR in the MSM name, logo or branding are owned entirely by MSM, and agrees that it may only use the MSM name, logo or branding on any promotional material, packaging or elsewhere, whether in hard or electronic format, in accordance with these Conditions or with the prior written consent of MSM.

b. All IPR in the Service and in any Software and/or Documentation are and will remain the absolute property of MSM or its licensors as appropriate.

c. Any IPR created by MSM in the course of the performance of these Conditions or otherwise in the provision of the Service shall remain the property of MSM.

d. MSM hereby grants to the Seller a non-exclusive, non-transferable revocable and limited licence for the duration of the Conditions only to use any Software or Documentation for the sole purpose of accessing and using the Service. Subject thereto, nothing in the Conditions shall be deemed to have given the Seller a licence or any other right to use any of MSM’ IPR.

e. Where photographs or images of the Seller’s Products are produced by MSM or its agents, any such images may not be used by the Seller for any purpose other than for display on the MSM Website or in printed material produced by MSM. MSM reserves the right to charge the Seller a licence fee in respect of any use of such photographs or images in contravention of this clause.

f. The Seller may not bid on the MSM Website name, MSM brand or brand name, or variations of them, on Google or any other search engines.

B. IPR IN AND RELATING TO YOUR PRODUCTS

a. The Seller warrants that:

i. it is the legal beneficial owner of all of the IPR in and relating to the Products (which includes the data and information, including Seller Information, relating to such Products), photographs, logos, images and copy that it provides or uploads to MSM, and/or that it possesses a valid licence to use any and all such IPR; and

ii. the making of Products available for sale on the Site, and consequent use of the Seller’s IPR by MSM as referred to in Clause 12.B.b. will not infringe any IPR owned by any third party, and there is and will be no claim against MSM by any third party arising in relation to the use of such IPR;

iii. all items offered for sale by the Seller are not replica or design copies of any other brand, designer or manufacturer.

b. The Seller permits MSM to access and use any content that appears on the Seller’s Storefront or in any other promotional material in MSM’s own editorial content or promotional activity relating to the Seller, its business and Products.

c. The Seller shall indemnify and hold MSM harmless against any and all damages, liabilities, costs, penalties, expenses and/or losses arising out of or relating to any breach of Clause 12.B.i in respect of any claim or action that the normal operation, possession or use of those IPR by MSM infringes a third party’s rights (“IPR Infringement Claim “).

d. In the event of an IPR Infringement Claim the Seller shall forthwith make without charge to MSM such alterations, modifications or adjustments to the IPR as shall be necessary to make them non-infringing.

e. MSM shall notify the Seller as soon as reasonably practicable if it becomes aware of any IPR Infringement Claim by a third party.

f. MSM shall be entitled to take sole conduct of the defence to any claim or action in respect of any IPR Infringement Claim and may settle or compromise such claim or action at is sole discretion. The Seller shall give MSM such assistance as it shall reasonably require in respect of the conduct of the said defence including, without prejudice to the generality of the foregoing, the filing of all pleadings and other court process and the provision of all relevant documents.

g. At the request of MSM, the Seller shall take the conduct of the defence to any claim or action in respect of any IPR Infringement Claim. The Seller shall not at any time admit liability or otherwise settle or compromise, or attempt to settle or compromise, such claim or action except upon the express written instructions of MSM, such instructions not to be unreasonably withheld or delayed.

C. USE OF YOUR INFORMATION

a. The Seller grants to MSM a non-exclusive, perpetual, irrevocable, royalty-free and worldwide licence to use, license, disclose and distribute any information (including Seller Information), data, comments or images provided by the Seller to MSM for any purpose (including disclosing information to third party service providers so that they can contact you directly about their products and/or services). The Seller hereby waives their rights to be acknowledged as the author of their Seller Information and to object to the use, in whatever form, of their Seller Information by MSM.

D. SURVIVAL OF TERMINATION

This Clause 12 shall survive termination or expiry of these Conditions howsoever arising.

