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Terms & Conditions
Welcome to the website of McLaren Automotive Limited (the “Website”).This website is owned and operated by McLaren Automotive Limited (“McLaren”). In these Website Terms & Conditions, when we refer to “we” or “our” or “us”, we mean McLaren Automotive Limited and McLaren Automotive Limited’s affiliates (including McLaren Automotive Asia Pte Ltd, McLaren Automotive Inc and Automotive Distribution (Shanghai) Company Limited).
The following Website Terms of Use, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of the Website including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.
Please read these Website Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Website Terms of Use and our Privacy Policy, contained on the Website, incorporated herein by reference. If you do not want to agree to these Website Terms of Use or the Privacy Policy, you must not access or use the Website.
OTHER APPLICABLE TERMS
Emissions Statement
The figures are provided in accordance with the German regulation 'PKW-EnVKV'. Further information on official fuel consumption figures and the official specific CO₂ emissions of new passenger cars can be found in the guide 'Information on the fuel consumption, CO₂ emissions and energy consumption of new cars', which is available free of charge at all sales dealerships, from DAT Deutsche Automobil Treuhand GmbH and at www.dat.de."
These Website Terms of Use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Cookie Policy, which sets out information about the cookies on our site.
- Any other policy and/or disclaimer included on the Website.
CHANGES TO THESE WEBSITE TERMS OF USE
We may revise and update these Website Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Website Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
INFORMATION ABOUT US
McLaren is registered in England and Wales with registered company number 01967717 and with its registered office at McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH. McLaren’s VAT number is GB 974 8370 73.
ACCESSING THE WEBSITE
We may suspend all or part of the Website or your access to it from time to time, for various reasons, including, but not limited to, (i) maintenance procedures or repairs performed by us; (ii) equipment failures; (iii) congestion of the network; or (iv) interruption of telecommunication or digital transmission links. You acknowledge and agree that we are not liable for these periodic interruptions to the Website.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Website Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
DISCLAIMER
The views and opinions contained on the Website are not necessarily ours or any of our affiliates, subsidiaries or any company within the McLaren Technology Group Limited group of companies.
The content included on the Website is only for general information only and is provided on an “as is” and “as available” basis. We have made every effort to ensure the accuracy of the information contained on the Website, however, mistakes can occur and We accept no responsibility for any reliance on any of the information listed on the Website including but not limited to inaccuracies, mistakes, errors, omissions, delays, or any other deficiencies in the Website and its content and the Website should not be regarded as an infallible guide to our products and services.
Any reference on the Website to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of national speed limits.
We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no way obligation to update the Website.
You are advised to check vehicle specification, pricing and aftersales details with your official McLaren Retailer. Colour samples are intended as a guide only.
VEHICLE CONFIGURATORS, SPECIFICATIONS AND AVAILABILITY
You may use any McLaren vehicle application and configurator that is accessible via the Website. You should note that these are intended to provide an indication of the various specifications and finishes that are available for McLaren’s vehicle range. All information, illustrations and specifications in our configurators and other applications are based on data available and are correct at the time of issue. The availability of options may vary from market to market due to local restrictions and regulations. Some illustrations in these applications may not necessarily reflect the specifications or options available in your local market and may show optional equipment. The specifications contained in these applications are for information purposes only and we reserve the right to change product specifications at any time without notice or incurring obligation. For full specification details and information on standard and optional equipment, please consult your authorised McLaren Retailer.
For the availability of McLaren’s vehicle range in specific countries, as well as specific options, pricing and combinations, please consult a McLaren Retailer sales person at the time of ordering.
PRODUCTS AND SERVICES
The provision of details of products and services on the Website are not, and should not be construed as, an offer to sell or supply such products or services, and the seller or supplier may always accept or reject your offer at its sole discretion.
All products and services on the Website are subject to availability and may be withdrawn without notice. All products and services and all prices are also subject to change without notice.
All pre-owned and used vehicles advertised on the Website are sold as seen including any damage or faults.
VEHICLE AND OPTION AVAILABILITY
For the availability of McLaren’s vehicle range in specific countries, as well as specific options, pricing and combinations, please consult a McLaren Retailer sales person at the time of ordering.
