TERMS OF USE
Updated 16th April 2020
INTRODUCTION
www.prescotthillclimb.co.uk is a website operated by the Bugatti Owners’ Club Limited (“Bugatti Owners’ Club”, "BOC", "we" or "us"). Bugatti Owners’ Club Limited is registered in England and Wales under company number 00246747 and its registered office is at Prescott Hill, Gotherington, Cheltenham, Gloucestershire GL52 9RD. The Bugatti Owners’ Club owns and operates Prescott Speed Hill Climb.
AGREEMENT BETWEEN YOU AND THE BUGATTI OWNERS CLUB
These general Terms and Conditions ("Terms") are an agreement ("Agreement") between you and the Bugatti Owners’ Club and cover your use of the information, products and services made available through prescott-hillclimb.com (the "Website"). By using the Website, you agree to be bound by these Terms, as well as our Privacy Policy.
This Agreement governs any use of the Website as a Guest, fee paying Member or otherwise.
You are responsible for making all arrangements necessary for you to have access to the Website and for ensuring any contact details you provide us with are correct and up to date. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.
The Website is offered to you conditional upon your acceptance of these Terms and any notices contained in these Terms and the Website itself. Please read these Terms carefully before you start using the Website. By using the Website, you agree to these Terms.
Please note that the statements set forth under the headings "In Summary:" are provided as a courtesy solely for your convenience and are not legally binding or otherwise intended to modify these Terms in any way.
In Summary:
By using www.prescotthillclimb.co.uk, you agree to our Terms and Conditions.
ACCESS TO WEBSITE PRODUCTS AND SERVICES
Membership of the Bugatti Owners’ Club is not a pre-requisite to gaining access to the available goods and services on the website. Non-members of the Bugatti Owners’ Club (“Guests”) will be required to provide relevant personal details and payment information to obtain goods and services but will not be entitled to preferential terms and discounts available to Members.
Guests who choose to become Members by purchasing Membership through the website and who provide a valid payment method, such as a credit or debit card will automatically join the Bugatti Owners’ Club. Guests may also become Members by contacting the Club Office on 01242 673136 or emailing membership@bugatti.co.uk.
To ensure uninterrupted service and to enable you to conveniently purchase additional products and services, the Bugatti Owners’ Club will store and when possible update (e.g. on expiration) your payment method on file. Please note that it is your responsibility to maintain current credit or debit card information on file with the Bugatti Owners’ Club.
Other Bugatti Owners’ Club products and services or promotions may be offered from time to time. The terms and conditions of such offers will be contained within the offer.
CLUB MEMBERSHIP
Membership of the Bugatti Owners’ Club gives you access to all services, discounts, and other features.
Membership of the Bugatti Owners’ Club is based on a calendar year, i.e. January 1st - December 31st every year. If you become a Member on or after September 1st your membership will be valid until 31st December the following year. If you become a Member prior to September 1st your membership will be valid until December 31st the current year.
The Bugatti Owners’ Club will automatically renew your membership according to your existing membership arrangement at the published fee on your renewal date unless you notify us that you want to cancel or change your membership arrangements. You can change an auto-renewing membership at any time; however, the change will not be applied until the annual renewal date.
Cancellation of your membership
If for any reason you decide that you do not want to continue with your membership, you can cancel it on the Website or by contacting us directly at membership@bugatti.co.uk. The date of cancellation will be the end of the calendar year of your current membership year. At this time your account will be automatically downgraded to “Guest”.
Failure to provide subscription payments
If you are a Bugatti Owners’ Club Member and fail to provide a full subscription payment on time, we reserve the right to deem such a failure as notice of cancellation and cancel your account immediately. Further, if we are unable to charge your designated payment method for any reason, we reserve the right to suspend your membership until your designated payment method can be charged again.
In Summary:
An annual membership gives you access to Membership benefits, discounts and other features on a yearly rolling basis and can be cancelled at any time.
If you stop paying for your Membership, we reserve the right to cancel it immediately. If you are unable to change your designated payment method, we reserve the right to suspend your membership until we can charge you again.
DATA PROTECTION
Any personal information you provide to us via the Website is governed by our Privacy Policy, which is incorporated into these Terms.
In Summary:
For information on how we collect, use, and share your personal information, read our privacy policy.
INTELLECTUAL PROPERTY RIGHTS
For the purposes of these Terms, "Intellectual Property Rights" means any and all intellectual property rights, whether registered or unregistered, including but not limited to any patents, trademarks, domain names, URLs, design rights, copyright, software rights, database rights, rights in and to business names, product names and logos, processes, trade secrets, confidential information and any similar rights in any jurisdiction.