13. DATA PROTECTION

The information that you provide to MSM will be handled in accordance with MSM’s Privacy Policy.

a. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 13 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

b. The parties acknowledge that for the purposes of the Data Protection Legislation, MSM is the data controller and the Seller is the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). The Seller shall process such Personal Data relating to a Customer as may be shared with the Seller via the CMS when such Customer purchases a Product from the Seller through the MSM Website. The Seller shall carry out processing of Personal Data of such Customer solely to the extent, and for such period, as is necessary for the purposes of fulfilling the relevant order of the Product by the Customer.

c. Without prejudice to the generality of clause 13.a, MSM will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to the Seller for the duration and purposes of these Conditions.

d. Without prejudice to the generality of clause 13.a, the Seller shall, in relation to any Personal Data processed in connection with the performance by the Seller of its obligations under these Conditions:

i. process that Personal Data only on the written instructions of MSM unless the Seller is required by the laws of any member of the European Union or by the laws of the European Union applicable to the Seller to process Personal Data (Applicable Laws). Where the Seller is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, the Seller shall promptly notify MSM of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Seller from so notifying MSM;

ii. ensure that it has in place appropriate technical and organisational measures, reviewed and approved by MSM, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

iii. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;

iv. not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the Customer has been obtained and the following conditions are fulfilled:

1. MSM or the Seller has provided appropriate safeguards in relation to the transfer;

2. the data subject has enforceable rights and effective legal remedies;

3. the Seller complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and

4. the Seller complies with reasonable instructions notified to it in advance by MSM with respect to the processing of the Personal Data;

v. assist MSM, at MSM’ cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

vi. on becoming aware of any Personal Data Breach the Seller shall:

1. notify MSM without undue delay, and in any event such notification shall occur no later than 72 hours from the Seller establishing that a Personal Data Breach has occurred;

2. provide timely information relating to the Personal Data Breach as it becomes known or as is reasonably requested by MSM; and

3. follow MSM’ reasonable instructions to promptly take reasonable steps to contain, investigate and mitigate any Personal Data Breach;

vii. at the written direction of MSM, delete or return Personal Data and copies thereof to the Customer on termination of these Conditions unless required by Applicable Law to store the Personal Data; and

viii. maintain complete and accurate records and information to demonstrate its compliance with this clause 13 and allow for audits by MSM or MSM’ designated auditor.

e. MSM consents to the Seller appointing such third-party processors of Personal Data as are required by the Seller to fulfil its obligations under these Conditions. The Provider confirms that it has entered or (as the case may be) will enter with the third-party processor into a written agreement substantially on that third party’s standard terms of business, provided that such standard terms include terms which are substantially similar to those set out in this clause 13. As between MSM and the Seller, the Seller shall remain fully liable for all acts or omissions of any third-party processor appointed by it pursuant to this clause 13, and the Seller shall promptly provide to MSM a list of all such sub-processors upon MSM written request.

f. The Seller shall indemnify and hold harmless MSM against any and all liabilities, costs, expenses, fines, damages and losses (including any direct, indirect or consequential losses) it incurs in connection with any claim arising out of or in connection with, or otherwise envisaged under, this Clause 13 or paid or agreed to be paid by MSM in settlement of the claim and all legal or other expenses incurred by MSM in or about the defence or settlement of the claim. MSM shall notify the Seller in writing as soon as practicable after becoming aware of the claim.

g. This Clause 13 shall survive termination or expiry of these Conditions howsoever arising.

14. MARKETING AND PROMOTIONS

a. From time to time MSM may run promotions on all or part of the MSM Website. Any such promotions shall be separate, and in addition to, any promotions operated by Sellers in their Storefronts, and may involve offering Customers either free delivery, discounted prices or other promotional activity relating to some or all Products on the MSM Website. MSM shall, where relevant and applicable to the Seller and/or its Products, inform the Seller of the nature and terms of any promotion and, at MSM’ sole discretion:

i. MSM shall bear the costs of any such promotion; or

ii. where MSM requires the Seller to bear the costs of any promotion, the Seller shall inform MSM in writing whether or not it wishes to participate in the relevant promotion.

b. The Seller shall permit, comply and co-operate with all activities undertaken by MSM to promote, sell or market the Seller’s Products, in such form and manner as MSM in its sole discretion deems appropriate, whether directly through the Site or the MSM Website, through any offline publications produced by MSM, or through websites or offline publications not produced, owned or operated by MSM.

