Terms and conditions of use
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. If you are not 18 years of age, please cease using this Website immediately.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Hitsub Limited (registered in England and Wales under company number 10396285 with registered office address 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, United Kingdom) trading as Rushsync, the owner and provider of this Website ("Rushsync", "we" or "us").
Please read these terms and conditions carefully , as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon whenever you make use of the Website. We recommend that you print a copy of these terms for future reference and you must ensure you check back on this page of the Website regularly to ensure you are aware of any and all changes to these terms which we may make from time to time.
If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users or you means any third party that accesses the Website and is not either (i) employed by Rushsync and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to or on behalf of Rushsync and accessing the Website in connection with the provision of such services.
Intellectual property and acceptable use
- All Content included on the Website, is the property of Rushsync, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without our prior written permission.
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- subscribe to the Content using a personal calendar application as contemplated herein.
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content or any part thereof without the written permission of Rushsync.
- Please note that this Website is an independent website owned and operated by Rushsync. It is not affiliated in any way with any other website, trademark or branding owned or operated by the providers of any motorsport events or promotions referred to on this Website.
- References to trade names of third parties are included on this Website for reference purposes only in relation to the relevant motorsport events owned and/or operated by or on behalf of those third parties. No affiliation, association or other link to or with the same is intended by such references and nor shall any be implied in any way. All goodwill in and to such trade names remains vested in such third parties at all times.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to or which may disable, overburden, impair or harm the Website or any of our servers, networks, computer systems or resources or which interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, whether in respect of the Website itself or otherwise;
- in any way which attempts to gain or is successful in gaining unauthorised access to our servers, computer systems, networks, the Website or any of our software or databases;
- making, transmitting or storing electronic copies of Content protected by copyright or any other intellectual property right without the permission of the owner.
- You must not allow any third party to make use of the Website using your subscription or subscription details. Your subscription is purely personal to you and any password you use must be kept confidential at all times.
Registration and Subscription
- You must ensure that the details provided by you on registration or at any time are correct and complete. We accept no liability for any inaccuracy in such details or for any failure in obtaining the services you subscribe for which may arise as a result.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. Again, we accept no liability for any failure by you to ensure details are up to date or for any failure in obtaining the services you subscribe for which may arise as a result.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach or we suspect you are or may be in breach of these terms and conditions.
- Upon registration, if you wish to subscribe for one or more of our calendar services, you must click through to the "Sign Up/Subscriptions" section. There, you will be asked to set up your account details (email and password details) and to complete your selections. You will then need to click through to the second page which requests your payment details. PLEASE NOTE: the payment details form is presented in the context of the Website but the form fields that you need to complete are served directly from a third party payment processor selected by us. We do not store, process or transmit any of your payment information details - the payment information fields are hosted on the third party payment processor's payment gateway domain and are just presented to you in a frame. Any payment information submitted in respect of subscription for our services is submitted directly to the third party payment processor via such payment fields hosted on their servers and is subject to their own privacy policies and terms which you should check and ensure you are happy to accept. We do not accept any liability in respect of the same or any failures or issues in processing payment information.
- Payment for your subscription will be taken monthly/yearly in advance on or about the same date each month/year as the date on which you first subscribed, for the period from that date until the day before that same date in the following month/year (the "Billing Period"), from the payment details you provide when you initially subscribe. For example, if you subscribe to a monthly plan on 5 April in any year, your first Billing Period will be 5 April to 4 May and each subsequent Billing Period will commence on the 5th of each month and end on the 4th of the following month. Your access to and use of our services is expressly conditional upon the relevant subscription payment being made on time, monthly/yearly in advance. It is your sole responsibility to ensure that your payment details are valid and up to date at all times. Failure to do so may lead to suspension and/or cessation of your subscription services as referred to below.
- We may change (including increase) the monthly/yearly subscription fees applicable to any or all of our services at any time. If we intend to do so, we will use reasonable endeavours to notify you of such change, either by direct email notification or by way of notification on the Website, at least sixty (60) calendar days prior to such changes taking effect. Nothing in this clause restricts or limits your cancellation rights set out below.
- By subscribing for one of our services you are agreeing to a monthly/yearly contract with us which automatically renews each month/year without further notice, subject to your right to cancel as set out below and our rights to suspend and/or terminate the services and/or your subscription as provided for in these terms and conditions. If you do not want to continue your subscription, please follow the cancellation process set out below.