INTELLECTUAL PROPERTY
We own or have a license to use of all intellectual property rights on and/or in the Website, and any material or trademarks published on it. All such works are protected by trademark protection and copyright laws and we reserve all such rights. Other trademarks, products and company names mentioned on the Website may be the trademarks of their respective owners or licensors and the rights in such trademarks are reserved to their respective owners or licensors.
You must not print off, download, copy or use any content on the Website or download any extracts, of any page(s) from the Website for commercial purposes without a valid licence to do so.
If you print off, download, copy or download any part of the Website for personal use, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Breach of these Website Terms of Use, could result in your right to use the Website being terminated and you being requested, at our option, return or destroy any copies of the materials you have made.
TRADEMARKS
The McLaren name, any McLaren company registered trade mark or community registered design, the McLaren logo and all related names, logos, product and service names, designs and slogans are trademarks of McLaren or its affiliates or the McLaren Technology Group company or its affiliates, or McLaren’s licensors. You must not use such marks without the prior written permission of McLaren. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
VIRUSES AND USE OF WEBSITE SOFTWARE
We do not guarantee that the Website will be secure or free from bugs or viruses.
The software downloads from the Website have been thoroughly scanned and tested at all stages of production but (as with all new software) we recommend that you run a virus protection software before use. We also recommend that you have an up-to-date backup of your hard disk before using any software on the Website. You are responsible for any configuration of your equipment required to use the Website.
We cannot accept responsibility for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software or the Website. You should consult your network administrator prior to installing any software on a networked computer.
You must not misuse the Website by knowingly introducing viruses, trojans, worms or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
CONTACT AND OPT-OUT INFORMATION
Please contact us if you would like to make corrections to any personal data you have provided to us or if you no longer wish to receive future correspondence from us or wish to withdraw your consent to sharing your personal data with others.
The contact details are as follows: [email protected]
Please include your name and address so we are able to easily identify you.
If you would prefer to contact us via post please send any correspondence to the below address:
Client services
McLaren Technology Centre
Chertsey Road
Woking
Surrey
GU21 4YH
LINKING TO THE WEBSITE
You may link to this website for non-commercial purposes provided that you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. We reserve the right to remove this permission at any time. You must not link to the Website in such a way as to suggest any association or endorsement on our part that does not exist. We do not give permission to frame the Website on any other site.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
NO WARRANTY
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 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 due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or any website linked to it.
Your use of the Website, its content and any services or items obtained through the Website are provided on a “as is” and “as available” basis, without any warranties of any kind, either expressed or implied. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the Website, its content or any services or items obtained thought the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
We hereby disclaim all warranties of any kind, whether expressed or implied, statutory or otherwise, included but not limited to any warranty of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranty which cannot be excluded or limited under applicable law.
LIMITATION OF OUR LIABILITY
Nothing in these Website Terms of Use shall exclude or in any way limit our liability for (i) fraud, (ii) death or personal injury caused by us or our contractors', agents' or employees' negligence (including negligence as defined in s. 1 Unfair Contract Terms Act 1977), (iii) breach of terms regarding title implied by s.12 of the Sale of Goods Act 1979 and/or s.2 of the Supply of Goods and Services Act 1982, or (iv) any liability to the extent the same may not be excluded or limited as a matter of law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage.
JURISDICTION
The construction validity and performance of these Website Terms of Use and all non-contractual obligations arising from or connected with these Website Terms of Use shall be governed by the laws of England and Wales. Any disputes arising here from shall be governed by the exclusive jurisdiction of the courts of England and Wales. If any of these Website Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Website Terms of Use are intended to be effective, it shall be severed and deleted from this clause. All other Terms of Use and Terms & Conditions shall remain in full force and continue to be binding and enforceable. We reserve the right to revise and amend these Website Terms of Use from time to time. You agree to be bound by the Website Terms of Use as displayed at the time you use the Website.
If you do not accept these Website Terms of Use in full, you must stop using this Website immediately.
SMARTPHONE AND TABLET APPLICATIONS
For our end user licences for McLaren Smartphone and Tablet Applications please click on the following:
McLaren P1 App http://cars.mclaren.com/eul-p1.html
McLaren 570S App http://cars.mclaren.com/eul-570s.html
McLaren 650S App http://cars.mclaren.com/eul-650s-ar-app.html
McLaren 650S iBrochure http://cars.mclaren.com/EUL-650S-ibrochure
Copyright © 2021 McLaren Automotive Limited. All Rights Reserved. Unless permitted by these Website Terms of Use, no part of the Website may be reproduced without written consent of McLaren Automotive Limited.