15. CHARGES

A. GENERAL

a. The Seller shall pay any and all Charges in accordance with these Conditions.

b. The relevant Charges shall be as notified to the Seller and updated by MSM from time to time in accordance with these Conditions.

c. Unless specified otherwise, all Charges are subject to VAT or other similar taxes or levies, all of which amounts the Seller shall pay, where appropriate, at the rate prevailing at the relevant tax point, and in addition to the Charges themselves.

d. The Seller shall make all payments to MSM due under the Conditions without any deduction whether by way of set-off, withholding, counterclaim, discount, abatement or otherwise.

e. If any sum due from the Seller to MSM under these Conditions is not paid on or before the due date for payment, then all sums then owing by the Seller to MSM shall become due and payable immediately and, without prejudice to any other right or remedy available to MSM, MSM shall be entitled to:

i. cancel or suspend its performance of the Conditions or any order, including suspending provision of the Service, until arrangements as to payment or credit have been established which are satisfactory to MSM;

ii. charge the Seller the cost of obtaining judgment or payment, to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure; and

iii. where the Seller has multiple Storefronts with MSM, offset the sums due from the Seller to MSM against payments due by MSM to the Seller in relation to those other Storefronts, pursuant to clause 15.I.a.

B. BREAKDOWN OF THE CHARGES

a. The Charges comprise, as relevant and applicable:

b. the Joining Fee;

c. the Upgrade Fee;

d. the Single Commission Fee;

e. the Subscription Fee;

f. the Refund Fee;

g. the Re-activation Fee; and

h. the Currency Conversion Fee.

C. JOINING FEE

a. The Joining Fee (if payable in accordance with this Clause 15.C.) is a non-refundable fee.

b. The amount of the Joining Fee shall be as agreed between the Seller and MSM in writing at the time of inviting the Seller to participate in the Site.

D. SINGLE COMMISSION FEE

a. The Single Commission Fee payable by the Seller shall be as notified to the Seller by MSM in writing at the time of inviting the Seller to participate in the Site, or as may be amended in accordance with this Clause 15.D and/or Clause 1.c of these Conditions.

b. A Single Commission Fee is payable by the Seller on the value of the total amount payable by a Customer in relation to a Product sold through the MSM Website by the Seller. The Single Commission Fee is calculated as a percentage of the value of a Product, including the delivery charges applying to that Product.

c. If applicable, the Single Commission Fee may be reduced from time to time by payment by the Seller of an Upgrade Fee and by agreement with MSM in writing, subject to the availability of any such reduction, as notified to the Seller via the CMS from time to time.

d. The Upgrade Fee payable for the purposes of any such reduction shall be the Upgrade Fee applicable at the time at which the Seller elects to reduce the Single Commission Fee, in accordance with the rates notified to the Seller via the CMS from time to time.

e. The Upgrade Fee is a non-refundable fee. Any applicable reduction in the Single Commission Fee payable by the Seller shall be effective following confirmation of receipt by MSM of the applicable Upgrade Fee.

f. MSM will refund monies paid and received by them in respect of sold Products that are subsequently returned by the Customer and authorised for refund by the Seller using the designated CMS.

E. SUBSCRIPTION FEES

a. MSM reserves the right to charge the Seller a monthly or annual Subscription Fee upon providing the Seller with 30 days’ written notice.

F. REFUND FEES

a. The Seller shall pay a Refund Fee to MSM where the price paid for a Product sold through the MSM Website is refunded to the Customer. The Refund Fee is not refundable under any circumstances.

b. The Refund Fee is 2.5% of the total amount refunded, or such other amount as may be notified to the Seller by MSM from time to time.

