Please read this document carefully as the terms below apply to your Membership
In particular, we ask you to note the following:
Your Membership will automatically renew annually on each anniversary of your first purchase. McLaren will remind you of the renewal in advance so you can cancel. Please see paragraph 5 for further details.
Membership is available only on a one Membership per person basis and you must meet certain eligibility requirements, such as age. McLaren may cancel your membership if you do not meet these requirements.
Not all benefits will be available in all countries. For example, some competitions will not be available everywhere.
Membership does not guarantee that you will be entitled to receive tickets to any particular event.
Additional terms will apply to certain benefits, such as competitions and events.
You should inform us of any changes to your contact details, such as changes to your address or payment details.
You have the right to cancel your Membership within 14 days from the date of purchase or renewal (as applicable) and receive a full refund. Please refer to paragraph 6 for further details.
McLaren has certain rights to suspend or cancel your Membership. Please see paragraph 7 for details.
Part A – General Terms
1. Who We Are and What this Agreement Does
1.1. For the purposes of these terms and conditions, references to “McLaren”, “we”, or “us” shall mean McLaren Racing Limited (registered in England and Wales under company number 01517478) with its registered office at the McLaren Technology Centre, Chertsey Road, Woking.
1.2. This agreement is made between McLaren and the purchaser of a Membership (“you”, or “Member”).
1.3. These terms and conditions consist of Part A (General Terms), Part B (Benefit Specific Terms) and Part C (Country-Specific Terms). The terms of Part A apply to all Memberships, the terms of Part B apply to the provision, receipt and use of specific benefits and the terms of Part C apply if you are a resident of any country referenced in Part C. Members must comply with all sections of these terms and conditions which are applicable to their relevant Membership.
1.4. Each Member is required to agree to these terms and conditions at the point of purchase.
1.5. Other terms may apply to your Membership, including:
1.5.1. Our general website and app terms, which set out how you can use content on the website and app.
1.5.2. Our Privacy Notice: which sets out how we use any personal data you give us.
2. Details of Membership
2.1. The benefits of any given Membership are listed in the relevant Membership page of McLaren’s website.
2.2. The price of a Membership varies depending on the country in which the Member is resident. The price shall be set out on McLaren’s website in the Member’s local currency and will be communicated to an individual prior to any purchase or renewal. We reserve the right to cancel any Membership where an individual is located outside of the relevant country to which their Membership applies.
2.3. Even if a benefit is listed in a Membership category, that benefit (or certain elements of that benefit, such as an individual competition) may not be available in certain countries. Members should check whether they are able to receive the benefits contained within the relevant Membership category prior to purchasing a Membership. The categories of benefits will be listed on McLaren’s website but not every instance of every benefit will be available in all countries.
3. Eligibility
3.1. You must be at least 18 years of age to purchase a Membership. We reserve the right to refuse an application from, or suspend or cancel the Membership of, any person who is under the age of 18.
3.2. Membership is sold on the basis of one Membership per person. McLaren shall be entitled to refuse an application from, or suspend or cancel the Membership of, any individual who does not provide the personal details or information that McLaren reasonably requires to process or maintain their Membership.
3.3. Membership is only available to individuals as consumers. McLaren will be entitled to terminate any Membership purchased for commercial business purposes.
3.4. Additional eligibility criteria may apply to specific benefits, such as entry to particular competition or events.
4. Contact Details and Payment
4.1. So that McLaren can effectively communicate with Members, each Member must provide McLaren with accurate and up-to-date account, contact, billing, shipping and payment information, and must keep McLaren informed of any changes to such information.
4.2. The Membership Fee and any applicable taxes, delivery charges, or other charges will be disclosed before you purchase or renew a Membership. You are responsible for paying all amounts disclosed to you before purchase or renewal, except to the extent a charge is caused by McLaren’s error or is not permitted by applicable law.
4.3. By providing a payment method, you authorise McLaren and its payment processors to charge that payment method for the Membership Fee, any applicable taxes, delivery charges, and other charges disclosed to you before purchase or renewal. If your Membership renews automatically, this authorisation includes renewal charges as described in paragraph 5.
4.4. Payments may be processed by third-party payment processors and may be subject to their terms and conditions. McLaren is not responsible for fees charged to you by your card issuer, bank or payment provider, including foreign transaction fees, currency conversion fees, overdraft fees, insufficient-funds fees, or other charges imposed by them.
