Terms and Conditions of Use
Welcome to Racelab Retail Limited’s (“Racelab”) website. These Terms and Conditions apply to your use of:
(a) the Racelab website at www.racelab.co.nz (“Website”);
(b) any other Racelab website, page or application used to gather your details or send you email notifications relating to Racelab and its products; and
(c) any social media website or page, containing pages or content established by, or associated with Racelab, including, but not limited to:
(i) Facebook and
(ii) Twitter,
(each of (a), (b) and (c) are collectively referred to as the “Internet Sites”),
1. TERMS
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
2. PRIVACY POLICY
As well as these Terms and Conditions, the Privacy Policy [insert hyperlink] also applies to you and your use of the Internet Sites. Please ensure you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing the Internet Sites, you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions.
3. TERMS OF PURCHASE
In addition, if you are purchasing goods from the Website (“Goods”) you should ensure you read the Terms of Purchase [insert hyperlink] as these govern the purchase of any Goods on the Website. By purchasing Goods on the Website you are deemed to have read and agree to be bound by the Privacy Policy, these Terms and Conditions and the Terms of Purchase.
4. AMENDMENTS
Racelab reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
5. INTELLECTUAL PROPERTY
Unless otherwise stated on the Website, Racelab (or its licensors) is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Racelab, its subsidiaries, and the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Racelab’s ownership in such intellectual property is protected by both New Zealand and international law.
6. LICENSE
Racelab grants you a non-exclusive, non-transferable, revocable license (“License”) solely for the purpose of learning about Racelab and its products as well as registering, ordering and paying for Goods, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without the prior written approval of Racelab, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilise framing techniques to enclose any of the contents of the Internet Sites without Racelab’s express prior permission. You may not use any meta-tags or other hidden text which incorporate Racelab’s name or any of its intellectual property including trademarks without Racelab’s express prior permission.
You agree to fully indemnify Racelab for any loss or damage it may suffer in contract, tort (including negligence), equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct, indirect or consequential, in respect of any third party claims against Racelab its related parties, employees, contractors or agents, that arise as a result of your breach of the License.
7. CONTENT
While Racelab has no reason to believe that any information contained on the Internet Sites is inaccurate, Racelab does not warrant the accuracy, adequacy, or completeness of such information, or that such information is error free.
Racelab does not undertake to keep the Internet Sites updated.
Racelab does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Racelab.
8. POSTING POLICY
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites:
(a) Racelab reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post;
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Racelab on demand for any loss or costs of whatever nature suffered by Racelab whether direct or consequential as a result of any breach by you of the paragraphs (a) and (b) above.
You own all of the content, feedback, and personal information that you Post (“Your Posts”). You grant Racelab a non-exclusive, perpetual, royalty free license to Your Posts. This means that, to the extent permitted by law, we have the right to use Your Posts for the purposes of our business in any way we see fit, and without further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of Your Posts. An example of how we may use Your Posts is that we may extract or republish Your Posts in our marketing materials.
9. INAPPROPRIATE POSTS
Racelab has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.
If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.
10. CONTACT
Racelab can be contacted in any of the following ways:
Email: [ ]
Phone: [ ]
Post: [ ]
11. OPINIONS
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Racelab regardless of whether Racelab may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. GENUINE OPINION
To the best of Racelab’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. PROMOTIONS AND COMPETITIONS
From time to time Racelab may organise campaigns, promotions and competitions for customers. Where this is the case, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you will need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms and Conditions, those terms and conditions will prevail.
14. LINKED WEBSITES AND THIRD PARTY INFORMATION
The Internet Sites may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Racelab is not responsible for the content or privacy practices associated with linked websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Sites may contain information which is obtained from third parties and which those third parties or Racelab may post on the Internet Sites from time to time. Such information is provided for convenience only and Racelab does not necessarily endorse the products or services referred to in the information.
15. LINKS
Racelab requires that you obtain the prior written approval of Racelab before providing any link to the Website. Where such approval is given, you further agree that you will not use any Racelab logo, trademark or other proprietary graphic as part of such link without the express prior approval of Racelab.
16. ACCESSING
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. Racelab does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
17. EXCLUSION OF WARRANTY
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites, any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Racelab further notes that the information accessed through the Internet Sites is to inform you of Racelab’s range of products and their use.
18. EXCLUSION OF LIABILITY
To the extent permitted by law, under no circumstances will Racelab, its employees or its agents be liable to you in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct, indirect or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Racelab to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
19. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Racelab becomes liable for any loss or damage that would otherwise have been excluded, Racelab’s maximum liability in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in New Zealand currency.
