TERMS & CONDITION
- This Agreement is made between KS RACING AUSTRALIA (“we,” or “our”) and you, (“the customer”, “you” or “your”).
- By browsing, accessing or using this website or by using any facilities or service made available through it or by transacting through or on it, you are agreeing to be bound by these Terms & Conditions (“Terms").
- The Terms and the Site may periodically change without notice. Amendments will be effective immediately upon posting of the amended terms and conditions on this website. You are responsible for ensuring you are familiar with the latest terms and conditions and any use of the site after such revisions have been posted signifies your consent to the changes.
- You represent and warrant that:
- You are at least 18 years of age;
- You possess the legal right and ability to enter into a legally binding agreement with KS RACING AUSTRALIA; and
- You will use this Website in accordance with these Terms.
- You will need to register by creating an account with KS RACING AUSTRALIA (either by registering directly with us or by allowing KS RACING AUSTRALIA application to connect through your Facebook or other social media profile) in order to obtain access to certain services, including products. If you choose to create an account with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a user ID and password). Access to the KS RACING AUSTRALIA website and services is not authorised by any other person or entity using your user ID and password and you are responsible for preventing such unauthorised use.
- You are solely responsible for the activity that occurs on your account, and you must keep your user ID and password secure. If you suspect or become aware of any unauthorised use of your account or that your user ID and password are no longer secure, you agree to notify us immediately.
- The KS RACING AUSTRALIA reserves the right at its discretion to decline to provide you with the KS RACING AUSTRALIA service at any time, or to amend, alter or terminate the KS RACING AUSTRALIA in any way. The KS RACING AUSTRALIA will not be liable to you or a third party in any way.
- You agree to indemnify and keep us indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or your use of the website in any way.
- The KS RACING AUSTRALIA takes steps to ensure that information displayed on this website is accurate and complete, but does not guarantee that information on this website is free from errors or omissions and does not accept liability for any errors or omissions. The KS RACING AUSTRALIA reserves the right to alter information published on this website if we consider it incorrect or misleading.
- The KS RACING AUSTRALIA can cancel orders and refund customers money because of pricing errors (or for any reason).
- All of the data on Products and Promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Product or Promotion. You should use discretion while browsing the Internet.
- The KS RACING AUSTRALIA products, service and all information and materials on this website are provided "as is" and KS RACING AUSTRALIA does not give any warranties of any kind, whether express or implied. To the maximum extent permitted by law, all representations and warranties (statutory, express or implied) are expressly excluded, including, but not limited to, any implied warranties and fitness for a particular purpose. The KS RACING AUSTRALIA makes no representation or warranty about, and takes no responsibility or liability for, the quality or suitability of any product or service offered on this website.
- To the maximum extent permitted by law (and subject to any rights you have under the Australian Consumer Law and the Competition and Consumer Act 2010 (Cth)), KS RACING AUSTRALIA is not liable under any circumstances (including, but not limited to, negligence) for any direct or indirect loss or damage (including, but not limited to, general, consequential, special or incidental loss or damages, loss of profits or loss of savings) suffered by you or anyone else arising from the direct or indirect use of this website or The KS RACING AUSTRALIA service or from the use of, or inability to use, any product or service bought on this website. If, notwithstanding these terms and conditions, KS RACING AUSTRALIA is held liable, then KS RACING AUSTRALIA total liability to you and those claiming through you under any and all causes of action, whether in contract, tort or otherwise, shall not exceed the amount purchased.
- You release and discharge and will at all times indemnify, and keep indemnified, The KS RACING AUSTRALIA and its directors, officers, employees, agents and affiliates (“Released Parties”), from and against any loss (including reasonable legal costs and expenses), claims, liabilities or expenses of any kind, incurred or suffered by you or by KS RACING AUSTRALIA as a result of any claim, demand, suit, action or proceeding by any third party against you or KS RACING AUSTRALIA that arises out of or in connection with:
- Your use of this website; or
- Any violation of these Terms and Conditions or any terms and conditions specified by a Merchant; or
- Any activity related to your Account (including infringement of any third parties’ worldwide intellectual property rights or negligent or wrongful conduct)
- You acknowledge and agree that the foregoing provision relating to Liability, Release and Indemnification is for the benefit of KS RACING AUSTRALIA and its affiliates, officers, directors, employees, agents, licensors, suppliers and information providers and each of these individuals or entities has the right to assert and enforce the provision directly against you on its own behalf.