G. RE-ACTIVATION FEES

a. If the Seller:

b. terminates its membership and notifies MSM at a later date that it would like to re-activate its membership with MSM; or

c. fails to activate its Storefront within six (6) months of the Seller paying the Joining Fee, in accordance with Clause 5.C.c., the Seller’s re-activation application shall be assessed by MSM, in accordance with MSM’ acceptance criteria, as applicable at the time of the Seller’s initial application or at the time of the relevant re-activation application, whichever MSM considers to be more appropriate.

d. MSM retains entire discretion whether to accept the Seller’s re-activation application and, should MSM accept the Seller’s request, a Re-activation Fee will be charged by MSM to facilitate the re-activation.

H. CURRENCY CONVERSION FEE

a. If MSM’s payment to the Seller as set out in clause 15.I.a below involves a currency conversion, it will be completed at a foreign exchange rate determined by a financial institution, which is adjusted regularly based on market conditions and which may be applied immediately and without notice to the Seller. This exchange rate includes a processing fee expressed as 2% above the wholesale exchange rate at which MSM obtains foreign currency, and the processing fee is retained by MSM.

b. The applicable foreign exchange rate is accessible to the Seller at any time via the CMS and MSM suggests that its Sellers check the CMS to keep updated of the exchange rate applicable at any given time.

I. HOW PAYMENT IS MADE TO YOU

a. As part of the Seller’s appointment of MSM as its commercial agent (as set out in clause 4C of these Conditions), the Seller agrees that MSM also acts as the Seller’s exclusive agent for the purpose of accepting, refunding and/or otherwise processing payment(s) related to the sale of Product(s) by the Seller via the Site (or any other sales channel which MSM may offer to the Seller from time to time). In respect of MSM gift vouchers, this paragraph is modified by clause 15.I.e.

b. The Seller and MSM acknowledge and agree that except as otherwise provided in these Conditions (and in acknowledgement that both parties are businesses), that the duties of an agent implied under the common law are expressly excluded. For the avoidance of doubt, MSM, acting as the Seller’s commercial agent, is neither the buyer nor the seller of the Product(s) and is not a party to the contract of sale of Product(s) between the Seller and the Customer.

c. Payments for Product(s) will be made directly by a Customer to MSM (acting as commercial agent of the applicable Seller), following the Seller confirming its acceptance of the order to MSM using the Seller CMS and the relevant transaction being recorded on the Seller’s designated CMS. The Seller must check the CMS daily for alert of new orders. The Seller agrees that the Customer’s obligation to pay the Seller for Product(s) is satisfied when the Customer validly pays MSM for the applicable Product(s), or where pursuant to paragraph (v), following a request by a Customer to redeem a gift voucher, MSM applies its Gift Voucher Funds against the purchase price. The Seller further agrees that it will not seek recourse (legal or otherwise) against a Customer or any third party (including, but not limited to any payment service provider or gateway) for payment of a Product if the Customer has validly paid MSM in the manner referred to in this clause or MSM has credited funds to the Seller in recognition of a voucher pursuant to clause 15.I.e.

d. Payment for Product(s) by Customers through the MSM Website will be through payment methods made available from time to time, using MSM’s current online payment processing system.

e. MSM may offer gift vouchers to Customers that are available for redemption against MSM (whether by the original Customer purchaser or their nominated Customer beneficiary). The Seller acknowledges and agrees that:

i. any purchase and redemption of a MSM gift voucher is as between the Customer and MSM;

ii. the Seller does not accept any gift vouchers as a means of payment or value; and

iii. where MSM accepts redemption of a gift voucher it does so as principal and not as the agent of the Seller.

f. If a Customer redeems a gift voucher, MSM will then apply an equivalent sum to the relevant purchase from its Gift Voucher Funds in settlement of the amount due to the Seller. Any shortfall shall be paid for by the Customer using MSM’s current online payment processing system.

g. MSM shall pay the Seller for the relevant transaction less the Single Commission Fee weekly, 30 days in arrears following acceptance of an order by the Seller through the CMS. Unless otherwise agreed by MSM and the Seller, any payments made by MSM to the Seller will be in the domestic currency of the region where the Seller’s bank account nominated to receive such payments is held and which may also be subject to the Currency Conversion Fee.