TERMS AND CONDITIONS
1. DEFINITIONS
"Event Programme" means the purchase and/or participation in one or more McLaren Automotive Events Limited event;
"we / our / us" means McLaren Automotive Events Limited;
"you / your" means the individual who is purchasing the Event Programme; and
"Participant" means each individual intending to participate in an Event Programme.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1. We are McLaren Automotive Events Limited, a company registered in England and Wales. Our company registration number is 09797945 and our registered office is at McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH. Our UK VAT number is 238 5747 72.
2.2. You can contact us by telephoning our Client Services Team at +44 (0) 1483 262035 or by writing to us by email at [email protected] or by post at McLaren Automotive Events Limited, McLaren Experience Events Team, McLaren Technology Centre, Chertsey Road, Woking, Surrey GU21 4YH.
3. HOW WE MAY CONTACT YOU
3.1. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
4. OUR CONTRACT WITH YOU
4.1. Our acceptance of your order will take place when we contact you to accept your place on the Event Programme, at which point a contract will come into existence.
4.2. If we are unable to accept your order, we will inform you of this and will not charge you for the Event Programme.
4.3. The quantity and description of the Event Programme shall be as set out, or referred to, in our brochures, on our website or in your order.
4.4. The descriptions and images contained in our brochures, price lists, websites and other leaflets produced by us or on our behalf are for illustrative purposes only and are not binding on us.
4.5. You are not permitted to assign or transfer your order (or any part of your order) to any other person without the prior written consent of McLaren.
5. THE EVENT PROGRAMME
5.1. Purchase of the Event Programme entitles you, and each Participant you have purchased the Event Programme on behalf of, the right to participate in that Event Programme only. We may sell and you may purchase additional events in accordance with these terms, which shall govern the supply by us to the you of any additional events. Such additional events shall be charged at the price set out on the relevant order for such additional events.
5.2. With our prior written consent, you may, at your own cost, invite guests to the Event Programme.
5.3. You and each Participant agree to:
5.3.1. participate in the Event Programme only in accordance with the contract;
5.3.2. not knowingly infringe any rule or regulation of the Event Programme;
5.3.3. at your own expense, obtain and maintain for as long as is relevant adequate travel insurance; and
5.3.4. at your own expense, obtain and maintain for as long as is relevant adequate insurance in respect of, (i) your vehicle and (ii) all use of your vehicle (including use pursuant to the Event Programme) and provide a copy of such policies to McLaren on request.
5.4. Unless otherwise stated in our brochure or on our website, you and each Participant must be over eighteen (18) years of age and hold a full and valid driving licence to participate in the Event Programme.
5.5. By purchasing the Event Programme, you and each Participant voluntarily agree to drive the vehicles and/or otherwise participate in the Event Programme. You and each Participant acknowledge that partaking in the Event Programme and driving in high performance vehicles is hazardous and that you and each Participant are voluntarily exposing yourself to risk of damage or loss or personal injury by participating in the Event Programme. You and each Participant acknowledge that any insurance carried by us and/or any event location organiser in respect of any liability which might arise out of the Event Programme will be limited and that you and each Participant-s motor, third party and public liability insurance (if any) is unlikely to cover losses, liabilities or personal injury.
5.6. You and each Participant agree not to make any claim against us, or any of our associated companies or our or their employees in respect of any injury, loss or damage suffered by any you or any Participant during the Event Programme and to indemnify us and our employees against any injury, loss, damage and costs and expenses (including legal costs and expenses) arising out of any claim made against us by anyone to the extent that such injury, loss, damage and costs and expenses is/are attributable, directly to your or each Participant's attendance at the Event Programme.
5.7. You and each Participant must sign our standard indemnity form before participating in the Event Programme.
5.8. You and each Participant consents to being photographed at the Event Programme, to filming and sound recording at the Event Programme and to the use of such photographs and/or recordings in any marketing or promotional materials, on our website and in any broadcast or publication in any territory in the world.