Cancellation and Suspension
- You may cancel your subscription at any time by clicking on the "Cancel Subscription" button on the "Account Settings" page of the Website. Cancellation will take effect at the end of the current Billing Period in which you notify us of cancellation (the " Cancellation Date". You must cease all usage of our services on and from the end of the current Billing Period in which you notify us of cancellation. Your account login will remain active but your subscriptions will be cancelled on the Cancellation Date and calendar feeds will be terminated. No refund of subscription fees will be payable from us to you in the event that you cease usage of our services prior to the Cancellation Date. You may purchase another subscription at any time, subject to the other provisions of these terms and conditions.
- We may suspend or cancel your subscription for any of the reasons set out in these terms and conditions. In the event of any payment failure, we will endeavour to contact you at the email address provided by you as part of your registration process (or as updated by you subsequent to that, if relevant) to notify you of payment failure and we will suspend your access and usage of our services until payment is made correctly. In the event that payment is not made correctly within seven (7) calendar days of the initial payment failure, we may terminate your subscription forthwith and you will remain liable for any payment sums outstanding and due on the date of such termination, which you must pay to us promptly on demand.
- We may also suspend or cancel your subscription in the event that we reasonably believe you are breaching any of these terms and conditions or that you are reasonably likely to do so for any reason.
Links to other websites
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- You may link to the Website's home page provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. 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 also must not establish a link to the Website in any website which is not owned by you and the Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Rushsync makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Rushsync is under no obligation to update information on the Website. Rushsync also does not warrant or represent that the Website or any features or content contained therein, or any service provided by us, will be timely, secure, uninterrupted or error free, or that any defects will be corrected.
- No advice, results or information, whether oral or written, obtained by a User via the Website or our services shall create any warranty or representation not expressly made in these terms and conditions. If any User is dissatisfied with the Website or any aspect of any of our services, their sole remedy shall be to discontinue using the Website and to cancel their subscription as set out above.
- Whilst Rushsync uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Rushsync accepts no liability for any disruption of the Website or access to or non-availability of the Website beyond its reasonable control or which may be required as a result of emergency or planned maintenance and/or management of the Website. Access to the Website requires internet access which you are solely responsible for procuring and for which we shall have no liability of any kind. You must also ensure that you have suitably compatible computer equipment and software to enable use of the Website and our services.
- Rushsync reserves the right to alter, suspend or discontinue any part (or the whole of) the Website at any time including, but not limited to, any products and/or services available. In the event of a total discontinuation of the Website, we will use reasonable endeavours to give you a minimum of 60 days' prior notice of the same and shall notify you of any alternative website with which we intend to replace the Website (if any - there being no obligation on us to create, implement or operate any such replacement). These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control. We will also not be liable to you or any other User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of the Website or any of our services.
- In particular, but without limiting the foregoing, to the maximum extent permitted by law, Rushsync accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- In no event shall Rushsync's total liability to you in respect of any losses arising under or in connection with these terms and conditions, our contract with you, our services and/or the Website exceed a sum equal to the total subscription fees paid by you in the [three] calendar months prior to the date of the loss giving rise to liability pursuant to this clause. This clause shall survive termination of the contract between you and Rushsync.
- You may not transfer any of your rights under these terms and conditions to any other person. You are granted by us a personal, non-exclusive and non-transferable right to use the Website and our services in accordance with and subject to these terms and conditions. We may transfer our rights under these terms and conditions as we see fit and where we reasonably believe your rights will not be affected, including but not limited to novating any contract between you and us to a third party which you hereby irrevocably consent to in advance.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 (the "Act") shall not apply to these terms and conditions and no third party, other than a permitted transferee of rights from us as provided for in clause 1 of this section above, will have any right to enforce or rely on any provision of these terms and conditions whether pursuant to the Act or otherwise.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- You accept and acknowledge that in accepting these terms and conditions and entering into any contract with Rushsync, you have not relied and do not rely on any undertaking, promise, assurance, statement, representation or understanding (whether in writing or not) of any person (whether a party to such terms and conditions and/or contract or not) relating to the subject matter of these terms and conditions and/or any such contract.
- These terms and conditions and any contract between you and us and any dispute or claim arising out of any of them or in connection with their subject matter or formation (including non-contractual disputes or claims) will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.