4.5. If a payment method fails, is declined, expires or is no longer valid, McLaren may ask you to provide a valid payment method. If you do not provide a valid payment method, McLaren may suspend or cancel your Membership, or your Membership may not renew, in accordance with these terms and conditions. McLaren will not charge you a separate failed-payment, bank, administration, or similar fee unless that fee was clearly disclosed to you before purchase or renewal and is permitted by applicable law.
4.6. McLaren will not impose a separate surcharge, booking fee, administration fee, or similar fee solely because you choose to pay by credit card, debit card, prepaid card, or another electronic payment method, unless the fee is clearly disclosed to you before purchase or renewal and is permitted by applicable law and applicable payment-network rules.
5. Automatic Renewal
5.1. Membership term. Your Membership begins on the date on which it is purchased and continues for one Year, unless cancelled or terminated earlier in accordance with these terms and conditions.
5.2. Automatic renewal. Unless you cancel automatic renewal before the end of your then-current Year, your Membership will automatically renew for successive one-Year periods on each anniversary of your original Membership purchase date, unless we tell you otherwise before purchase or renewal (the “Renewal Date”).
5.3. Renewal charge. If your Membership automatically renews, we will charge the payment method associated with your account for the Membership Fee applicable to the renewal Year. The Membership Fee, billing frequency, Renewal Date, and methods for cancelling automatic renewal will be disclosed to you before purchase and in any renewal notice required by applicable law.
5.4. Renewal reminder. For annual Memberships, we will send you a renewal reminder before your Renewal Date. The renewal reminder will identify the Membership that will renew, the Renewal Date, the Membership Fee for the renewal Year, and how to cancel automatic renewal.
5.5. Price changes and material changes. We may change the Membership Fee or other automatic-renewal terms for future renewal periods. Where required by applicable law, we will provide you with advance notice of any price change or material change to the automatic-renewal terms. If required by applicable law, we will obtain your consent to the change or provide you with the right to cancel and receive any refund required by applicable law.
5.6. How to cancel automatic renewal. You may cancel automatic renewal at any time through the settings in your account or by contacting the McLaren Support Team. If you purchased your Membership online, we will provide an online method for cancelling automatic renewal. Cancelling automatic renewal prevents future renewal charges but does not automatically cancel your then-current Membership or entitle you to a refund of amounts already paid, except as described in paragraph 6 or as required by applicable law.
5.7. Effect of cancelling automatic renewal. If you cancel automatic renewal, your Membership will remain active until the end of your then-current Year, unless cancelled or terminated earlier in accordance with these terms and conditions. Your Membership will not renew at the end of that Year unless you purchase or renew a Membership again.
5.8. Failure of payment method. If we are unable to process a renewal payment using the payment method associated with your account, we may ask you to provide a valid payment method. If you do not provide a valid payment method, your Membership may not renew or may be suspended or cancelled.
5.9. Withdrawal or change to automatic renewal process. We may withdraw or change the automatic-renewal process from time to time, including by requiring manual renewal for some or all Memberships, provided that we will notify affected Members in advance where required by applicable law.
6. Cancellation and Refunds
6.1. Cancelling automatic renewal. You may cancel automatic renewal at any time as described in paragraph 5.6. Cancelling automatic renewal means that your Membership will not renew for a future Year. Unless you also have a cancellation or refund right under this paragraph 6 or applicable law, or your Membership is cancelled or terminated earlier in accordance with these terms and conditions, you will continue to have access to your paid Membership benefits until the end of your then-current Year.
6.2. Fourteen-day cancellation right. You have the right to cancel your Membership within 14 days after the date of your original purchase or the Renewal Date, as applicable, without giving any reason. To exercise this right, you must inform McLaren of your decision to cancel within the 14-day period through the settings in your account or by contacting the McLaren Support Team
6.3. Refund following timely cancellation. If you cancel your Membership under paragraph 6.2, McLaren will provide a full refund of the Membership Fee for the applicable Year. Where possible, the refund will be made to the payment method used for the relevant purchase or renewal. McLaren will make the refund without undue delay and, in any event, not later than 14 days after the date on which you informed McLaren of your decision to cancel your Membership.
6.4. Effect of cancellation. If you cancel your Membership under paragraph 6.2, we may disable your Membership account access and cancel or void any benefits issued to you in connection with that Year, including any competition entries, prize draw entries, ticket applications, ballots, tickets, event access, discounts, offers, or other benefits.
6.5. No other refunds. Except where you exercise your cancellation right under paragraph 6.2, where you cancel your Membership under paragraph 8.3 or where we cancel or withdraw your Membership under paragraph 8.4, or where a refund is required by applicable law, Membership Fees are non-refundable and we do not provide prorated refunds for any unused portion of a Year.