5.9. You and each Participant consents to comply with all COVID-19 precautionary measures set out by McLaren Experiences, including completing any necessary health declarations required pre-event.
6. PRICE
6.1. The price of the Event Programme (Which does include VAT) will be the price displayed on our website or in our brochure unless we have agreed another price with you in writing. We do our best to ensure that the prices of the Event Programmes advertised to you are correct. However, please see Clause 6.3 below for what happens if we discover any error in the price of the Event Programme you order.
6.2. If the rate of VAT changes between your order date and the date we provide the Event Programme, we will adjust the rate of VAT you pay, unless you have already paid for the Event Programme in full before the change in the rate of VAT take effect.
6.3. It is possible that, despite our best efforts, some of the Event Programmes we offer for purchase may be incorrectly priced. We will usually check prices before accepting your order so that where the correct price of the Event Programme at your order date is less than our stated price at your order date, we will charge you the lower amount. If the correct price of the Event Programme at your order date is higher than the price stated, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and refuse participation in the Event Programme.
6.4. We will invoice you for the balance of the price for the Event Programme following acceptance of your order. You must pay each invoice within seven (7) calendar days after the date of the invoice.
6.5. If you do not pay for the balance of the price for the Event Programme in accordance with Clause 6.4 above, we may charge interest to you on the overdue amount at the rate of 4% (four percent) per year above the base rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest with any overdue amount.
6.6. If you think we have made an error on our invoice, please contact us promptly to let us know. You will not be charged any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
7. CANCELLATION POLICY
7.1. If you are ending the contract for one of the reasons set out in Clauses 7.1.1 - 7.1.4 below the contract will end immediately and we will refund you in full including the non-refundable deposit if applicable for the portion of the Event Programme which has not been properly provided to you. The relevant reasons are as follows:
7.1.1. we have told you about a substantial change to the Event Programme or these terms which you do not agree to;
7.1.2. we have told you about a significant error in the price or description of the Event Programme you have ordered and you do not wish to proceed;
7.1.3. there is a risk the Event Programme (or part of it) may be significantly delayed because of an event outside of our control and we have notified you of this; or
7.1.4. we suspend the Event Programme (or part of it) for technical reasons, or notify you we are going suspend it for technical reasons and in each case for a significant period of time.
7.2. If you wish to cancel your event order because of the Covid-19 pandemic, you may be entitled to a refund for any costs paid directly by you to McLaren as part of the Event Programme, including the non-refundable deposit if applicable. You will be entitled to a refund in the following situations:
7.2.1. The government of the country in which the event is due to take place enforces a lockdown in that country over the period of the event due to the Covid-19 global pandemic.
7.2.2. The government of the country in which the event is due to take place prohibits all bar essential travel from your departure country to the event due to the Covid-19 global pandemic.
7.2.3. Please note, it is your responsibility to have read and understood the destination country’s travel requirements. If travel to the destination country is possible, but you are unable to travel due to inadequate or missing Covid-19 related documentation or certification (such as mandated Covid-19 test results, or your vaccination status), you will NOT be entitled to a refund.
7.3. If you break the contract or wish to cancel your (Pure McLaren event) order for reasons other than as set out in Clauses 7.1 and 7.2, the contract will end immediately and we may charge you the following:
7.3.1. a refund of one hundred percent (100%) will be given for cancellations received ninety (90) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable;
7.3.2. a refund of seventy five percent (75%) will be given for cancellations received between sixty one (61) days and eighty nine (89) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable;
7.3.3. a refund of fifty percent (50%) will be given for cancellations received between thirty one (31) days and sixty (60) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable; and
7.3.4. no refund including the non-refundable deposit if applicable will be issued for cancellations received within thirty (30) days of the event, nor failure to attend.
7.4. If you break the contract or wish to cancel your (Lifestyle event) order for reasons other than as set out in Clauses 7.1 and 7.2, the contract will end immediately and we may charge you the following:
7.4.1. a refund of one hundred percent (100%) will be given for cancellations received one hundred and twenty (120) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable;
7.4.2. a refund of seventy five percent (75%) will be given for cancellations received between ninety one (91) days and one hundred and nineteen (119) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable;
7.4.3. a refund of fifty percent (50%) will be given for cancellations received between sixty one (61) days and ninety (90) days prior to the start of the Event Programme excluding the non-refundable deposit if applicable; and
7.4.4. no refund including the non-refundable deposit if applicable will be issued for cancellations received within sixty (60) days of the event, nor failure to attend.