h. From time to time MSM may retain a portion of the payment due to the Seller in order to provide for refunds due or expected to be due to a Customer in the ensuing period. Each such retention will be held for no longer than eight weeks before being repaid to the Seller.

i. The Seller shall provide such of their banking details as are required or requested by MSM, in order that payment may be processed to the Seller in respect of any Products sold.

j. The Seller shall ensure the banking details referred to in Clause 15.I.g. are kept up-to-date, and shall notify MSM of any changes on the next Working Day following a change. The Seller shall be responsible for paying any banking charges or other administrative expenses incurred by MSM as a result of any inaccuracies in any such information.

16. CONFIDENTIALITY

a. The parties agree that they shall keep in confidence any Confidential Information and, except in accordance with these Conditions, will not disclose that Confidential Information to any person (other than their employees, professional advisers or suppliers who need to know the information) without the written consent of the other party. For the avoidance of doubt, the Seller authorises MSM (including its employees, agents and contractors) to hold and process Seller Information.

b. The obligations of confidentiality under the Conditions shall not extend to any matter which either party can show:

ii. is in or has become part of the public domain, other than through a breach of the Conditions or other confidentiality obligations;

iii. was lawfully in the possession of the recipient before the disclosure under the Conditions took place;

iv. was independently disclosed to it by a third party entitled to disclose the same;

v. was disclosed in accordance with Clause 12.C.a; or

vi. is required to be disclosed under any applicable law, or by order of a court or governmental body, or by authority of competent jurisdiction.

c. The obligations of confidentiality under the Conditions shall remain in effect for two (2) years after the termination or expiry of the Conditions, howsoever arising.

17. EXCLUSION AND LIMITATION OF LIABILITY

a. Nothing in these Conditions excludes or limits the liability of MSM for death or personal injury caused by MSM’s negligence, for fraudulent misrepresentation, or any other liability that cannot be excluded by law.

b. Subject to Clause 17.a, MSM’ total liability in contract, tort (including negligence) or breach of statutory duty, misrepresentation or otherwise, arising in connection with the provision of the Service and performance or contemplated performance of the Conditions, shall be limited in aggregate to a maximum of £10,000.

c. Subject to Clause 17.a, MSM shall not be liable to the Seller for any loss of profit or other economic loss (direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) or loss or damage (contractual, tortious, breach of statutory duty or otherwise) that arises out of or in connection with the Conditions, or for any liability incurred by the Seller to a Customer, or to any other person howsoever, arising from the provision of the Service or otherwise.

18. GENERAL

a. The Seller shall not be entitled to assign, charge, subcontract or transfer these Conditions or any part of it without the prior written consent of MSM. For example, and this does not in any way constitute an exhaustive list, if the Seller wishes to subcontract its obligations under these Conditions to a third party service provider, or the Seller wishes to sell all or part of its assets to a third party, the prior written consent of MSM shall be required in order to do so.

b. MSM may assign, charge, subcontract or transfer these Conditions or any part of it to any person.

c. Except with respect to the persons referred to in clause 12.C.a., no term of these Conditions shall be enforceable by any third party (which includes for these purposes any third party: employee, officer, agent, representative or sub-contractor or either MSM or the Seller) under the Contracts (Rights of Third Parties) Act 1999 or otherwise. Nothing in this clause excludes the rights of MSM when acting as payment agent of any seller.

d. MSM reserves the right to suspend or to cancel these Conditions in whole or in part (without liability to MSM) if it is prevented from or delayed in the carrying on of its business and its obligations under these Conditions due to circumstances beyond its reasonable control, including acts of God, fire, flood, lightning, severe weather conditions, war, revolution, acts of terrorism, IT or internet outage, industrial disputes (whether of its own employees or others) or acts of local or central government (including the imposition of legal or regulatory restrictions). If any such event beyond the reasonable control of MSM continues for a continuous period of more than 30 days, either party shall be entitled to give notice in writing to the other to terminate these Conditions.

