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| Attention
First Time Users |
This is the legal stuff. Please take a few moments to read these Terms And Conditions
prior to using this website. These Terms And Conditions govern the use of this
website including the purchase of any goods or services from It. Should you have
any questions or wish to clarify the meaning of any of these Terms And Conditions,
please contact Inracing prior to using this website.
Inracing means any individual, company, supplier, or contractor associated with
the production or delivery of any services or goods through the Inracing
website, or any other means of delivery that Inracing may determine from time to
time.
Inracing endorses responsible gambling. You should seek independent advice on
whether you have a gambling problem.
Any information supplied by Inracing should be confirmed with an independent
third party for its accuracy.
These Terms And Conditions were last updated on 17 July 2010. Please check back
regularly to see the current Terms And Conditions.
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Acknowledgement of Terms &
Conditions |
The Inracing website is owned and operated by
Tremsearch Consulting Services (ABN 75 798 391 183) trading as Inracing. By accessing, browsing or using this
website, you agree to these terms, conditions and disclaimers as amended from time to time
and acknowledge and agree that you have read and understood these Terms and Conditions.
By downloading any of the articles on this website, purchasing an item from this
website and/or by completing the registration process to become a member of Inracing
you expressly agree to be bound by these Terms and Conditions.
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Amendment to Terms & Conditions |
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Inracing may amend these Terms and Conditions from time to time. Any amendment will be effective immediately upon notice by e-mail, conventional mail service, or any other means of communication, including notification in this section of this
website. Your continued use of this website after any amendment becomes effective constitutes an agreement by you to abide by and be bound by these Terms and Conditions, as so amended. |
| User
And Other Information Provided By You |
You agree to
provide certain current, complete, and accurate information about yourself as prompted to do so by this
website; and maintain and update this information as required to keep it current, complete and accurate. Any order placed by you with this
website must contain your name, email address, mailing address, credit card name and number, and the expiry date of your credit card
,so that Inracing can process your order.
All information provided by you when you sign up to become a member or which you provide when placing an order is referred to in these Terms and Conditions.
You should review the Inracing Privacy Statement for further information concerning the collection and usage of
user information.
When you provide any user information you are representing and warranting that all of the information provided is true and correct and are agreeing to indemnify Inracing for any losses, costs, expenses or damages that Inracing may suffer if any of this information is not correct.
You must not transmit or attempt to transmit any material of any kind to this
website which contains a virus, malicious computer code or other harmful component or otherwise attempt to alter any of the content on this
website.
If any user information provided by you is incomplete or inaccurate or you attempt to transmit any material of any kind to this
website which contains a virus, malicious computer code or other harmful component or you otherwise attempt to alter any of the content of this
website, or you are otherwise in breach of these Terms and Conditions, Inracing retains the right to terminate your rights to use this
website and to prosecute you to the fullest extent of the law.
You consent and agree to the disclosure by Inracing to any law enforcement agency in any jurisdiction that is investigating any breach or suspected breach of any law in any jurisdiction of your identity or other information provided by you to this
website, upon being requested to do so by that law enforcement agency.
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| Disclaimer |
The information contained on this website is provided by Inracing in good faith on an
as is basis and solely at your own risk. The information is believed to be accurate and current at the date the information was placed on this
website.
None of Inracing, its related bodies corporate, any of their directors, officers, employees or shareholders makes any representation or warranty as to the reliability, accuracy or completeness of any of the information or ideas contained on this
website (including in relation to any products or services) and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this
website. To the fullest extent permitted by applicable law, Inracing disclaims all representations and warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Inracing makes no warranty that this
website, any information or ideas contained on this website or any products or services advertised on this
website will meet your requirements, or that the website will be uninterrupted, timely, secure or error free.
You expressly acknowledge and agree that Inracing does not control other users including
members, of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this
website and Inracing is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
No advice or information, whether oral or written, obtained by you from or through this
website creates any warranty not expressly made in these Terms and Conditions.
Information on this website (including information relating to products and services) has been prepared in accordance with Australian law for the supply of information, products and services in Australia only. This information may not satisfy the laws of any other country. To the extent that it does not satisfy the laws of the country in which you reside or from which you are accessing this
website, it is not directed at you and cannot be relied upon by you and you are unable to order any products or services from this
website. If you do, you agree to indemnify Inracing for any losses, costs, expenses or damages Inracing may suffer as a consequence. |
| Limitation
of Liability |
None of Inracing, its related bodies corporate, any of their directors, officers, employees, or shareholders will in any way be liable for any direct, indirect, incidental, special or consequential damages (including in negligence), resulting from your use or your inability to use this
website; your reliance on any information or advice contained on this website or for the cost of procurement of substitute products or services or resulting from any products or services purchased or obtained or messages received or transactions entered into through this
website or resulting from unauthorised access to or alteration of your transmissions or data or of any information contained on your computer system or on this
website, including but not limited to, damages for loss of profits, use, data or other intangible, even if Inracing has been advised of the possibility of such damages.
Where any Act of Parliament implies in these Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in these Terms and Conditions, however, the liability of Inracing for any breach of such term, condition or warranty shall be limited, at the option of Inracing, to any one or more of the following: (a) if the breach relates to goods:
(i) the replacement of the goods or supply of equivalent goods; (ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services:
(i) the supplying of the services again; or (ii) the payment of the cost of having the services supplied again.
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| Ordering
Products or Services |
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product or service for the price (including the delivery and other charges) specified in this
website at the time you place your order.