7.5. We may end the contract with you at any time by informing you in writing if you break any obligation in the contract, including, but not limited to, if you:
7.5.1. do not make any payment due and you still do not make payment within [x] days of us reminding you that payment is due;
7.5.2. do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Event Programme; or
7.5.3. you break any obligation set out in Clauses 5.2, 5.3, 5.4, 5.5 and 5.6 above.
7.6. If we cancel the Event Programme at any time for any reason other than set out in clause 8.3, the contract will end immediately and we will refund you in full for any costs paid directly by you to McLaren as part of the Event Programme, including the non-refundable deposit if applicable.
8. PROVIDING THE EVENT PROGRAMME
8.1. The Event Programme will take place on the date(s) set out in your order.
8.2. We may change and/or suspend the Event Programme to:
8.2.1. reflect a change in relevant laws and/or regulatory requirements;
8.2.2. implement minor technical adjustments and/or improvements; or
8.2.3. reflect any changes to the Event Programme as requested by you or notified by us to you.
8.3. In the event that we are unable to supply the Event Programme to you in accordance with these Terms and Conditions or such supply is cancelled or disrupted in any way, we shall not be liable to the extent that such failure to supply is due to an event of force majeure, including (but not limited to) war, fire, floods, accidents, civil disturbance, war, acts of government, governmental regulations, strike, lock-out, labour disputes, transportation difficulties, insurrection, earthquake, riot, or depletion of stocks of raw materials. If the performance of the Event Programme (or any part of the Event Programme) is affected in accordance with this clause then we will contact you as soon as possible to let you know.
8.4. We may require certain information from you so that we can provide the Event Programme to you. If you do not, within a reasonable time of us requesting it, provide us with such information, or you provide us with incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the Event Programme late or not providing any part of the Event Programme on time if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1. 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. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
9.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
10. DATA PROTECTION
10.1. In the course of the supply of the Event Programme, we may collect certain personal information about you and each Participant including personal details, financial details and information about yours and each Participant's health. We will use the personal information that you and each Participant provides to us to:
10.1.1. provide the Event Programme;
10.1.2. process your payment for the Event Programme; and
10.1.3. inform you and each consenting Participant of future invitations, news and information regarding our current and future product range and services, which we think may be of interest to you and each of the consenting Participants.
10.2. We will limit access to the processing of and use of personal information to our employees who may, from time to time, require its use for marketing or other services. In addition, from time to time, we may need to make personal information available to third parties such as legal authorities, our associated companies, selected business partners (including our authorised dealers and authorised repairers in yours and each consenting Participant-s local region or country) who may contact you or each consenting Participant regarding goods and services which may be of interest) and professional advisors. We may also request that you or each consenting Participant participates in one or more customer satisfaction surveys and we agree to respect privacy and personal data will be used in accordance with our privacy policy, a copy of which is available upon request or on our website http://cars.mclaren.com/home.html.
10.3. You and each consenting Participant should contact us if you or they have any questions or concerns about how we will use and store yours or their personal information or if you or they wish to exercise yours or their right to access, modify, object to the use of or request the deletion of your/their personal information. If at any time you or each consenting Participant no longer wishes to receive such communications from us, you or they should contact us in writing at Client Services, McLaren Automotive Limited, McLaren Technology Centre, Chertsey Road, Woking, Surrey, GU21 4YH.
11. INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY
11.1. All intellectual property rights in the Event Programme shall belong to us and/or our licensor (as the case may be).
11.2. You, each Participant and each guest agrees not to use:
11.2.1. our name, logo or any other of our intellectual property rights;
11.2.2. the name, logo or any other intellectual property rights of any of our authorised partners or sponsors; or
11.2.3. the name or image of any vehicle, building, driver or employee of our or any of our associated companies, without our prior written consent.
11.3. You agree not to make adverse comments (oral or written (including statements made on social networking sites such as Twitter and Facebook)) about the Event Programme or us or our associated companies or our respective sponsors or employees which may bring any of them into disrepute.