e. A waiver by either party of any breach of these Conditions, or delay in enforcing any breach, shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

f. If at any time any one or more of these Conditions (or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable, for any reason under any applicable law, the same shall be deemed omitted from these Conditions and the validity and/or enforceability of the remaining provisions of these Conditions shall not in any way be affected or impaired as a result of that omission.

g. Notices given under these Conditions must be in writing and may be delivered by hand or by courier, or sent by prepaid first class or registered mail to, in the case of MSM, to its registered address, or any alternative address notified by MSM to the Seller in accordance with this provision; and, in the case of the Seller, to the address which it provides on the CMS, or any alternative address notified by it to MSM in accordance with this provision.

h. Notices may be validly served by email provided that, to be effective, such email is sent to the email address most recently provided by the addressee to the sender of the relevant notice.

i. Except as set out in clauses 4.C and 15.I, the relationship of MSM (and its employees) to the Seller will be that of independent commercial agent and nothing in the Conditions shall render MSM (nor its personnel) as an employee, worker, any other form of agent, or partner of the Seller or Customer. Subject to any express provision in these Conditions to the contrary or at MSM’s reasonable discretion, neither party shall have any right or authority to, and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on behalf of the other party or bind the party in any way.

j. These  Conditions, and any documents referred to in it, constitutes the entire agreement between the parties and supersedes and extinguishes all previous drafts, arrangements, understandings or agreements between them, whether written or oral, relating to the subject matter of these Conditions.

k. Each party acknowledges that in entering into these Conditions it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Conditions. Each party agrees that its only liability in respect of those representations and warranties that are set out in these Conditions (whether made innocently or negligently) shall be for breach of contract.

l. Nothing in this clause shall limit or exclude any liability for fraud.

m. These Conditions and any non-contractual obligations relating to or arising under these Conditions shall be governed by English law, and the parties irrevocably submit to the exclusive jurisdiction of the English courts in respect of any dispute relating to or arising under it.

28th January 2020

Events Policy

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Motor Sport Magazine Ltd Events Policy Show Hide

Welcome to the Events Policy of Motor Sport Magazine Limited (referred to in this Events Policy as “MSM”, “we”, “us” or “our”).

This Events Policy is subject to, and should be read alongside, our General Terms & Conditions.

We operate an online platform where you can purchase primary tickets to events which are hosted by MSM, or our partners or third parties who host events in conjunction with MSM (“Event Partners”).

You should read this Events Policy carefully before you purchase any tickets.

1.The term “Ticket(s)” means primary event tickets (i.e., tickets issued by us or allocated to us directly by Event Partners for sale by us.

2. Tickets can be purchased by you, subject to their availability.

3. Tickets cannot be exchanged or resold at a price higher than the face value printed upon them and must not be resold for commercial gain whether to ticket retailers, agents, web companies, ticket touts or otherwise.

4. You may not resell or transfer your Tickets if prohibited by law. In addition, Event Partners may restrict or prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions or prohibition imposed by an Event Partner is grounds for seizure or cancellation of that Ticket.

5. In order to make a purchase from us, you must be 18 years old or more and able to enter into a legally binding contract. If you are purchasing online, you must also have a MSM online account and a valid credit or debit card issued in your name.

6. Any purchase from us forms a legally binding contract that is subject to:

(a) this Events Policy;

(b) any special terms and conditions stated to be applicable to an event;

(c) other terms and conditions of the Event Partner(s) and/or event; and
any venue terms and conditions (including conditions of entry).

7. Your contract for purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have purchased Tickets.

8. By purchasing one or more Tickets from us, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Events Policy. If you do not agree with this Events Policy or any other applicable terms and conditions, or if you cannot comply with any of them, then you must not make a purchase.

9. We reserve the right from time to time to make changes to this Events Policy. Where we make any such changes, we shall post the updated version of this Events Policy on our website. Therefore, we recommend you check this Events Policy regularly to stay informed of current terms and conditions. All Ticket purchases are subject to the applicable version of this Events Policy that was published at the time of purchase. If you do not agree with any revised version of this Events Policy, or if you cannot comply with it, then you must not make a purchase.