7. Member Responsibilities and McLaren’s Rights to Cancel, Suspend, or Terminate
7.1. Without limiting any other rights or remedies McLaren may have, McLaren may suspend your Membership, withdraw or suspend some or all Membership benefits, cancel or terminate your Membership, void or cancel ticket applications, ballots, competition entries, prize draw entries, tickets, discounts, offers or other benefits, prevent you from attending events hosted by or on behalf of McLaren and/or bar you from future Membership-related application processes if McLaren reasonably believes that:
7.1.1. you have breached these terms and conditions or any applicable additional terms;
7.1.2. you have misused your Membership or any Membership benefit;
7.1.3. you do not meet the eligibility requirements for Membership or for a particular benefit;
7.1.4. information you provided to McLaren is inaccurate, incomplete, misleading, fraudulent or no longer current;
7.1.5. your payment method fails or monies are due from you to McLaren in connection with your Membership;
7.1.6. you have engaged in prohibited conduct described in paragraph 7.3; or
7.1.7. suspension, cancellation, termination, withdrawal or exclusion is reasonably necessary to protect McLaren, members of the Membership programme, event attendees, third parties, McLaren’s websites, applications, systems, intellectual property, events, ticketing processes, competitions, prize draws, offers or Membership programme.
7.2. No refund for breach or misuse. Subject to any rights you may have under applicable laws that cannot be waived or limited by contract, McLaren will not be required to provide a refund if your Membership or any Membership benefit is suspended, withdrawn, cancelled, voided or terminated because of your breach of these terms and conditions, your breach of any applicable additional terms, your ineligibility, your failure to pay amounts due in connection with your Membership or your misuse of the Membership or any Membership benefit.
7.3. Investigations and cooperation. McLaren may investigate suspected breaches, misuse, fraud, unauthorised activity, technical circumvention, resale or other prohibited conduct. You must provide information reasonably requested by McLaren in connection with any such investigation, provided that nothing in this paragraph requires you to provide information where applicable law gives you the right not to do so.
8. McLaren’s Right to Make Changes to Membership and these Terms and Conditions
8.1. We may make certain changes to the Membership and/or these terms and conditions from time to time and you will be deemed to have accepted these changes by your continued use of the Membership, subject to paragraph 8.3. We will not make material changes to the nature of the Membership or the benefits during each Year, but McLaren does not guarantee a minimum number of each type of benefit each Year and reserves the right from time to time to substitute replacement products or benefits as part of Membership in place of any products or benefits advertised in promotional material.
8.2. McLaren can always make changes to the Membership and/or these terms and conditions:
8.2.1. to reflect changes in relevant laws and regulatory requirements;
8.2.2. to make minor technical adjustments and improvements, for example to address a security threat; and
8.2.3. to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought your Membership.
8.3. If we make any material changes to the Membership and/or these terms and conditions that are detrimental to you and do not fall into the categories set out in paragraph 8.2, we shall notify you as set out in paragraph 8.5 and you can cancel your Membership and receive a pro-rated refund for your Membership Fee. Such cancellation request must be made within 14 days of the notice of the change being given, or you waive your ability to cancel your Membership. To exercise this right, you must inform McLaren of your decision to cancel within the 14-day period through the settings in your account or by contacting the McLaren Support Team.
8.4. McLaren reserves the right to stop providing the relevant Membership programmes at any time and to withdraw the Membership. We will let you know a reasonable period in advance and we will refund any sums you've paid in advance for the remaining period of your Membership where it will not be provided.
8.5. McLaren may provide notices of changes by email, through your account, through McLaren’s website or applications or by any other method permitted by applicable law. Where applicable law requires a specific form, timing, content or method of notice, McLaren will provide notice in accordance with those requirements.
9. McLaren’s Liability to Members
9.1. McLaren is not responsible for all losses you may suffer that are caused by us breaching these terms and conditions. If, notwithstanding the limitations of liability in this paragraph 9, McLaren is liable to you for any claim arising out of or relating to these terms and conditions, your Membership, or any Membership benefit, McLaren’s total aggregate liability will not exceed the greater of: (a) the Membership Fee paid by you for the Year in which the claim arose; and (b) GBP£100, US$100, AUD$100 or the equivalent amount in the currency in which you paid for your Membership.
9.2. McLaren is 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 Membership was purchased, both the Member and McLaren knew it might happen.