Bugatti Owners’ Club shall retain and be assigned all rights, title, interest and Intellectual Property Rights in relation to the forms, documents, products, services, articles and all other content found on the Website (the "Content").
Except as otherwise provided in these Terms, you must not:
reproduce, modify, translate or create derivative works of any Content;
sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Content; or
circumvent or disable any security or technical features of the Content.
Bugatti Owners’ Club® is a registered trademark of Bugatti Owners’ Club UK Limited. The names of any companies or products mentioned on the Website may be the trademarks of their respective owners.
All Content is Copyright © Bugatti Owners’ Club and/or its suppliers, affiliates and partners. All rights reserved.
In Summary:
Bugatti Owners’ Club’s intellectual property belongs to us. You agree not to copy or sell any of our intellectual property.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You will not use the Website in any manner which could damage, disable, overburden or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You will neither obtain nor attempt to obtain any materials or information through any means not intentionally provided for on the Website.
Our status (and those of any identified contributors) as the authors of material on the Website must always be acknowledged and you must not use the material in a derogatory manner. If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
In Summary:
You agree not to use our website for any unlawful or prohibited purpose.
LINKS TO THIRD PARTY WEBSITES
Bugatti Owners’ Club's websites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. The Bugatti Owners’ Club does not sponsor and is not legally associated with any third party Linked Sites.
The Bugatti Owners’ Club does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site,
Bugatti Owners’ Club will not be responsible for any act or omission of the third party, including the third party's access to or use of your personal information, and
Bugatti Owners’ Club does not warrant or support any service provided by the third party.
In Summary:
The links we provide to other websites are for your information only. We don't endorse and are not responsible for the content on those websites.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information on the Website. Bugatti Owners’ Club and/or its suppliers may make improvements and/or changes to the Website at any time. Information and opinions received via the Website should not be relied upon for personal, medical, legal or financial decisions.
Although the Bugatti Owners’ Club will use its reasonable efforts to keep the Website available and the information on the Website reasonably accurate, the Bugatti Owners’ Club and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Bugatti Owners’ Club and/or its suppliers disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Guest users
You use the Website at your own risk. The Bugatti Owners’ Club, our respective agents, employees and subcontractors, shall not be liable to you or any other party for any losses or damages whatsoever or howsoever arising in connection with the Website (whether under these Terms or other contract or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence).
Fee paying members
The Bugatti Owners’ Club's liability to you for any loss or damage is limited to damages of an amount equal to the membership fee received by the Club for the twelve month subscription period prior to the date on which the liability arose.
Under this paragraph:
"Bugatti Owners’ Club's liability" includes our respective agents, employees and subcontractors;
"You" includes any other party claiming through you; and
"Loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the use of the Website, whether under this agreement or other agreement or as a result of any misrepresentation, misstatement or tortious act or omission, including negligence.
This section of the Terms does not affect claims relating to death or personal injury caused by negligence and does not limit or exclude any liability for fraudulent misrepresentation.
Service contact
Most customer concerns can be resolved quickly and to your satisfaction by contacting us in writing, by telephone or by email. The contact details are at the bottom of this page.
In Summary:
While we do our best to make sure everything is accurate and up to date, your use of our website is at your own risk.
GENERAL
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website.
Our performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable under any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
We may provide you with notices, including those regarding changes to the Terms by email, regular mail, postings on the Website, or other reasonable means now known or developed in the future.
A printed version of the Agreement, and of any notice given in electronic form, will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
MODIFICATIONS AND AVAILABILITY
We aim to update the Website regularly and can change the content at any time. We will use our reasonable efforts to keep the Website available to you, but if necessary, we may suspend access to the Website, or close it indefinitely. We will not be liable if for any reason the Website is unavailable at any time or for any period.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our news page or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
If you have any questions or concerns, please Contact Us.
In Summary:
We can update or suspend our website at any time.
ENTIRE AGREEMENT
Entire agreement
Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Website and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
In Summary:
These terms are the one and only official agreement between you and Bugatti Owners’ Club.
ASSIGNMENT
You must not assign or otherwise transfer the Terms, or any right granted under them, without our written consent. We can freely transfer our rights under the Terms.
In Summary:
You cannot transfer the rights granted by these Terms to anybody else.
WAIVER
Any failure by us to enforce or exercise any provision of the Terms, or any related right, will not be a waiver of that provision or right. Any rights not expressly granted in this Agreement are reserved. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
In Summary:
If for some reason we can't or don't enforce these Terms, it does not affect our right to do so later. If we don't enforce part of these Terms, the rest of the Terms will still be valid.
APPLICABLE LAW
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the laws of England and Wales.
In Summary:
These terms and your use of this website are governed by the laws of England and Wales.