11.4. We and our associated companies shall have the unconditional right to use images (still or moving) of you and the Event Programme in any and all forms of advertising and promotions in all media.
12. OTHER IMPORTANT TERMS
12.1. We may transfer our rights and obligations under these terms to another organisation.
12.2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.3. Each paragraph 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.
12.4. 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 or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Event Programme, we can still require you to make the payment at a later date.
12.5 We reserve the right, in our sole discretion and without requiring agreement from you, to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website https://cars.mclaren.com/en/terms-and-conditions/experiences. It is your responsibility to check this page periodically for changes.
12.6. These terms are governed by English law and you can bring legal proceedings in respect of the Event Programme in the English courts.
1. GENERAL
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR EVENT TICKETS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR PURCHASE EVENT TICKETS FROM THIS WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
These terms and conditions (these "Terms") apply to the purchase and sale of tickets through the McLaren Experiences website (the "Site") for the event(s) described therein (the "Event"). These Terms are subject to change by McLaren Automotive Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any Event tickets that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 8).
2. ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all Event tickets listed in your order. All orders must be accepted by us or we will not be obligated to sell the Event tickets to you. We may choose not to accept orders at our sole discretion. A binding contract shall only be formed upon us issuing a written order confirmation by email.
3. PRICES AND PAYMENT TERMS
a. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for an Event ticket will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All such taxes will be added to your total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
b. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
c. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. Payments must be made using our selected third party online payment platform.
4. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
a. We will arrange for delivery of the products to you by email.
b. Risk and title shall pass on payment in full. Please ensure the email address you provide is correct and check your junk mail folder. We are not responsible for failed delivery.
5. CANCELLATIONS
a. We may terminate the contract or amend the Event details by providing at least 28 days’ written notice to you. If we terminate the contract, or if we amend the Event details and you confirm to us in writing that you no longer with to attend, we will refund you in full for the price paid.
b. If you wish to cancel your order, you must notify us in writing. If you notify us in writing that you wish to cancel your order, the contract will be terminated immediately and the following terms shall apply:
i. A refund of one hundred percent (100%) will be given for cancellations received ninety (90) days prior to the start of the event;
ii. a refund of seventy five percent (75%) will be given for cancellations received between sixty one (61) days and eighty nine (89) days prior to the start of the Event;
iii. a refund of fifty percent (50%) will be given for cancellations received between thirty one (31) days and sixty (60) days prior to the start of the Event; and
iv. no refund will be issued for cancellations received within thirty (30) days of the Event, nor failure to attend.
c. If you wish to cancel your order because of the Covid-19 pandemic, you may be entitled to a refund for any costs paid directly by you to McLaren as part of the Event. You will be entitled to a refund in the following situations:
i. The government of the country or state in which the Event is due to take place enforces a lockdown in that country or state over the period of the Event due to the Covid-19 global pandemic.
ii. The government of the country or state in which the Event is due to take place prohibits all bar essential travel from your departure country or state to the Event due to the Covid-19 global pandemic.
iii. Please note, it is your responsibility to have read and understood the destination country or state’s travel requirements. If travel to the destination country or state is possible, but you are unable to travel due to inadequate or missing Covid-19 related documentation or certification (such as mandated Covid-19 test results, or your vaccination status), you will NOT be entitled to a refund.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE EVENT TICKETS YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
7. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying event tickets from the Site for your own personal or household use only, and not for resale or export.
8. PRIVACY
We respect your privacy and are committed to protecting it. Our Privacy Policy, which is available at: www.cars.mclaren.com/gb-en/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.
9. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. GOVERNING LAW AND JURISDICTION
This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION.
a. YOU AND MCLAREN AUTOMOTIVE INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
b. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
c. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
d. YOU AGREE TO AN ARBITRATION ON AN INDIVIDUAL BASIS. IN ANY DISPUTE, NEITHER YOU NOR MCLAREN AUTOMOTIVE INC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
12. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of McLaren Automotive Inc..
14. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
15. NOTICES
We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to The President, McLaren Automotive Inc., 1405 South Beltline Road, Suite 100, Coppell, Texas 75019. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
16. SEVERABILITY
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. ENTIRE AGREEMENT
Our order confirmation, these Terms, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.