20. JURISDICTION
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
21. SOCIAL NETWORKING SITES
These Terms and Conditions must be read in addition to the respective terms and conditions governing the use of social networking sites, such as Facebook and Twitter, as published by the relevant social networking site. By accessing a social networking site you agree to be bound by, and comply with, the terms and conditions of that social networking site, provided that these Terms and Conditions, along with our Privacy Policy and Terms of Purchase, are paramount where there are inconsistencies with the general terms and conditions published by the relevant social networking site.
22. DISPUTES
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
23. FAILURE TO COMPLY
Racelab accepts no liability for any failure by Racelab to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
24. WAIVER
If Racelab waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
25. SEVERABILITY
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
26. BREACH
In the case of a breach of these Terms and Conditions by you or any other person, Racelab is free to decide whether it wishes to take action for such breach, and if so when and how. Racelab will not be prevented by passage of time or any other matter, from exercising its rights.
27. NO ASSIGNMENT
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
28. QUERIES
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact Racelab.
(a) the Racelab website at www.racelab.co.nz (“Website”);
(b) any other Racelab website, page or application used to gather your details or send you email notifications relating to Racelab and its products; and
(c) any social media website or page, containing pages or content established by, or associated with Racelab, including, but not limited to:
(i) Facebook and
(ii) Twitter,
(each of (a), (b) and (c) are collectively referred to as the “Internet Sites”),
1. TERMS
By accessing or using any one or more of the Internet Sites you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must cease accessing the Internet Sites immediately.
2. PRIVACY POLICY
As well as these Terms and Conditions, the Privacy Policy [insert hyperlink] also applies to you and your use of the Internet Sites. Please ensure you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing the Internet Sites, you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions.
3. TERMS OF PURCHASE
In addition, if you are purchasing goods from the Website (“Goods”) you should ensure you read the Terms of Purchase [insert hyperlink] as these govern the purchase of any Goods on the Website. By purchasing Goods on the Website you are deemed to have read and agree to be bound by the Privacy Policy, these Terms and Conditions and the Terms of Purchase.
4. AMENDMENTS
Racelab reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on the Website. Your continued use of the Internet Sites following such amendments being placed on the Website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
5. INTELLECTUAL PROPERTY
Unless otherwise stated on the Website, Racelab (or its licensors) is the owner of, or otherwise has the right to use, all copyright, trademarks and other intellectual property rights relating to Racelab, its subsidiaries, and the Goods on the Internet Sites. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and any downloads that may be offered on the Internet Sites. Racelab’s ownership in such intellectual property is protected by both New Zealand and international law.
6. LICENSE
Racelab grants you a non-exclusive, non-transferable, revocable license (“License”) solely for the purpose of learning about Racelab and its products as well as registering, ordering and paying for Goods, and making personal use of the Internet Sites. Any contravention by you of these Terms and Conditions terminates the License immediately.
Under no circumstances, without the prior written approval of Racelab, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of the Internet Sites. You shall not use any data gathering and extraction tools or software to extract information from the Internet Sites. You shall not frame or utilise framing techniques to enclose any of the contents of the Internet Sites without Racelab’s express prior permission. You may not use any meta-tags or other hidden text which incorporate Racelab’s name or any of its intellectual property including trademarks without Racelab’s express prior permission.
You agree to fully indemnify Racelab for any loss or damage it may suffer in contract, tort (including negligence), equity, statue, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct, indirect or consequential, in respect of any third party claims against Racelab its related parties, employees, contractors or agents, that arise as a result of your breach of the License.
7. CONTENT
While Racelab has no reason to believe that any information contained on the Internet Sites is inaccurate, Racelab does not warrant the accuracy, adequacy, or completeness of such information, or that such information is error free.
Racelab does not undertake to keep the Internet Sites updated.
Racelab does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on the Internet Sites including without limitation where such loss or damage is a result of or contributed to by the negligence of Racelab.
8. POSTING POLICY
The following provisions apply to any comments, statements, blogs, feedback or interactions that you wish to post and are posted (“Posts”) on any of the Internet Sites:
(a) Racelab reserves the right without notice or explanation to:
(i) not allow the posting of any specific Post; and
(ii) edit any specific Post; or
(iii) remove any Post;
(b) Personal abuse, foul language, inappropriate subject matter or discriminatory remarks of any nature will not be tolerated;
(c) You agree to indemnify Racelab on demand for any loss or costs of whatever nature suffered by Racelab whether direct or consequential as a result of any breach by you of the paragraphs (a) and (b) above.