Inracing reserves the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this
website, or an error in your order.
There may be reasons why Inracing cannot fulfil your order. Therefore, your contract with Inracing only comes into existence when Inracing advises you that it has accepted your order and receipt of your payment has been confirmed.
Prices of products and services and delivery and other charges displayed on this
website are current at the time of issue, but may change at any time and are subject to availability. The availability of products and services may change from time to time.
Until you have made payment in full for products you have ordered title in such goods will not transfer to you, but all risk in the products will pass to you on dispatch from Inracing or its
agent's distribution centre. You are responsible for any taxes, duties or other liabilities imposed by any governmental agency, including without limitation, any customs duty, goods and services taxes or any value added tax imposed on any products or services acquired or ordered by you from this
website.
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| Delivery |
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All times for delivery listed on this website are indicative only. Inracing will not be liable for any failure to observe these delivery times. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products or services from this
website once that commitment has been made for any reason, including without limitation, due to any delay in delivery.
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| Returns |
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Our Return Policy is incorporated into these terms and conditions.
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| Membership |
You do not need to register as a member in order to purchase products and services from this
website. Membership is free and does not obligate you to purchase anything. You will however, be responsible for any tax, duty or similar liability arising from any Membership benefit that you receive or become entitled to.
Membership is non-transferable. You may change your information on an existing membership account only to update your membership account.
Inracing may terminate your Membership and any Membership program at any time. You may terminate your Membership by sending a written notice or an email to Inracing. Termination of your Membership only becomes effective upon actual receipt by Inracing of your notification of termination.
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| Termination |
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Your ability to purchase products and services from this the website may be terminated at any time by Inracing without notice. All restrictions, licenses and the like granted by you and all disclaimers and limitations of liability by Inracing will survive termination.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue use of this
website.
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| Security |
In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
If your credit card has been used to purchase any product or service from this
website we will refund you your money.
Once you become a member, you have the ability to nominate a password. You are entirely responsible if you do not maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities, which occur under your email address and password. You agree to immediately notify Inracing of any unauthorised use of your email address or any other breach of security that you become aware of.
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| Links
to Other Websites |
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The only link from this website is to the National Australia Bank's secure credit card server. Inracing does not make any representation as to the accuracy of information contained on
the NAB website and will not accept any responsibility for the accuracy, ownership or any other aspect of the information contained on that
website.
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| Copyright |
Unless otherwise indicated, copyright in the information on this website is owned by Inracing. All rights are reserved.
You may download a single copy of the information on this website and, where necessary for its use as a reference, keep a temporary copy in your computer's cache and make a single hard copy of that information. Except as permitted under the Copyright Act 1968
or other applicable laws, no part of the information contained on this website may be otherwise reproduced, duplicated, copied, sold, re-sold, adapted, performed in public, transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system) or otherwise exploited for any commercial purpose without the specific prior written consent of Inracing.
If you believe that you own the copyright in any work and that work is displayed on this
website without your consent, please contact Inracing and your complaint will be investigated.
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| Virus
Warning |
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Inracing does not represent that any information (including any file) obtained from or through this
website is free from computer viruses or other faults or defects. It is your responsibility to scan any such information for computer viruses. Inracing will not be liable to you or to any other person for any loss or damage (whether direct, indirect, consequential or economic), however caused and whether by negligence or otherwise, which may result directly or indirectly from any such information. To the extent that any applicable law that cannot be excluded imposes any liability on Inracing, that liability shall be limited to the cost of re-supplying that information.
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| Release
and Indemnity |
You hereby waive, release, forgive, discharge and relinquish any and all claims that you now have or may have in the future against Inracing, its related bodies corporate, directors, employee, agents and representatives which are connected with, arise out of, relate to or are incidental to any transaction.
You hereby agree to indemnify, defend and hold Inracing, its related bodies corporate, directors, employees, agents and representatives harmless from and against any and all claims, loss, damage, tax, liability and/or expense that may be incurred by Inracing, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with the performance of its duties as described in these Terms and Conditions including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold Inracing, its related bodies corporate, directors, employees, agents and representatives harmless from any claim or demand, including reasonable
attorney's fees, made by any third party due to or arising out of your use of this
website, the violation of these Terms and Conditions by you, or the infringement by you, or other user of this
website using your user ID, of any intellectual property or other right of any person or entity.
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| Participation
in Promotions of Advertisers |
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From time to time, Inracing will communicate, via email, items that may be of interest to you as a Member or as a user of this
website if and only if you have agreed upon registration or subsequently to receive such emails. Inracing may also sell or make available to advertisers online advertising using the pages of this
website. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this
website. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the you and the advertiser. Inracing assumes no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree to pay all sales taxes goods and services taxes, personal property or other governmental tax or levy imposed on goods or services (if any) that you purchase.
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| Applicable
Law |
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of
New South Wales, Australia. You and Inracing agree to submit to the exclusive jurisdiction of the courts of the State of
New South Wales, Australia and any courts of appeal.
If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Inracing's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Inracing in writing.
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| General |
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The products and services offered for sale by Inracing are only available to individuals who can make legally binding contracts. The products and services are not available to persons under the age of 18 years old and any other persons who are legally prohibited from entering into binding contracts.
Any party engaging in illegal activities involving the use of this website will be subject to civil and criminal prosecution. Inracing cannot guarantee that it will be able to prevent any illegal or inappropriate use of this
website, nor can Inracing guarantee that it will give advance notice or warning of any illegal or inappropriate use of this
website.
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