10. All prices for Tickets offered for sale from us are inclusive of VAT and are broken down as follows:

(a) sale price of the Ticket (“Sale Price”)[;plus

(b) any per-Ticket service or facility charges (“Service Charge”); plus

(c) any per-order handling and/or delivery fees (“Order Processing Fees”).]

11. Travel to and from the event venue and other costs not included in the ticket price are the responsibility of the person attending the applicable event.

12. Please ensure that you read the full event description and ticket details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.

13. A full payment for a Ticket purchase is required to complete a booking.

14. All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full.  In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent.  We accept no responsibility or liability for such cancellations, as these are outside our control.

15. Tickets will be assigned on a first come first served basis only.

16. If you have requested a physical Ticket with your purchase and /or the event requires the possession of a physical Ticket, we aim to dispatch your Ticket(s) as soon as possible. We are unable to provide details of the exact dates of dispatch and/or delivery times, as these arrangements depend on several factors, including when we are in possession of the ticket stock used for a particular event. For some events, we receive ticket stock from our Event Partners very close to the event date.

17. If you have opted for, or your event only requires an electronic ticket, you will receive your Ticket(s) in electronic format to the email address that you provide at the time of purchase shortly after your purchase has been completed and confirmed by MSM.

18. Please allow as much time as possible for your Tickets to arrive. If your Tickets have not arrived by [5] days before the event, or if you receive a notification of a failed delivery at any time, you should contact us at [email protected] or telephone us on +44 207 3498484 or USA toll free 1-866-808-5228.

19. MSM shall not be liable for, and you will not be entitled to any refund where delivery is refused, returned, missed, unclaimed or fails as a result of your failure to provide correct and complete delivery information and/or failure to ensure you are available to receive delivery of Tickets (whether physically or via email, as applicable).

20. MSM or the Event Partner will not be responsible for any Tickets that are lost, stolen, damaged or destroyed following delivery or collection by you.  Furthermore, we strongly recommend that you do not post pictures or details of your Tickets online as this may allow third parties to counterfeit your Tickets or otherwise compromise the integrity of the Tickets and we will not be liable if you are refused entry to the event as a result.

21. MSM reserve the right to replace Tickets that are lost, stolen, damaged or destroyed. However, you acknowledge that it may not be possible to replace lost, stolen, damaged or destroyed Tickets where policies set by an Event Partner prohibit us from issuing replacement tickets.

22. MSM and/or its Event Partner(s) reserve the right at any time to cancel, modify, reschedule or supersede the event or any aspect of the event, including guest speakers, if, in their sole discretion, the event is not capable of being conducted as specified.

23. Wherever possible, changes will be publicised prior to the event on the event page on the MSM website and we will use reasonable endeavours to notify you with the relevant information.

24. If an event for which you have purchased Tickets is cancelled (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Ticket(s). If an event is rescheduled or rearranged, you will be offered the relevant alternative tickets. If you are unable to attend the rescheduled event, you will be offered a refund for the Ticket Sale Price subject to you notifying us that you are unable to attend the rescheduled event.

25. Refunds will be issued to the original method of payment used for the initial purchase.

26. You represent and warrant that the information that you submit to us in relation to your account and in your use of the Ticket purchasing services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are aged 18 years or over and can enter into legally binding contracts.

27. You represent and warrant that in using our website and making a purchase through it, you shall comply with all applicable laws and regulations, along with the terms of this Events Policy and any other applicable terms and conditions.

28. You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties”) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Events Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.

29. To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partner):

(a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;

(b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our negligence); or

(c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Events Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.

30. We are not responsible for the actions or failures of any event venue, performer, promoter or other Event Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests under your booking, attending an event.

31. If you require any assistance at an event or wish to obtain information regarding the facilities at an event venue, then please email [email protected]

32. The information, including any personal information, which you provide to us as part of your online account registration and any Ticket purchase will be used and held in accordance with our Privacy Policy.

