Terms of Service (Participants)

Last Updated: 18 May 2021

1. Information about us and how to contact us

1.1 Who we are. We are Premier Online, operated by Premier Digital Portal ("Premier", "we", "us", "our"). We are registered in the United Arab Emirates with company registration No. 936931 and our registered address is Mehairi, Manama Street, Ras Al Khor Ind Estate Third, Dubai, UAE. Our TRN is: 100460513300003.

1.2 We are not the Event Organizer. Unless otherwise stated on our Platform, we are not the organizer or owner of the Events listed on our Platform. The Event Organizer will be listed on the relevant Event registration page and shown during the registration process. See Section 5 below for more information.

1.3 How to contact us. We can only accept queries about event registration or payment if made through the Help Center (sign in to reference information / use the contact form), using the link here will not get you a response. If your query is not related to an event or registration you should contact us here.

1.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you by using the contact details that you provided to us.

1.5 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

2. Our Services

2.1 Through our Platform we provide the following services ("Services"):

· Our Platform allows organizers ("Event Organizer") of events ("Event") to list and promote their Events on our Platform and to sell related products ("Products")

· Our Platform allows an individual, company or other entity (such as a club or group) to register for Events and to buy Products ("Participant")

· We act as a data and payment processing agent for Event Organizers

· We display timing results for Events on our Site

· We share Event photographs and video footage with Event Organizers and with Participants, on behalf of the Event Organizer

· Other related services

2.2 We may update and change our Services from time to time.

2.3 Unless otherwise stated, our Services do not include organizing the Events (see Section 5. OUR RELATIONSHIP WITH YOU).

3. These terms

3.1 What these terms cover. These are the terms and conditions on which we supply our Services (as defined above) to you through our websites, domains, applications or other services that we offer, including:

and all of the webpages, subdomains and subparts of those platforms (our "Platform").

3.2 Why you should read them. Please read these terms carefully before you use our Services. You should read the complete terms as this is a legally binding contract and contains information about your legal rights. These terms tell you who we are, how we will provide Services to you and other important information.

3.3 You accept these terms. These terms govern our Services, all of which are offered subject to your acceptance of these terms, without modification. By using our Services you confirm that you accept these terms. If you do not agree to these terms or any part of these terms, you must not use our Services. If you use the Services on behalf of an entity or other individuals, then you agree to these terms on behalf of that entity (and its affiliates) and those individuals, and you represent that you have the authority to do so.

3.4 You must be at least 18 years old to use our Services. You may not register for an account on our Platform or use our Services if you are under 18 years of age (a "Minor"). If you will be using the Services on behalf of a Minor, you agree to these terms on behalf of that Minor and you represent that you have the legal right to do so. If you do not have such a right, you must not use our Services. The age restrictions for an Event will be included within the Event Organizer's terms and conditions (see Section 5.2).

3.5 We may amend these terms from time to time. Every time you wish to use our Services, please check these terms to ensure you understand the terms that apply at that time.

4. other terms

4.1 Our other terms apply to you. These terms refer to the following additional terms, which also apply to your use of our Services and which are incorporated by reference:

5. OUR RELATIONSHIP WITH YOU

5.1 We are not the Event Organizer.

5.1.1 Our Platform provides the Services listed above. Unless otherwise stated on our Platform, we are not the organizer or owner of the Events or the seller of the Products, which are provided by the Event Organizer listed on the Event registration page on the Platform or otherwise indicated during the registration process. WE TAKE NO RESPONSIBILITY FOR THE ORGANIZATION, HOSTING, POSTPONEMENT OR CANCELLATION OF SUCH EVENTS AND FOR THE PRODUCTS. THE EVENT ORGANIZER IS ENTIRELY RESPONSIBLE AND LIABLE.

5.1.2 It is the obligation of the Event Organizer and not us to ensure that an Event or any Event information or Products provided through the Platform meet all applicable laws, rules, regulations and satisfactory standards.

5.1.3 We cannot guarantee that an Event or a Product will be exactly as described by the Event Organizer. The Event Organizer may need to make changes to the Event or Product for legal, regulatory, safety, technical or other reasons. You should check the Event registration page for updates. WE ARE NOT RESPONSIBLE FOR THESE CHANGES.

5.2 Event Organizer will impose additional terms. We will provide you with the applicable terms and conditions of the Event on behalf of the Event Organizer. These terms will form a binding agreement between you and the Event Organizer. You agree to abide by those terms and conditions of the Event, and all other rules and regulations provided by the Event Organizer. To the extent there is any conflict between these terms and the terms of the Event Organizer, these terms will prevail.

5.3 How we will accept your registration. Our acceptance of your Event registration or Product order on behalf of the Event Organizer will take place when we email you to accept it, at which point a contract will come into existence between you and us for the provision of the Services (as defined in Section 2.1).

5.4 If we cannot accept your order. If we are unable to accept your Event registration or Product order on behalf of the Event Organizer for whatever reason, we will inform you of this by email and will not charge you or, if already charged, we will refund you.

5.5 Your transaction receipt number. We will assign a transaction receipt number and tell you what it is when we accept your transaction. It will help us if you can tell us the transaction receipt number whenever you contact us about your transaction.

5.6 You must provide us with accurate information. In order for us to provide the Services, you must provide us with true and accurate information when creating an account or registering for an Event on the Platform. For instance, you must not provide: made-up name/nick name; false date of birth; incorrect email address / mobile number or any other information or data that is not true or valid.

