PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING PASS CONCIERGE

This page (together with the documents referred to in it) sets out the terms of use (the "Terms of Use") in accordance with which you may use PASS Concierge under the domain name www.rcapass.com (the "Concierge Portal").

The Privilege Access Swipe System ("PASS") allows exclusive complimentary racecourse access for card holders. The system is designed to ensure quick and easy access to racecourses when required through the use of an access card (the "PASS Card"). It also helps racecourses to enhance PASS Card holders’ raceday and pre-arrival experience. The Concierge Portal is the online means by which PASS Card holders can access and manage their details on the PASS system.

Please read these Terms of Use carefully before you start to use the Concierge Portal. By using the Concierge Portal, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Concierge Portal.
  1. INFORMATION ABOUT US

    2. The Concierge Portal is operated by The Racecourse Association Limited ("we", "us", or "our"), the trade association for Britain’s racecourses. We are a company registered in England and Wales (company number 00093447) whose registered office is at Winkfield Road, Ascot, Berkshire, SL5 7HX.

  2. ACCESSING THE CONCIERGE PORTAL

    3. The Concierge Portal is made available to you by us. While we make every effort to ensure that the Concierge Portal is available, we do not represent, warrant or guarantee in any way the Concierge Portal’s continued availability at all times or uninterrupted use by you of the Concierge Portal. We will not be liable if, for any reason, the Concierge Portal is unavailable at any time or for any period.

    From time to time, we may restrict access to some or all parts of the Concierge Portal.

    As a condition of your use of the Concierge Portal, you agree:

    1. not to use the Concierge Portal for any purpose that is unlawful under applicable law, or prohibited by these Terms of Use;
    2. not to defame, disparage any person or in a manner which is obscene, derogatory or offensive; and
    3. to be responsible for ensuring that your use of the Concierge Portal is consistent with all applicable laws and regulations.

    You are responsible for making all arrangements necessary for you to have access to the Concierge Portal. You are also responsible for ensuring that all persons who access the Concierge Portal through your internet connection are aware of these Terms of Use, and that they comply with them.

  3. YOUR USER ACCOUNT

    4. If you are a PASS Card holder you will be provided with log-in details for the Concierge Portal. You will be provided with a system-generated password which you can change once you have logged in to the Concierge Portal for the first time.

    You are responsible for keeping your username and password secret and for preventing unauthorised access to your account. You are responsible for all activities that occur using your account. You should take all necessary steps to ensure that your username and password are kept secret and secure and should change your password by using the appropriate function within the Concierge Portal. You should also inform us immediately via the Concierge Portal's Helpdesk function or by email to pass@weatherbys.co.uk if you have any reason to believe that your username and/or password have become known to anyone else, or if your account is being, or is likely to be, used in an unauthorised manner.

    You must ensure that the details you provide us with are correct, complete and not inappropriate in any way. You must not impersonate any other person or entity or use a false name or a name that you are not authorised to use. You agree to inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provide to us within the appropriate area of the Concierge Portal.

    The Concierge Portal provides you with an opportunity to upload a photograph of yourself. We will deal with these photographs in accordance with our Privacy and Cookies policy. We may share these photographs with racecourses for identity verification purposes.

    We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to properly comply with any of the provisions of these Terms of Use.

  4. TICKETS FOR RACEDAYS

    5. As a PASS Card holder, you can use the Concierge Portal to arrange use of your complimentary raceday tickets for yourself and for your guests. We offer you and your guests a range of methods to obtain your tickets. The particular options offered at any specific time may depend on a range of factors. We generally offer the following options:

    1. Post: We will dispatch your PASS Card by post to the address you have provided either to the British Horseracing Authority or to us, for those not included on the British Horseracing Database. Please ensure that you have provided the correct delivery address.
    2. Print-at-home: In most cases we allow you to print your own ticket. If you select this option, you must ensure that you print the ticket clearly on A4 paper and carry the ticket with you when you attend a raceday event. Where you select this option for guest tickets we will ask you to provide contact details for your guests so that they can print their tickets at home. At all times we will treat such contact details in accordance with our Privacy and Cookies policy.
    3. Collect at the Gate: Where not printed at home, tickets can be collected at the racecourse entrance. Guest tickets cannot be issued at the gate without the PASS Card holder present, unless their name has been provided in advance via www.rcapass.com.

    If you wish to purchase any additional tickets you will be directed to the relevant racecourse’s external website where ticket purchases can be made. We have no control over the contents of external websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to from the Concierge Portal, you do so entirely at your own risk.

    Entry to each racecourse is subject to the Terms and Conditions of Entry at that racecourse. You and your guests may be asked to provide additional identification when you presenting a PASS Card and/or tickets at racecourses. Corporate PASS Card holders must carry company identification or a letter of introduction along with the Corporate PASS Card in order to gain access. Your PASS Card is your access to the racecourse and without it you may not be granted complimentary access when entitled to it so please keep your PASS Card safe at all times. Please refer to the PASS Card Terms and Conditions for more information.

  5. REPLACING LOST PASS CARDS

    6. If your PASS Card is lost, stolen or damaged we ask that you report this through the Concierge Portal immediately. You can then use the Concierge Portal to replace lost PASS Cards. We reserve the right to charge for replacement of lost, stolen or damaged PASS Cards.

  6. RELIANCE ON INFORMATION POSTED

    7. Information, commentary and other materials contained within the Concierge Portal or provided through links from the Concierge Portal are for general information only and are not intended to amount to professional advice on which reliance should be placed. We do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Concierge Portal, or by anyone who may be informed of any of its contents.

