Welcome to our website app Motobase (our “App”), which provides an online platform for users to publicise and enter motocross and off-roading events (the “Booking platform”).
Please read these terms carefully and ensure that you understand them before selling/booking/ registering on our app or platform.
They apply to any user who advertises and sells or books events via our Booking platform. General use of our Site is also subject to our Website Terms of Use and booking events is governed by these Terms. Please ensure that you have read them carefully and that you understand them.
By registering with Motobase you have accepted all the terms
If you are an event owner you will be required to read and accept these terms before any event you wish to offer to entrants is published. If you are a booker you will be required to read and accept these terms before you can book any event you wish to enter. If you do not agree to comply with and be bound by these terms, you will not be able to sell or book on our Booking platform. If you agree to these terms on behalf of a company or other legal entity you are representing and warranting to us that you have authority to bind such legal entity to these terms.
Please refer to our Privacy Policy for details about how we collect, process, store and retain any personal data we collect from you.
1.Our Booking platform
Our Booking platform is provided solely as an online venue for bookers and event owners. We are not a party to any transactions or other relationships between bookers and event owners. You hereby acknowledge and agree that:
1.1 Bookers are not making purchases from us and are not entering into a contract with Us. A booker’s purchase is from the event owner, and their contract is with the event owner.
1.2 We will not be a party to any dispute between any booker and event owner. Any claims must be made directly against the party concerned and you agree to release us from and indemnify us against any and all claims, demands and damages of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
1.3 We do not pre-screen event owners or any items that event owners advertise in listings on our Booking platform. We are not, therefore, in any way responsible for the condition, legality, quality, safety or suitability of any events sold and staged, or for the content of any listings.
1.4 While event owners are required to comply with these terms, which include provisions covering important matters such as payment methods, processing times, and delivery methods, we recognise that all event owners are different and may not accept the same payment methods, process transactions within the same time frame, or offer the same entry terms (or prices).
1.5 We reserve the right to remove any listing that breaches these terms. If we do so, please note that Listing Fees are non-refundable. In addition, we may also suspend or terminate your account. All sums due will remain due and payable notwithstanding any suspension or termination for any reason.
2. Descriptions Policy
When listing on our Booking platform, it is important that all descriptions of items are truthful and accurate, and that all visual representations are true representations of your event (as far as is reasonably possible). You agree that all listings submitted by you will comply with the following:
2.1 the description must give as much detail as is reasonably possible about the event, such as when and where it takes place, by when and how to get there, any restrictions on entry, equipment the entrants must bring with them etc.;
2.2 you may only describe something as being provided by you if that is truly the case. If any other party is involved, your listing must state and describe their involvement;
2.3 photographs must be of your event and not stock photographs, photographs from other event owners or websites, drawings, renderings, or other representations;
2.4 if you are selling multiple events, you do not need to include photographs of every individual event, provided that your description sets out any variations that are likely to be made, stating that the photographs illustrate some of your events only;
2.5 you must not use any content (including but not limited to text, images, video or audio) that belongs to other parties in your listings without their express permission;
3. Intellectual Property Rights
3.1 We (Motobase) own all intellectual property rights.
3.2 Users must, at all times, respect the intellectual property rights of event owners on our Booking platform. Under no circumstances may you use intellectual property belonging to another party without that party’s express permission.
3.3 If you feel that another user (whether they are another event owner or a booker or otherwise) has infringed your intellectual property rights in any way, please contact us at [email protected]
3.4 If another party contacts us accusing you of infringing their intellectual property rights:
3.4.1 We will contact you to inform you of the complaint;
3.4.2 We may remove the User Content that is the subject of the complaint;
3.4.3 if you have questions regarding the complaint, or wish to challenge it, you must contact the complainant. We will not be a party to any dispute concerning intellectual property and cannot assist in resolving such disputes; and
3.4.4 you are free to resubmit the User Content in question if the complaint is resolved and you have the permission of the complainant to do so (where it is required). We can neither permit nor deny such resubmission as we will not be a party to the dispute.