5.7 How we use Event photographs and results. Where requested to do so by an Event Organizer, we (or our affiliated entities or contractors) may capture photographs and video footage of the Event (and before and after the Event as we may reasonably require) and its Participants. You hereby agree to us capturing your image, name, voice and likeness and any other biographical or other information or data related to you (including run times and results) in such a way and acknowledge that all such material shall be owned by us or the Event Organizer. You hereby grant us and the Event Organizer the right, permission and authority to use (and to sub-license) in perpetuity and throughout the world any such audio-visual material and data in connection with the production, advertising, promotion, sale and marketing of the Event, future events, the Event Organizer and our Services.

6. Price and payment

6.1 Where to find the price for the Event or Product. The price of registration for an Event and the price of a Product will be indicated on the Event registration page and during the payment process on our Platform.

6.2 Premier Services fee. Our fee for providing the Services may be included within the price of the Event registration or the price of the Product or may be charged separately and will be indicated during the payment process. ("Service Fee").

6.3 Where chargeable, VAT is included. If applicable to the Event registration or Product fees, VAT will be charged at the applicable rate and is included within the fees indicated.

7. CANCELLING A PURCHASE AND REFUNDS

7.1 For more information on cancelling a registration or purchase please sign in to your Premier Online account and click the Help link on the menu bar to access the FAQs.

7.2 Usually, a registration can be cancelled up to thirty (30) days prior to the Event date. Some Events may permit you to cancel your registration after this time. The last date for cancellation is published on each Event registration page. In exceptional instances, extenuating circumstances may force an earlier cancellation date to be published. It is your responsibility to check individual Event registration pages for details.

7.3 Where a registration or purchase is cancelled directly by the Event Organizer, Premier will notify you (subject to receiving the necessary information from the Event Organizer) ("Cancellation Notice").

7.4 Where an Event is postponed and the Cancellation Notice contains a date for the rescheduled event, you will have the option to:

7.4.1 transfer your registration to the rescheduled event at no cost, in which case you do not need to take any action; or

7.4.2 cancel your Event registration (and related purchases) and receive a refund (in accordance with Sections 7.8-7.11), subject to you cancelling your registration through your Premier Online account by the date published on the Event registration page.

7.5 Where the Event is postponed and the Cancellation Notice does not contain a date for the rescheduled event, we will publish the rescheduled date no later than the date of the postponed Event. You will then have the options that are set-out in Section 7.4.1 and 7.4.2.

7.6 Where an Event that is free to enter for all Participants is cancelled, your Event registration will be cancelled, and no refund given for your registration and associated purchases.

7.7 Where a chargeable Event is cancelled, you shall cancel your Event registration/ purchase through your Premier Online account (or we will cancel your registration purchase by the date of the cancelled Event), and you will be provided with a refund in accordance with Sections 7.8-7.11.

7.8 We may provide you with a 'Protect Your Fee' option on any Event registration/ purchase on the Platform, which is non-refundable. If you choose to pay this fee and then subsequently decide to cancel your registration or return the Product within the permitted time period and subject to applicable terms, you are eligible for a full refund of the Event registration/ purchase fee paid (excluding Service Fees, which are non-refundable). In addition, the 'Protect Your Fee' option guarantees a refund of the protected Event registration / purchase if an Event is cancelled or postponed (and you no longer wish to participate on the new date).

7.9 If you did not add the 'Protect Your Fee' option to your Event registration / purchase your refund is subject to our standard “Refund Processing Fee” of AED50 (or equivalent). Amounts less than the Refund Processing Fee cannot be refunded and are forfeited in full.

7.10 All refunds made in accordance with this Section 7 are processed directly to the original payment card. The refund process should take 2-3 days, but possibly as many as 10 days (excluding weekends/ holidays) but is subject to the terms and processes of the relevant card issuer.

7.11 Any partial or full value of an Event registration or Product paid for with a discount code will not be refunded.

7.12 Notwithstanding any other provision of these terms, Premier reserves the right to take any action that it deems necessary, acting in its sole discretion, in relation to Event registrations and Product purchases (“Special Measures”), including (without limitation) by cancelling/refunding a registration or purchase without notice to you that:

7.12.1 has been made in breach of these terms or the applicable terms of the Event or Event Organiser, including without (limitation) a breach of an Event’s age restrictions, and which is therefore invalid; or

7.12.2 is a duplicate of an existing registration or purchase.

Special Measures refunds will be made in accordance with Sections 7.8-7.11.

8. Our rights to end the contract

8.1 We may end the contract. We may end the contract for our Services at any time by writing to you if:

8.1.1 you do not make any payment to us when it is due and you still do not make payment within seven (7) days of us reminding you that payment is due;

8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services; or

8.1.3 for any other reason upon us giving ten (10) days written notice.

9. Our responsibility for loss or damage suffered by you

9.1 We are not responsible to you for loss or damage caused by the Event, the Products or the Event Organizer. Unless otherwise indicated, the Event Organizer is responsible for the Events and any Products sold.

9.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.

9.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

9.4 We are not liable for business losses. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.5 Our liability is limited. In any event, our liability to you is limited to the cost of registration for the relevant Event to which any claim, damage or loss relates.

10. Other important terms

10.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organization. We will endeavour to tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

10.2 You need our consent to transfer your rights to someone else . You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

10.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

10.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.5 Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.6 Which laws apply to this contract and where you may bring legal proceedings . These terms, their subject matter and their formation (and any non-contractual disputes or claims), are governed by English law. You and we both agree that the courts of the Dubai International Financial Centre will have exclusive jurisdiction over any disputes.