9.3. Notwithstanding any other part of these terms, McLaren is not liable for any business losses. Where a Member has purchased a Membership for commercial business purposes (or where the Member is not acting as a consumer), McLaren will have no liability to any Member for any loss of profit, loss of business, business interruption, or loss of business opportunity, or for any form of indirect or consequential losses. McLaren’s liability to the Member for any other losses shall be limited to the cost of the Membership in the relevant Year.
9.4. To the fullest extent permitted by law, McLaren is not liable for any loss or damage arising out of or relating to:
9.4.1. any failure, delay, interruption, suspension, withdrawal, cancellation, or unavailability of any Membership benefit where this is permitted by these terms and conditions or disclosed to you before purchase;
9.4.2. the unavailability of any event, ticket opportunity, ballot, competition, prize draw, discount, offer, content, product, experience, driver or team appearance, or other Membership benefit, unless McLaren expressly guaranteed that specific benefit to you as part of your Membership;
9.4.3. any restrictions, rules, terms, decisions, acts, or omissions of any third party, including event organisers, venues, promoters, ticketing providers, payment processors, delivery providers, retailers, technology providers, platform operators, app stores or social media platforms;
9.4.4. your failure to provide accurate, complete, and up-to-date account, contact, shipping, eligibility, or payment information;
9.4.5. your use of the Membership, any Membership benefit, McLaren Content, McLaren’s website, or McLaren’s applications in a manner that is unlawful, unauthorised, inconsistent with these terms and conditions or inconsistent with any instructions or additional terms provided by McLaren;
9.4.6. any unauthorised access to or use of your account;
9.4.7. any device, software, operating system, network, internet connection, bandwidth, email service, spam filter, or other equipment or service that McLaren does not provide or control; or
9.4.8 any failure to carry out, or delay in carrying out, any of McLaren’s obligations under these terms and conditions caused by circumstances outside McLaren’s reasonable control, provided that McLaren will contact you as soon as reasonably possible to let you know and will take reasonable steps to reduce the effect of the delay.
9.5. The limitations and exclusions in this paragraph 9 apply to all claims and liabilities arising out of or relating to these terms and conditions, your Membership, and any Membership benefit, whether based in contract, tort, negligence, strict liability, statute, consumer protection law or otherwise, except to the extent that applicable law does not allow such limitations or exclusions.
9.6. Notwithstanding anything to the contrary in this paragraph 9, McLaren does not exclude or limit its liability for: (a) death or personal injury caused by its negligence; (b) fraud or fraudulent misrepresentation by McLaren; and/or (c) any liability which cannot be limited or excluded under applicable law (including any breach by McLaren of any terms implied into these terms and conditions by the Consumer Rights Act 2015).
10. Complaints and Disputes
10.1. Our complaints policy. Our McLaren Support Team will do their best to resolve any problems you have with us or the Membership.
10.2. These terms and conditions are governed by English law (unless otherwise stated in Part C) and any legal proceedings must be brought in the English courts. Notwithstanding the foregoing, if the Member is a consumer and: (i) is resident in Scotland then legal proceedings may be brought in either the Scottish or the English courts; (ii) is resident in Northern Ireland, then legal proceedings may be brought in either the Northern Irish or the English courts or (iii) is resident in the United States or Australia, then legal proceedings may be brought in accordance with the additional terms set out in Part C.
11. General
11.1. This agreement (and any documents referred to herein) constitutes the whole agreement between you and McLaren in relation the Membership.
11.2. McLaren shall at any time be entitled to transfer its rights and obligations under these terms and conditions to another organisation within its group. McLaren confirms that: (i) any such transfer shall not adversely impact the Member and/or their Membership; and (ii) it shall use reasonable endeavours to inform Members of any such transfer (for example, by placing a notice on its website of such transfer). You can only transfer your Membership to someone else if we agree to this.
11.3. Nothing in these terms and conditions limits or excludes any rights, remedies, liabilities, obligations, cancellation rights, refund rights, notice rights, consent rights, or other protections that cannot be limited or excluded by contract under applicable law. If any of these terms and conditions are found by a court to be illegal, the rest of these terms and conditions will remain in force. Each of the paragraphs of these terms and conditions operates separately. If any court or other relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
11.4. This contract is between the Member and McLaren. No other person shall have any rights to enforce any of its terms.