4. Rules and Acceptable Usage Policy
4.1 When using our Booking platform, you must do so lawfully, fairly, and in a manner that complies with the our policies. Specifically:
4.1.1 you must ensure that you comply fully with all local, national, or international laws, and/or regulations (including but not limited to those which may apply to the event(s) you wish to sell or to book);
4.1.2 you must not use our Booking platform in any way, or for any purpose, that is unlawful or fraudulent;
4.1.3 you must not use our Booking platform to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind;
4.1.4 you must not use our Booking platform in any way, or for any purpose, that is intended to harm any person or animal in any way;
4.1.5 you must always provide accurate, honest information about yourself and any and all events that you are selling on the Booking platform;
4.1.6 event owners must not charge bookers excessively for entry;
4.1.7 event owners must state the price of an event accurately and clearly; and
4.1.8 event owners must not engage in any form of price fixing with other event owners.
4.2 When using our Booking platform, you must not submit anything (including, but not limited to, material in a listing) or otherwise do anything that:
4.2.1 is sexually explicit;
4.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
4.2.3 promotes violence;
4.2.4 promotes or assists in any form of unlawful activity;
4.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
4.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
4.2.7 is calculated or is otherwise likely to deceive;
4.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
4.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
4.2.10 implies any form of affiliation with us where none exists;
4.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
4.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
4.3 We reserve the right to suspend any listings you have on our Booking platform and may, in addition, suspend or terminate your account or your access to our Booking platform if you materially breach the provisions of this Clause 4 or any of the other provisions of these terms. Further actions we may take include, but are not limited to:
4.3.1 removing an event owner’s listing(s) from our Booking platform;
4.3.2 issuing you with a written warning;
4.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
4.3.4 further legal action against you as appropriate;
4.3.5 disclosing such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
4.3.6 any other actions which we deem reasonably necessary, appropriate, and lawful.
4.4 We hereby exclude any and all liability arising out of any actions that we may take in response to breaches of these terms.
5. Listing Fees and Transaction Fees
5.1 Fees are charged for submitting a listing (“Listing Fees”), which are dependent on listing features required. Listing Fees are payable whether or not your Listing results in a sale.
5.2 A percentage fee of 1.5% to 2.5% + 20p which is dependent on the card type used at the time of booking is applied to each booking made on our Booking platform (a “Transaction Fee”) of the price of each total booking. Transaction Fees are calculated based only on the booking price. Transaction Fees are payable regardless of whether or not the event was later cancelled.
6. Payments from Bookers to Event owners
6.1 Event owners will receive the payments of Bookers minus our Transaction Fee (or accumulated Transaction Fees) referred to in Clause 5.2, within 2 days after the
6.2 If you believe at any time that we have paid you an incorrect amount, please contact us at [email protected] as soon as reasonably possible to let us know.
6.3 If a booker does not pay an event owner the event owner may cancel the transaction. Please refer to Clauses 11 and 12 for more information on event owner cancellation rights.
6.4 We will not make any bookers’ payment details (including, but not limited to, card numbers, bank account numbers, and sort codes) available to event owners at any time, or for any reason.
7.Taxes
7.1 It is the responsibility of event owners to collect and pay applicable taxes on any sales made through our Booking platform.
7.2 Where any tax, for example VAT, forms a part of the price of any item on our Booking platform, the tax must be included in the price of the item.
7.3 For further information on VAT and other taxes in your location, please contact your local tax authority.
8. Bookers’ Rights to Cancel
8.1 Event owners set out their specific cancelation deadline when listing an event, this information is stated on the event details page and bookers are responsible make themselves aware of this deadline before entering.
8.2 Where possible if set by the event creator bookers may cancel their booking up to 48 hours before the event start date and time for a refund by contacting Motobase or using the cancel booking button in the manage bookings page. If a booker wishes to cancel after the 48 hour period they must get in contact with the event creator to dispute the cancellation.
8.3 When a booker cancels Motobase issue a refund within 14 calendar days of the following the day on which the cancellation request is received.
8.4 When a booker cancels, any refunds will be subject to an administrative charge; under some circumstances please check when you book.
8.5 Refunds after the event has taken place are only available at the discretion of the event owner and may be subject to deductions.