- You agree not to access (or attempt to access) any part of the website by any means other than through the interface provided by us.
- You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website including but not limited to disabling or otherwise interfering with security-related features of this website.
- You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
- Where this website contains links to third party sites and to resources provided by third parties (together "Other Sites"), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept and we assume no responsibility for Other Sites or for the content or products or services of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.
- KS RACING AUSTRALIA reserves the right to request identification (Australian issued drivers license or passport) before the shipment of any goods.
- KS RACING AUSTRALIA is intended to be solely trading in Australia's domestic market with no intention of international or cross country sales.
AUTHORITY TO LEAVE
By selecting 'Yes' at the checkout page (or if you selected this option over the telephone with our Customer Service Centre, KS RACING AUSTRALIA will leave your parcel at your unattended premises in accordance with your instructions.
You agree that the parcel is deemed received when left at your premises.
KS RACING AUSTRALIA and contractors associated with the delivery, do not accept responsibility for any loss or damage which results from this Authority to Leave delivery method. You agree to release KS RACING AUSTRALIA from and against any and all claims, demands, liabilities, losses, costs and expenses, including financial and other consequential losses, made, suffered or incurred by you or any other person or entity as a result of this Authority to Leave.
If you do not give KS RACING AUSTRALIA Authority to Leave, you will have to be at your premises in order for the delivery to occur.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights (including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs (including the "look and feel" and other visual or non-literal elements)) (whether registered or unregistered) in:
- This website and service,
- Information content on this website or accessed as part of the service,
- Any database operated by us and
- All the website design, text and graphics, software, photos, videos, music, sounds, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) are owned by us or licensed to us. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
- None of the material listed in Clause 1of this intellectual property rights agreement may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this website or accessed as part of the service without our permission.
- All rights (including goodwill and, where relevant, trade marks) in the KS RACING AUSTRALIA name are owned by us or licensed to us. Other product and company names mentioned on this website are the trademarks or registered trademarks of third parties.
- Title, ownership rights and intellectual property rights in and to the content accessed using the service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. Subject to the limited rights described in Clause 3 of this Intellectual Property Rights Agreement gives you no rights to such content.
- The authors of the literary and artistic works in the pages in the Website have asserted their moral rights to be identified as the author of those works.
- Any material you transmit, post or submit to us either through this website or otherwise ("Material") shall be considered (and we may treat it as) non-confidential (subject to our obligations under data protection legislation). You grant us a royalty-free, perpetual, irrevocable, non-exclusive licence to use, copy, modify, adapt, translate, publish and distribute world-wide any Material (other than Ideas).
- All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist:
- disclosed or offered to us by you; or
- in response to solicitations by us regarding the service or this website; (in each foregoing case, these are called "Ideas") shall be deemed to be and shall remain our property and you hereby assign all existing present and future intellectual property rights in Ideas, to us. You must do all things reasonably requested by us to assure further the assignment of such rights. You understand and acknowledge that we have both internal resources and other external resources which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
- These Terms and Conditions is governed by and construed in accordance with the laws of New South Wales, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
- Any provision of these Terms and Conditions or portion thereof, is found to be illegal, invalid or unenforceable, that provision will be enforced to the maximum extent permissible by law so as to give effect the intent of the Terms and Conditions, and the remainder of these Terms and Conditions will continue in full force and effect.
- KS RACING AUSTRALIA is only solely trading in Australia.
- KS RACING AUSTRALIA is only responsible and taking ownership of all business and business related clauses done and dealt in Australia.
- These Terms and Conditions and rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by a User. KS RACING AUSTRALIA may assign its rights and duties under these Terms and Conditions to any party at any time without notice to Users.
- Any failure by KS RACING AUSTRALIA to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision of these Terms and Conditions.