11.5. Even if we delay in enforcing these terms and conditions, we can still enforce them later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
12. Definitions
In these terms and conditions: “Event Ticket Terms and Conditions” means those terms and conditions with which all individuals attending an Event must comply. A copy of the relevant terms will be provided separately; “McLaren Content” means digital content made available across McLaren’s channels including but not limited to its website, applications, social media channels, email newsletters;
“Membership” means membership of an official Papaya membership scheme operated by McLaren; “Membership Pack” means the physical membership pack provided as part of the Membership; “Membership Fee” means the fee payable by a Member to purchase or renew the relevant Membership category, as detailed on McLaren’s website or otherwise disclosed before purchase or renewal, and which may be changed for future Years in accordance with these terms and conditions; “Renewal Date” shall have the meaning given to it in paragraph 5.2; “Year” means each consecutive 12-month period from the date of purchase of the Membership. Part B – Additional Terms for Specific Benefits
13. Events and Experiences
13.1. Following purchase of an eligible Membership, where invited by McLaren to do so, an eligible Member shall be entitled to apply for tickets to special events. The availability of tickets will be publicised by McLaren on an event-by-event basis. The method of application and selection may vary between events. Additional terms will apply to any tickets and events and additional fees may apply.
13.2. For the avoidance of doubt, Membership does not guarantee that a Member will be entitled to access or purchase a ticket for any particular event.
13.3. Where a Member obtains an event ticket: (i) that Member shall bound by and must comply with the Event Ticket Terms and Conditions; and (ii) that ticket shall be personal to the Member, is not transferable and shall not be transferred or re-sold in any circumstances, save where expressly permitted by McLaren. If any Member transfers or re-sells such ticket to any third party without the express permission of McLaren, or if McLaren reasonably suspects that a Member may have offered any ticket(s) for re-sale without authorisation, it shall be deemed to be a breach of these terms and conditions and, for the avoidance of doubt, the provisions of paragraph 7 shall apply.
13.4. Applications for tickets are strictly on the basis of one ticket per event per Member, unless expressly permitted otherwise by McLaren. Where group applications for tickets are made, every ticket applied for must be for use by a current Member (and details of each additional Member which are part of that application must be provided at the point any such application for tickets is made).
14. Discounts
Members may be entitled to benefit from various discounts on other products made available for purchase by McLaren or third parties from time to time. The relevant discounts will be specified on McLaren’s website and will be communicated to Members as applicable.
15. Competition and Prize Draws
15.1. Members may be given the opportunity to participate in competitions and/or prize draws as part of their Membership. Where such opportunities are made available to Members, entry to a competition and / or prize draw may be subject to separate terms and conditions.
15.2. Where a Member is successful in winning a prize in a competition and / or prize draw, redemption or use of the prize may also be subject to separate terms and conditions, and some prizes may not be available in all countries.
16. Membership Pack
16.1. We honour our legal duty to provide you with Membership Pack products that are as described to you on our website and that meet all the requirements imposed by law. However, a product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.
16.2. If you think there is something wrong with products supplied as part of your Membership, you must contact our McLaren Support Team.
17. McLaren Content
Where a Membership includes access to McLaren Content, the Member acknowledges that the content of the McLaren Content is owned by or licensed to McLaren and all rights in and to the McLaren Content are reserved to McLaren. McLaren grants the Member the right to use the McLaren Content, provided that the Member’s rights shall be limited to accessing the McLaren Content for personal, non-commercial use and in accordance with these terms and conditions. Part C – Country-Specific Terms
18. Additional terms for United States residents
18.1. Application. If you are a resident of the United States, this paragraph 18 applies to you and controls over any inconsistent provision of these terms and conditions, including paragraph 10.2 of Part A.
18.2. Liability for losses. McLaren is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profit, loss of revenue, loss of business, business interruption, loss of business opportunity, loss of goodwill, loss of data, loss of enjoyment, or loss of anticipated savings.
18.3. Governing law for United States residents. For Members who are residents of the United States, these terms and conditions and any dispute or claim arising out of or relating to these terms and conditions, the Membership, or any Membership benefits will be governed by the laws of the State of New York and applicable United States federal law, without regard to conflict of law rules, except that: (i) the arbitration agreement in paragraph 18.4 is governed by the Federal Arbitration Act; and (ii) nothing in these terms and conditions limits any non-waivable rights you may have under applicable federal law or the laws of the U.S. state in which you reside.
18.4. Informal dispute resolution. Before either you or McLaren starts an arbitration or court proceeding, the party asserting the dispute must first send the other party a written notice describing the dispute, the relief requested, and sufficient information to allow the other party to evaluate the dispute. You must send notices to McLaren at [email protected]. McLaren will send notices to the email address associated with your Membership account. The parties will attempt in good faith to resolve the dispute informally for 30 days after the notice is received. Either party may start an arbitration or court proceeding if the dispute is not resolved during that 30-day period.
