Terms of Service

1. Definitions and Interpretation

1.1 In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

• "Account" means the account required to access and use certain features of the Platform;
• "Content" means any text, images, video, audio or other multimedia content, software, information or other material;
• "Experience" means any automotive-related activity, event or service offered by a Host through the Platform;
• "Guest" means a User who books an Experience through the Platform;
• "Host" means a User who creates and offers an Experience through the Platform;
• "Platform" means the supercarthrills.com website, mobile applications and associated services;
• "User" means any user of the Platform, whether as Guest, Host or otherwise;
• "User Content" means all Content submitted, posted, uploaded, published or transmitted by any User.

1.2 Unless the context otherwise requires, each reference in these Terms to:

• writing includes a reference to any communication effected by electronic mail or similar means;
• a statute or provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
• "including" is understood to mean "including without limitation".

2. About Us and the Platform

2.1 The Platform, supercarthrills.com, operates as a technology service provider that facilitates connections between individuals seeking unique automotive experiences and those offering such experiences. We are not a party to any agreements between Hosts and Guests.

2.2 The Platform provides:

• A venue for Hosts to create listings for automotive experiences;
• Tools for Guests to discover and book such experiences;
• Payment processing services;
• Communication tools to facilitate arrangements between Users.

3. User Accounts and Registration

3.1 To access certain features of the Platform, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 You are responsible for maintaining the confidentiality of your Account password and are fully responsible for any activities that occur under your Account. You agree to notify supercarthrills.com immediately of any unauthorized use of your Account.

3.3 The Platform reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Platform if you provide any information that is untrue, inaccurate, not current, or incomplete, or if supercarthrills.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete.

3.4 You must be at least 18 years old to register an Account and use the Platform. By creating an Account, you represent and warrant that you are 18 years of age or older.

3.5 Each User is permitted to have only one Account. Attempts to create multiple accounts may result in the suspension or termination of all associated accounts.

4. Acceptable Use Policy

4.1 You agree not to use the Platform for any purpose that is unlawful or prohibited by these Terms.

4.2 You shall not use the Platform to:

• Post or transmit any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party.
• Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the integrity or performance of the Platform or the data contained therein.
• Attempt to gain unauthorized access to the Platform or its related systems or networks.
• Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Circumvent or disable any security or technological features of the Platform.
• Collect or store any personally identifiable information from the Platform from other Users without their express permission.

4.3 Any unauthorized use of the Platform may result in immediate termination of your Account and legal action.

5. Experience Listings and Bookings

5.1 For Hosts: When creating an Experience listing, you agree to:

• Provide complete and accurate information about your Experience, including details, pricing, availability, and any specific requirements or restrictions.
• Ensure that your Experience complies with all applicable laws, regulations, and these Terms.
• Only list Experiences that you are legally authorized to offer and for which you have all necessary licenses, permits, and insurance.
• Communicate clearly and promptly with Guests regarding bookings and Experience details.
• Honor all confirmed bookings and provide the Experience as described in your listing.
• Not discriminate against any Guest based on race, origin, religion, gender, identity, disability, or any other protected characteristic.
• Not use the Platform to solicit or arrange off-Platform transactions for Experiences.

5.2 For Guests: When booking an Experience, you agree to:

• Review the Experience listing thoroughly, including all terms, conditions, and requirements, before booking.
• Provide accurate and complete information required for booking, including payment details.
• Adhere to all rules, policies, and instructions provided by the Host during the Experience.
• Treat Hosts and their property with respect.
• Not use the Platform to solicit or arrange off-Platform transactions for Experiences.

5.3 The Platform reserves the right to remove any Experience listing that violates these Terms or is deemed inappropriate or harmful.

5.4 All bookings are subject to the Host's availability and acceptance. A booking is not confirmed until you receive a confirmation notice from supercarthrills.com.

5.5 Hosts are solely responsible for the Experiences they offer. The Platform does not endorse any Host or Experience and disclaims all liability for any acts or omissions of any Host or Guest.

6. Payments and Fees

6.1 The Platform uses third-party payment processors to facilitate transactions on the Platform. By using the Platform, you agree to be bound by the terms and conditions of our payment processors, in addition to these Terms.

