Website Terms of Use
Website Terms of Use
1. WHO WE ARE
www.RaceFactory.com.au (Site) is operated by Krooztune (we, us and our) under licence from Race Factory and is governed by the following website terms of use (Terms of Use).
2. BY USING THE SITE YOU ACCEPT THESE TERMS
Please carefully review these Terms of Use. By accessing, browsing and/or using the Site, you confirm that you accept these Terms of Use and that you expressly agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.
3. WE MAY MAKE CHANGES TO THESE TERMS
It is your responsibility to read and be familiar with the terms of use of this Site. We may amend these Terms of Use from time to time. Every time you wish to use the Site, please check these Terms of Use to ensure you understand the Terms of Use that apply at that time. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.
These Terms of Use were most recently updated on 14 August 2023.
4. WE MAY MAKE CHANGES TO THE SITE
We may update and change the Site from time to time to reflect changes to the products, our users’ needs, changes in law and our business priorities or other reasons.
5. WE MAY SUSPEND OR WITHDRAW THE SITE
The Site is made available free of charge. Access to the Site is only permitted via standard web browsers. Other methods including scraping, deep linking, harvesting, data mining, use of a robot or spider, automation or any similar data gathering, extraction or monitoring method are prohibited unless agreed with us.
We do not guarantee that the Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
6. ELIGIBILITY TO USE THE SITE
The Site is directed to users who are at least 18 years old and are residing in and using the Site within Australia (www.RaceFactory.com.au). We do not represent that content available on or through the Site is appropriate for use or available in other locations. If you access the Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
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 comply with any of the provisions of these Terms of Use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at Contact Us.
8. TRADEMARKS AND CONTENT
Unless otherwise noted, all materials, including images, product names, Trademarks, details, illustrations, designs, descriptions, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the Contents) are the sole property of Race Factory and/or its licensors and used under licence by us. The Contents are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All rights are reserved.
You must not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site without our or Race Factory’s prior written consent.
9. DO NOT RELY ON INFORMATION ON THIS SITE
This Site is provided on an “as is” and “as available” basis, and to the extent permitted by law, neither we or Race Factory make any representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on the Site, to the extent permitted by law, neither we or Race Factory make any representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up-to-date. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your Order). We apologise for any inconvenience this may cause you. If you are not completely satisfied with your purchase, please see our Return Policy.
We have made every effort to display the colours of the products as accurately as possible on the Site. However, we cannot guarantee that your computer monitor’s display of any colour will be accurate.
10. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites is entirely at your own risk and subject to the terms and conditions of use for those websites.
11. USER-GENERATED CONTENT
This Site may include information and materials uploaded by other users of the Site, including to comment threads. This information and these materials have not been verified or approved by us. The views expressed by other users on the Site do not represent our views or values. We and Race Factory take no responsibility, and assume no liability, for any third-party material posted on the Site.
This Site may contain comment threads, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, Interactive Services) that allow users to post, submit, publish, display or transmit to other users or other persons (post) content or materials (collectively, User Contributions) on or through the Site.
All User Contributions must comply with the content standards set out in Clause 12 of these Terms of Use.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, however by providing any User Contribution on the Site, you grant us, Race Factory and our affiliates, licensors and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Site if, in our opinion, your post does not comply with the content standards in Clause 12 of these Terms of Use.
You are solely responsible for securing and backing up your content.
You represent and warrant that:
• You own or control all rights in and to your User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
• You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you (and not us) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
• We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to remove, refuse to post or take any action with respect to any User Contributions for any or no reason in our sole discretion. If you wish to complain about information and materials uploaded by other users please contact us on Contact Us.
12. CONTENT STANDARDS
The content standards in this clause 12 apply to any and all User Contributions and use of social media features. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. In particular, you warrant that your User Contributions will not:
• Contain any material which is defamatory, obscene, abhorrent, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Contain or promote sexual or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organisation, including with us;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Give the impression that they emanate from or are endorsed by us, Race Factory or any other person or entity, if this is not the case.
Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards in this clause 12.
You warrant that any such contribution complies with these standards, and you will be liable to us and Race Factory and indemnify us and Race Factory for any breach of that warranty. This means you will be responsible for any loss or damage we or Race Factory suffer as a result of your breach of warranty. We may report any breach of your warranty 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 Site will cease immediately.
13. LIMITATION OF LIABILITY
In no event will either we or Race Factory or each of our related companies, directors, officers, employees, affiliates, agents, contractors or licensors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to it, any content on the Site or such other websites or any services or items obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by law.
You agree to defend, indemnify and hold us, Race Factory and each of our related companies, directors, officers, employees, affiliates, agents, contractors and licensors harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to your User Contributions, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these Terms of Use
14. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that the Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
15. PRODUCT INFORMATION
Some Race Factory products displayed at the Site are available from select retailers in Australia and New Zealand while supplies last. In some cases, merchandise displayed for sale at the Site may not be available through other retailers' stores. We do not represent that any goods or services on this Site will be offered by or available from any retailer and/or at the specified price.
16. AUSTRALIAN LAW APPLIES TO DISPUTES
These Terms of Use, their subject matter and their formation, are governed by the laws of Victoria, Australia. You and we both agree that the courts of Victoria, Australia will have exclusive jurisdiction.
17. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
• to infringe on another person’s copyright or privacy;
• for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• to defame, harass, threaten, menace or offend another person;
• to post illegal, obscene, indecent, inflammatory or pornographic material or other material that could give rise to civil or criminal proceedings.
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in Clause 12 of these Terms of Use;
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• to impersonate or attempt to impersonate us, Race Factory, our respective employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us, Race Factory or users of the Site or expose them to liability.
Additionally, you agree not to:
• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
• use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
• use any manual process to monitor or copy any of the material on the Site or for any other unauthorised purpose without our prior written consent;
• use any automatic or manual process to reverse engineer or decompile any part of the Site;
• use any device, software or routine that interferes with the proper working of the Site;
• introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
• attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
• otherwise attempt to interfere with the proper working of the Site.
We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
18. ONLINE PURCHASES
All purchases through our Site or other transactions for the sale of products or service formed through the Site or as a result of visits made by you are also governed by our Terms Of Supply which are incorporated into these Terms of Use.
19. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms of Use.