 

Updated on 28th January 2020

Returns Policy

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Motor Sport Magazine Ltd Returns Policy Show Hide

This is the Returns Policy of Motor Sport Magazine Limited (referred to in this Returns Policy as “MSM”, “we”, “us” or “our”).

This Returns Policy is subject to, and should be read alongside, our Customer Terms.

  • For cancellable items, you have 14 days from the day you receive the item to notify the Seller if you want to return or exchange the item. You will have a further 14 days to send the item back to the Seller. The return period will expire 28 days from the day on which you receive the goods you have ordered.
  • Below you will find a guide to help you see what items are cancellable and what items are not cancellable. We recommend however that you carefully check the description on the item page to confirm if any particular item is cancellable before placing your order.

How to cancel your order, or return or exchange an item

1. Contact the Seller to let them know that you wish to cancel your order, or return or exchange an item by either:

(a) outlining this to the Seller directly by signing in to your account, clicking ‘my account’ at the top of the page, clicking ‘my orders’ within this menu, picking the order you want to return and then clicking on ‘contact the Seller’ where you can upload this information and provide any further relevant details to the Seller; OR

(b) asking us to do this on your behalf. Please note that this will naturally add a delay to the process with the extra step involved.

2. If you have already received the item, please package the item up and send it back to the Seller within 14 days of letting [us, or] the Seller know, that you want to cancel your order and return the item.

3. As you remain responsible for the item until it arrives back to the Seller, we recommend you use a signed-for delivery service and retain the proof of postage. Please note that you will have to bear the direct cost of returning the item.

4. As the Seller’s payment agent, we will process the refund and return the cost of the item directly to the original payment method, within no more than:

(a) 14 days after the day the item is received by the Seller; or

(b) if earlier, 14 days after the date you provide evidence that you have returned the item to the Seller; or

(c) if there were no goods supplied, 14 days after the day on which you informed the Seller [or us] (via Step 1 above) about your decision to cancel your order.

5. If you wish to amend your order, please contact the Seller directly as soon as possible after your order has been made. Neither MSM or the Seller guarantees that an order can be amended once the order has been confirmed. The Seller will not be able to amend any orders which have already been processed and/or shipped to you.

6. Please do not alter, destroy or throw away any item included in your delivery or any external packaging, even if it is faulty, before you have spoken to the Seller and agreed that doing so will not affect any refund you may be entitled to.

7. Please note that you are liable for any diminished value of an item resulting from the handling of the item in any way other than what is necessary to establish the nature, characteristics and functioning of the item while you are responsible for it (this includes, in the context of a return, when the item is in transit back to the Seller and, if lost, its replacement value).

8. Please note that if you request us to begin the performance of a service during the above cancellation period, you will be liable to pay for the service you received prior to your communication to us or the Seller that you intend to cancel the contract. This may apply to you if you have purchased an experience with us.

9. To give you peace of mind when ordering, we endeavour to ensure that all Sellers comply with our returns policy. If you have any further questions, please get in touch with our customer service team.

Gift Cards

10. Gift Cards cannot be returned or refunded, except in accordance with your legal rights. Gift Cards cannot be exchanged for cash or transferred for value. Please see our Customer Terms for more information on the use of Gift Cards.

Items that cannot be returned (non-cancellable and non-refundable)

11. There are some items which are non-cancellable and/or non-refundable and therefore cannot be returned once an order has been confirmed. These are:

  • Items that have been customised, personalised or made to your specific requirement which is outside of the standard options offered by the Seller, or items which otherwise cannot be resold due to a bespoke element;
  • Perishable items (e.g., food, confectionary, flowers, etc.);
  • Items that are specially commissioned by you when you place an order (e.g., art, sculptures ceramics, prints, etc.); and
  • Personal items such as earrings or items where a hygiene strip or seal has been removed (e.g., swimwear and underwear or cosmetic items).

We advise that you to check whether an item is cancellable or non-cancellable/non-refundable before placing your order.

Update on 28th January 2020