6.2 For Guests: When you book an Experience, you agree to pay the total price displayed, including the Experience price set by the Host, applicable taxes, and any supercarthrills.com booking fees. A deposit (the supercarthrills.com booking fee) will be paid directly to supercarthrills.com, and the remaining balance will be owed directly to the Host at the time and manner agreed upon between you and the Host.

6.3 For Hosts: You will receive the full amount you listed for your Experience directly from the Guest, minus any applicable taxes or deductions you are responsible for. The Platform will collect its booking fee directly from the Guest as part of the total price. The exact fee structure will be clearly communicated to you when you list an Experience.

6.4 All fees are non-refundable unless otherwise stated in our Cancellation and Refund Policy.

6.5 You are responsible for all taxes associated with your use of the Platform, including any income tax or VAT related to earnings as a Host.

6.6 The Platform reserves the right to change its booking fees at any time, provided that such changes will not affect bookings already confirmed prior to the effective date of the change.

7. Cancellations and Refunds

7.1 Cancellation by Guest: Cancellation policies for Experiences are set by individual Hosts. Guests should review the specific cancellation policy for each Experience before booking. The Platform will process refunds for the booking fee according to the Host's stated policy.

7.2 Cancellation by Host: If a Host cancels a confirmed booking, supercarthrills.com will notify the Guest and provide a full refund of the booking fee paid to supercarthrills.com for that booking. Hosts may be subject to penalties, including a negative impact on their listing rank or account suspension, for frequent cancellations.

7.3 Extenuating Circumstances: In certain unforeseen and uncontrollable circumstances (e.g., natural disasters, severe weather affecting the Experience, etc.), supercarthrills.com may, at its sole discretion, allow cancellations and refunds beyond the standard cancellation policies. Documentation may be required to support such claims.

7.4 Refund Process: Refunds, when applicable, will typically be processed within 5-10 business days to the original payment method used for the booking. The timing of the refund may depend on your bank or payment processor.

7.5 Booking fees charged by supercarthrills.com are generally non-refundable unless a cancellation is initiated by the Host or falls under extenuating circumstances as determined by supercarthrills.com.

8. User Content and Conduct

8.1 You are solely responsible for all User Content that you submit, post, upload, publish, or transmit through the Platform.

8.2 By providing User Content, you grant supercarthrills.com a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with the operation and promotion of the Platform and our business.

8.3 You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish and use the User Content as described in these Terms.

8.4 You agree not to post, upload, publish, submit, or transmit any User Content that:

• Is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive.
• Is defamatory, libelous, obscene, pornographic, vulgar, or offensive.
• Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group.
• Is violent or threatening or promotes violence or actions that are threatening to any person or animal.
• Promotes illegal or harmful activities or substances.
• Violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability.
• Infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy.

8.5 The Platform has the right, but not the obligation, to monitor, edit, or remove any User Content at its sole discretion, without notice.

9. Intellectual Property Rights

9.1 All Content on the Platform, excluding User Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of supercarthrills.com or its content suppliers and is protected by United Kingdom and international copyright laws.

9.2 The supercarthrills.com name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of supercarthrills.com or its affiliates or licensors. You must not use such marks without the prior written permission of supercarthrills.com.

9.3 Subject to your compliance with these Terms, supercarthrills.com grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its Content solely for your personal and non-commercial use, as permitted by the functionality of the Platform.

9.4 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform, use of the Platform, or access to the Platform for any commercial purpose without express written permission from supercarthrills.com.

9.5 If you believe that any Content on the Platform infringes your intellectual property rights, please contact us immediately with details of the alleged infringement.

10. Data Protection and Privacy

10.1 Your privacy is very important to us. Our Privacy Policy, available at https://supercarthrills.com/privacy, explains how we collect, use, store, and protect your personal data when you use the Platform. By using the Platform, you consent to our data practices as described in the Privacy Policy.

10.2 We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 regarding the processing of personal data.

10.3 You agree that supercarthrills.com may access, preserve, and disclose your Account information and User Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of supercarthrills.com, its Users, or the public.

10.4 The Platform takes reasonable measures to protect the security of your data, but we cannot guarantee the absolute security of your information transmitted to our Platform. Any transmission of personal information is at your own risk.

11. Platform Availability and Modifications

11.1 The Platform will use reasonable efforts to ensure the Platform is available, but does not guarantee continuous, uninterrupted, or error-free operation of the Platform. We may suspend, withdraw, discontinue, or change all or any part of our Platform without notice.