8.6 No refunds are offered for payments made for additional services. These additional services include things like booking fee, administrative charge referred to in Clause 8.4
9. Problems with Transactions and Bookers’ Rights
9.1 The law requires event owners to provide their services with reasonable skill and care, consistent with best practices and standards in the applicable industry and in accordance with any information provided by them about them and the services.
9.2 As a consumer, bookers have certain legal rights with respect to the purchase of events. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. Broadly, if services are not performed with reasonable skill and care, bookers may have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.
9.3 Refunds (whether full or partial, including reductions in price) under this Clause 9 will be issued within 7 calendar days of the day on which the event owner agrees that the booker is entitled to a refund.
10. Further Transaction Cancellation Rights
10.1 The event owner has the right to cancel a transaction and issue a full refund of any sums paid (minus booking fee) in the following circumstances:
10.1.1 The booker and event owner have mutually agreed to cancel the transaction before the event;
10.1.2 The event owner cancels the event for any reason before the date on which the event is to take place;
10.1.3 The booker has not paid before the date on which the event is to take place; or
10.1.4 The event owner chooses to refuse service to the booker.
10.1.5 Refunds under this Clause 10 must be issued within 14 calendar days of the date on which the booker and event owner agree the cancellation, or the date on which the event owner informs the booker that they are cancelling the transaction.
11. Your Account Cancellation Rights
11.1 You may close your account and cancel your agreement with us by emailing [email protected].
11.2 Any outstanding sums due and payable to us (including, but not limited to, Listing Fees and Transaction Fees owed by the event owner) will remain payable by the original due date and the event owner’s account will not be fully closed until all sums due to us have been paid.
11.3 If we have done something wrong, you may be entitled to cancel and receive a refund of certain sums paid for services that have not been provided to you. You may also be entitled to compensation. This may apply in the following circumstances:
11.3.1 We have breached these terms in a material way and fail to remedy the breach within 28 days of you asking us to do so in writing;
11.3.2 We go into liquidation or have a receiver or administrator appointed over our assets;
11.3.3 We change our service or these terms to your material disadvantage; or
11.3.4 We are adversely affected by an event outside of our control that continues for more than 6 months (as under sub-Clause 14.2.5).
12. Our Liability to You
12.1 As stated in Clause 3, we are not a party to any transactions, other relationships, or disputes between bookers and event owners. Furthermore, as stated in sub-Clause 3.3, we do not pre-screen event owners or any events that event owners advertise in listings on our Booking platform. We will not be responsible for any aspect of a transaction and make no warranties as to the quality, safety, or legality of any event(s) purchased from event owners on our Booking platform. Any claims pertaining to a transaction must be made directly against the event owner concerned.
12.2 We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these terms or as a result of our negligence.
12.3 Subject to sub-Clause 13.2, to the fullest extent permissible by law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement and we will not be liable to you for any loss of profit, loss of goodwill, loss of business, interruption to business, or for any loss of business opportunity or special, indirect or consequential damages.
12.4 Notwithstanding the foregoing, if we are found to be liable, our liability to you or to any third party is limited to
12.4.1 If you are a booker, the price (if any) paid for your booking;
12.4.2 If you are an event owner, the greater of (a) the amount of fees in dispute, not to exceed the Transaction Fees which you paid to us in the 6 months prior to the action giving rise to the liability, or (b) £300.
12.5 Nothing in these terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents, or sub-contractors); or for fraud or fraudulent misrepresentation.
12.6 Nothing in these terms seeks to limit or exclude consumers’ legal rights. For more details of consumers’ legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
13. Events Outside of Our Control (Force Majeure)
13.1 We will not be liable for any failure or delay in performing our obligations to you where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
13.2 If any event described under this Clause 13 occurs that is likely to adversely affect our performance of any of our obligations to you:
13.2.1 We will inform you as soon as is reasonably possible;
13.2.2 We will inform you when the event outside of our control is over and provide details of any new dates, times, or availability of the Booking platform as necessary;
13.2.3 If the event outside of our control continues for more than 3 months, we may issue a refund for affect listings;
13.2.4 If the event outside of our control occurs and continues for more than 3 months and you wish to exercise your right to cancel, you may do so by closing your account, as described in Clause 13.1.