18.5. Agreement to arbitrate. Except for the claims and requests for relief described in paragraph 18.5, you and McLaren agree that any dispute, claim, or controversy arising out of or relating to these terms and conditions, the Membership, any Membership benefits, or the relationship between you and McLaren will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable consumer arbitration rules. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
18.6. Claims not subject to mandatory arbitration. The following are not required to be arbitrated: (i) claims that qualify for small claims court; (ii) claims concerning the ownership, validity, infringement, misuse, or unauthorized use of intellectual property rights; (iii) claims concerning unauthorized access to or misuse of McLaren’s websites, applications, accounts, content, ticketing systems, events, or technical systems; and (iv) requests for public injunctive relief to the extent such requests cannot be compelled to arbitration or waived under applicable law.
18.7. You and McLaren agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff, claimant, class member, or representative in any class, collective, consolidated, private attorney general, or representative proceeding, except to the extent this waiver is prohibited by applicable law. The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual claim before the arbitrator.
18.8. The arbitration will be conducted by a single arbitrator. Unless the parties agree otherwise, the arbitration will be conducted remotely, by telephone, by video conference, or on the papers, except that either party may request an in-person hearing if required by the arbitration provider’s rules or applicable law. If an in-person hearing is required, it will take place in the county in which you reside or at another location agreed by the parties or ordered by the arbitrator.
18.9. Arbitration fees. McLaren will pay arbitration fees to the extent required by the arbitration provider’s consumer rules or applicable law. Each party will bear its own attorneys’ fees and costs unless the arbitrator determines that applicable law provides otherwise.
18.10. Small claims court. Either you or McLaren may bring an individual claim in small claims court if the claim qualifies to be brought in that court. If a claim is brought in small claims court, it must proceed only on an individual basis.
18.11. Mass arbitration. If 25 or more similar arbitration demands are filed against McLaren by or with the assistance of the same law firm, group of law firms, organization, or coordinated group of claimants, the arbitrations will be administered under the arbitration provider’s applicable mass arbitration rules and fee schedule. The parties agree to cooperate in good faith with the arbitration provider to implement procedures designed to resolve the claims efficiently and fairly, including bellwether or staged proceedings, to the extent permitted by the arbitration provider’s rules and applicable law.
18.12. Courts for non-arbitrable claims. Any claim or request for relief that is not required to be arbitrated under this paragraph 18 may be brought only in the state or federal courts located in New York County, New York, except that: (i) either party may bring a qualifying claim in small claims court as described in paragraph 18.9; and (ii) if applicable law does not permit a United States consumer to be required to bring a particular claim in New York County, New York, that claim may be brought in any court required by applicable law. You and McLaren consent to the personal jurisdiction of those courts for non-arbitrable claims.
18.13. Jury trial waiver. To the fullest extent permitted by applicable law, you and McLaren waive any right to a trial by jury in any court proceeding.
18.14. Severability. If any part of this paragraph 18 is found to be invalid or unenforceable as to a particular claim or request for relief, that part will be severed only as to that claim or request for relief, and the remainder of this paragraph 18 will continue to apply to the fullest extent permitted by law. If paragraph 18.6 is found to be invalid or unenforceable as to a particular claim or request for relief, then that claim or request for relief may proceed in court, and all other claims and requests for relief will be arbitrated to the fullest extent permitted by law.
19. Additional terms for Australian residents
19.1. Application. If you are a resident of Australia, this paragraph 19 applies to you and controls over any inconsistent provision of these terms and conditions, including paragraph 10.2 of Part A.
19.2. Liability. Nothing in these Terms excludes your rights under the Competition and Consumer Act 2010 (Cth) or other laws that cannot be excluded. Subject to those rights, McLaren will not be liable for special, indirect or consequential damages, loss of revenue or loss of data as a result of the use of the Membership.
19.3. Governing law for Australian residents. For Members who are residents of Australia, these terms and conditions and any dispute or claim arising out of or relating to these terms and conditions, the Membership, or any Membership benefits will be governed by the laws of New South Wales, without regard to conflict of law rules, except that nothing in these terms and conditions limits any non-waivable rights you may have under the laws of the state in which you reside.
19.4. Disputes. Any dispute, controversy or claim arising out of or in relation to these terms and conditions, (including the existence, breach, termination or invalidity of these terms and conditions) will be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue of these courts.