11.2 The Platform reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice at any time.

11.3 We may update these Terms from time to time. The "Last Updated" date at the top of these Terms will indicate when the latest changes were made. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

11.4 It is your responsibility to review these Terms periodically for changes. If you do not agree to any changes, you must stop using the Platform.

12. Disclaimer of Warranties

12.1 THE PLATFORM AND ALL CONTENT, EXPERIENCES, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 THE PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM AND ANY EXPERIENCES OR SERVICES OFFERED THROUGH IT.

12.3 THE PLATFORM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12.4 THE PLATFORM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT OR EXPERIENCES AVAILABLE THROUGH THE PLATFORM.

12.5 THE PLATFORM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM, INCLUDING HOSTS AND GUESTS, OR ANY EXPERIENCE OFFERED BY HOSTS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND FOR THE EXPERIENCES YOU BOOK OR OFFER.

13. Limitation of Liability

13.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUPERCARTHRILLS.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO:

• Your access to or use of, or inability to access or use, the Platform;
• Any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
• Any content obtained from the Platform; and
• Unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not supercarthrills.com has been informed of the possibility of such damage.

13.2 IN NO EVENT SHALL SUPERCARTHRILLS.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SUPERCARTHRILLS.COM FOR THE SPECIFIC EXPERIENCE GIVING RISE TO THE LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED POUNDS (£100) STERLING.

13.3 Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

14. Indemnification

14.1 You agree to indemnify, defend, and hold harmless supercarthrills.com, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your access to or use of the Platform;
• Your User Content;
• Your violation of these Terms;
• Your violation of any rights of another (including intellectual property rights or privacy rights);
• Your booking or offering of an Experience, including any injury, damage, or loss suffered by you or any third party during an Experience.

14.2 This indemnification obligation will survive the termination of these Terms and your use of the Platform.

15. Term and Termination

15.1 These Terms become effective upon your access to or use of the Platform and remain in full force and effect until terminated by you or supercarthrills.com.

15.2 You may terminate your Account at any time by contacting us at [email protected]. Termination of your Account will not relieve you of any obligations arising from prior bookings or agreements.

15.3 The Platform may terminate these Terms or suspend or terminate your Account and access to the Platform at any time, for any reason, with or without notice, including if we believe you have violated these Terms or acted in a manner inconsistent with the spirit of the Platform.

15.4 Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections 1 (Definitions), 8 (User Content and Conduct - as it relates to licenses), 9 (Intellectual Property Rights), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), 15 (Term and Termination), 16 (Dispute Resolution and Governing Law), 17 (General Provisions), 19 (Miscellaneous), and 20 (Contact Information) will survive any termination of these Terms.

16. Dispute Resolution and Governing Law

16.1 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 construed in accordance with the law of England and Wales.

16.2 Informal Resolution: In the event of any dispute arising out of or in connection with these Terms, the parties shall first attempt to resolve the dispute amicably through good-faith negotiations. Please contact us at [email protected] to initiate this process.

16.3 Jurisdiction: If an amicable resolution cannot be reached, you and supercarthrills.com agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

16.4 This does not affect your statutory rights as a consumer under the laws of your country of residence if you reside outside England and Wales. Where mandatory local law provides, certain consumer protection provisions of your local law may apply.

17. General Provisions

17.1 Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by supercarthrills.com on the Platform, constitute the entire agreement between you and supercarthrills.com regarding your use of the Platform.

17.2 Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17.3 No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and supercarthrills.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without supercarthrills.com's prior written consent. supercarthrills.com may assign or transfer these Terms at its sole discretion, without restriction.

17.5 Third-Party Rights: These Terms do not confer any rights on any third party, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18. Notices

18.1 Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by supercarthrills.com (i) via email to the email address associated with your Account, or (ii) by posting to the Platform.

18.2 For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For notices made by posting to the Platform, the date of publication will be deemed the date of receipt.

18.3 Any notices to supercarthrills.com must be sent to [email protected].

19. Miscellaneous

19.1 These Terms constitute the entire agreement between you and supercarthrills.com regarding their subject matter.

19.2 If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

19.3 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19.4 You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent.

19.5 These Terms do not create any agency, partnership, joint venture or employment relationship.