13.2.5 Any refunds due to you as a result of your cancellation under sub-Clause 13.2.4 will be paid to you as soon as is reasonably possible and in any event no later than 7 calendar days after your account is cancelled.
14. Communication and Contact Details
If you wish to contact us with general questions or complaints, or for matters relating to cancellations, you may contact us by email at [email protected]
15. Data Protection
15.1 All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15.2 For complete details of our collection, processing, storage, and retention of personal data, please refer to our Privacy Policy and Cookie Policy.
15.3 Event owners will also collect, hold, and process bookers’ personal information in the course of transactions (for example, bookers’ names, email addresses, and postal addresses). Event owners are, therefore, also considered data controllers under the GDPR and will be responsible for complying with their legal obligations and protecting bookers’ rights under the GDPR. You must only use the personal data of other users to the extent necessary to complete a transaction, to communicate about a specific transaction, to communicate via our Booking platform, and/or to respond to messages from them. You may not add any user to a mailing list, use their data for marketing without their consent.
16. Other Important Terms
16.1 We may transfer (assign) our obligations and rights under these terms to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these terms will not be affected and our obligations under these terms will be transferred to the third party who will remain bound by them.
16.2 You may not transfer (assign) your obligations and rights under these terms without our express written permission.
16.3 If any of the provisions of these terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these terms, which shall be valid and enforceable.
16.4 No failure or delay by us in exercising any of our rights under these terms means that we have waived that right, and no waiver by us of a breach of any provision of these terms means that we will waive any subsequent breach of the same or any other provision.
17. Law and Jurisdiction
17.1 These terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and us relating to these terms, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
CANCELATIONS AND REFUNDS
Thank you for choosing our MOTOBASE platform to book your spot for an upcoming event.
PLEASE NOTE Motobase is purely an intermediary platform between the event organiser hosting the event and the person booking into the event, any contract agreements are between those two parties.
We want to ensure you have a clear understanding of our cancellation and refund policy, as outlined below:
1. Cancellation:
1.1. Participants can request a cancellation of their MOTOBASE booking if the event creator has allowed cancellations, if the event creators has decided to not allow cancellation please contact the event creator. The event creators cancellation policy scheduled relates to the start time of the event. We act only as a intermediary for event creators creating events which will be conditional to the event organiser.
1.2. To initiate a cancellation, participants must login to their profile and cancel the entry. If you are unsuccessful you may contact our customer support team via email [email protected]. The cancellation request must include the participant’s name, booking details, and race event information. In some cases the cancel event option within the app may not be available in this case please contact your event creator.
1.3. Cancellation requests received within event creators cancellation policy will not be eligible for a refund. Please contact the event organiser to dispute.
2. Refunds:
2.1. Event cancellations made more than the event creators cancellation policy if applicable will be eligible for a refund but can include any non-refundable fees or charges associated with the booking.
2.2. Refunds will be issued within 14 of receiving a valid cancellation request.
2.3. Refunds will be processed to the original method of payment used during the booking process unless otherwise specified by the participant.
2.4. A refund amount will be calculated as follows:
a) If the cancellation is requested beyond the event creators cancellation policy window, a refund will be issued, excluding any non-refundable fees or charges associated with the booking.
b) No refunds will be issued for cancellations within event creators cancellation policy.
3. Event Cancellation by Organizer:
3.1. In the unlikely event that the race/event is cancelled by the event organizer, participants will be entitled to a full refund minus any transaction fees of their booking.
3.2. The refund will be processed within 14 days of the event cancellation announcement.
3.3. Refunds will be issued using the original payment method or an alternative method agreed upon by the participant and the organizer. Note: Any refunds issued may be subject to processing fees or non-refundable charges imposed by payment processors or third-party services. We highly recommend participants to review the event details, participant requirements, and race terms and conditions prior to booking to ensure an informed decision. If you have any further questions regarding our cancellation and refund policy, please do not hesitate to contact our customer support team at [email protected]. We are here to assist you. Thank you for your understanding and cooperation.
Contacts
For any questions about MOTOBASE LTD Service or the Agreements, users can contact us via our email address