  7. THE CONCIERGE PORTAL MAY CHANGE

    8. We aim to update the Concierge Portal on a regular basis, and may change the content at any time. If the need arises, we may suspend access to the Concierge Portal, withdraw the Concierge Portal or parts of it, or close it indefinitely. Any of the material on the Concierge Portal may be out of date at any given time, and we are under no obligation to update such material.

  8. INFORMATION ABOUT YOU AND YOUR VISITS TO THE CONCIERGE PORTAL

    9. The Concierge Portal uses cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. For more information about what cookies we use, how we use them and also how we process your personal information please see our Privacy and Cookies policy.

    By using the Concierge Portal, you consent to us processing your personal information in accordance with our Privacy and Cookies policy and you warrant that all personal information, including personal information relating to third parties such as your guests, provided by you is accurate. Where you provide us with personal information relating to third parties you warrant that you have the relevant individual's permission to share that information with us.

    In order for you to use the Concierge Portal we need to share some of your personal information with individual racecourses. Where we do share information in this way, we will share the minimum information necessary to allow the racecourses to:

    1. see who is entitled to complementary access at their raceday and manage complementary badge allocation;
    2. send print-at-home tickets to you if you have requested this;
    3. send invitations to racedays to you; and
    4. generate post-raceday reports on attendance.

    Your personal information stored on the British Horseracing Authority (BHA)'s database will be updated when you update your personal information within the Concierge Portal.

    At all times such sharing of your personal information will be undertaken in accordance with our Privacy and Cookies policy and with any consents provided by you when you supplied your personal information.

  9. VIRUSES, HACKING AND OTHER OFFENCES

    10. You must not misuse the Concierge Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Concierge Portal, the server on which the Concierge Portal is stored or any server, computer or database connected to the Concierge Portal. You must not attack the Concierge Portal via a denial-of-service attack or a distributed denial-of-service attack.

    You access the Concierge Portal and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material.

  10. LINKING TO THE CONCIERGE PORTAL

    11. You may link to the Concierge Portal, provided you do in a way that is fair and legal and does not damage our reputation or take advantage of it. 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 must not establish a link from any website that is not owned by you.

    The Concierge Portal must not be framed on any other site, nor may you create a link to any part of the Concierge Portal other than the home page. We reserve the right to withdraw linking permission without notice.

    If you wish to make any use of the material on the Concierge Portal other than that set out above, please contact us via the Concierge Portal's Helpdesk function or address your request to pass@weatherbys.co.uk.

  11. LINKS FROM THE CONCIERGE PORTAL

    12. Where the Concierge Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. It will be made clear to you when you are leaving the Concierge Portal. For example, at several points within the Concierge Portal you may be directed to external websites operated by individual racecourses in order to:

    1. purchase additional tickets;
    2. send a request to a racecourse; and
    3. obtain information relating to events for which you hold tickets.

    We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to from the Concierge Portal, you do entirely at your own risk.

    Links to third party websites from the Concierge Portal are provided solely for your convenience. If you use these links, you acknowledge that you are leaving the Concierge Portal.

  12. OUR LIABILITY

    13. The material displayed on the Concierge Portal is provided without any guarantees, conditions or warranties as to its accuracy, completeness, timeliness or as to the satisfactory quality or fitness for particular purpose. You agree that your use of the Concierge Portal is on an ‘as is’ and ‘as available’ basis. To the fullest extent permitted by law, we hereby expressly exclude:

    1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
    2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Concierge Portal or in connection with the use, inability to use, or results of the use of the Concierge Portal, any websites linked to it and any material posted on it, including, without limitation any liability for:
      1. loss of income or revenue;
      2. loss of business;
      3. loss of profits or contracts;
      4. loss of anticipated savings;
      5. loss of data;
      6. loss of goodwill;
      7. wasted management or office time; and
      8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

  13. INDEMNITY

    14. If you are in breach of any of these terms, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.

  14. INTELLECTUAL PROPERTY RIGHTS

    15. We are the owner or the licensee of all intellectual property rights in the Concierge Portal, and in the material published on it. Those works are protected by laws and treaties around the world. All such rights are reserved.

    Our status (and that of any identified contributors) as the authors of material on the Concierge Portal must always be acknowledged.

    The Concierge Portal is for your personal and non-commercial use. You must not modify, copy, distribute, transmit, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from any part of the materials on the Concierge Portal without obtaining a licence to do so from us or our licensors.

    You may print material from the Concierge Portal or download material from the Concierge Portal to your local hard disk provided that in all cases it is for your personal use only, or for personal access by others within your organisation.

    When you upload your photograph to the Concierge Portal, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use and display that photograph in connection with the Concierge Portal subject to the terms of our Privacy and Cookies policy.

    Nothing in these Terms of Use grants you any rights in the Concierge Portal or the content within the Concierge Portal. If you breach these Terms of Use, your right to use the Concierge Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  15. VARIATIONS

    16. We may revise these Terms of Use at any time by amending this page without notifying you. By continuing to use and access the Concierge Portal you agree to be bound by any variation made by us. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Concierge Portal.

  16. JURISDICTION AND APPLICABLE LAW

    17. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Concierge Portal or any aspect relating to use of your personal information under our Privacy and Cookies policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

    These Terms of Use and our Privacy and Cookies policy 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 laws of England.

  17. YOUR CONCERNS

    18. Should you have any questions about the Concierge Portal or if you have any concerns about material which appears on the Concierge Portal, please contact us via the Concierge Portal's Helpdesk function or by emailing us at pass@weatherbys.co.uk.