You own all of the content, feedback, and personal information that you Post (“Your Posts”). You grant Racelab a non-exclusive, perpetual, royalty free license to Your Posts. This means that, to the extent permitted by law, we have the right to use Your Posts for the purposes of our business in any way we see fit, and without further notice to you or permission from you or any obligation on our part to pay you any money or provide any other compensation for our use of Your Posts. An example of how we may use Your Posts is that we may extract or republish Your Posts in our marketing materials.
9. INAPPROPRIATE POSTS
Racelab has very strict policies in place which govern Posts on the Internet Sites by users. These policies are intended to ensure that only fair, factual and accurate comments and statements are posted by users.
If you believe that any Post included on any of the Internet Sites is inaccurate or inappropriate then please contact us immediately and we will do our best to resolve the issue.
10. CONTACT
Racelab can be contacted in any of the following ways:
Email: [ ]
Phone: [ ]
Post: [ ]
11. OPINIONS
Unless explicitly stated otherwise the comments or statements posted on the Internet Sites by others do not represent the opinions of Racelab regardless of whether Racelab may have edited or formatted such comments or statements in the course of their being posted on the Internet Sites.
12. GENUINE OPINION
To the best of Racelab’s knowledge, all comments or statements made on the Internet Sites represent the genuine opinion of the authors of such comments or statements.
13. PROMOTIONS AND COMPETITIONS
From time to time Racelab may organise campaigns, promotions and competitions for customers. Where this is the case, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you will need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms and Conditions, those terms and conditions will prevail.
14. LINKED WEBSITES AND THIRD PARTY INFORMATION
The Internet Sites may contain links to other websites (“Linked Websites”). Those links are provided for convenience only and may not remain current or be maintained. Racelab is not responsible for the content or privacy practices associated with linked websites.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by use of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites including further links contained on those Linked Websites, unless and to the extent stipulated to the contrary.
The Internet Sites may contain information which is obtained from third parties and which those third parties or Racelab may post on the Internet Sites from time to time. Such information is provided for convenience only and Racelab does not necessarily endorse the products or services referred to in the information.
15. LINKS
Racelab requires that you obtain the prior written approval of Racelab before providing any link to the Website. Where such approval is given, you further agree that you will not use any Racelab logo, trademark or other proprietary graphic as part of such link without the express prior approval of Racelab.
16. ACCESSING
You must take your own precautions to ensure that the process which you employ for accessing the Internet Sites, and/or downloading any information from the Internet Sites, does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system, telecommunication equipment or other property. Racelab does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Internet Sites or any linked website.
17. EXCLUSION OF WARRANTY
To the fullest extent permitted by law, in relation to your access and use of the Internet Sites, any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded. Racelab further notes that the information accessed through the Internet Sites is to inform you of Racelab’s range of products and their use.
18. EXCLUSION OF LIABILITY
To the extent permitted by law, under no circumstances will Racelab, its employees or its agents be liable to you in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct, indirect or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the Internet Sites or in respect of any failure or omission on the part of Racelab to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the Internet Sites.
19. LIMITATION OF LIABILITY
In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Racelab becomes liable for any loss or damage that would otherwise have been excluded, Racelab’s maximum liability in contract, tort (including negligence), equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the Internet Sites is to be limited to $50 in New Zealand currency.
20. JURISDICTION
The Internet Sites are governed by and are to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the Internet Sites, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
21. SOCIAL NETWORKING SITES
These Terms and Conditions must be read in addition to the respective terms and conditions governing the use of social networking sites, such as Facebook and Twitter, as published by the relevant social networking site. By accessing a social networking site you agree to be bound by, and comply with, the terms and conditions of that social networking site, provided that these Terms and Conditions, along with our Privacy Policy and Terms of Purchase, are paramount where there are inconsistencies with the general terms and conditions published by the relevant social networking site.
22. DISPUTES
In the event of any problem with the Internet Sites or any content, you agree that your sole remedy is to cease using the relevant Internet Site.
23. FAILURE TO COMPLY
Racelab accepts no liability for any failure by Racelab to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
24. WAIVER
If Racelab waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
25. SEVERABILITY
If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in force.
26. BREACH
In the case of a breach of these Terms and Conditions by you or any other person, Racelab is free to decide whether it wishes to take action for such breach, and if so when and how. Racelab will not be prevented by passage of time or any other matter, from exercising its rights.
27. NO ASSIGNMENT
You may not assign any of your rights or obligations pursuant to these Terms and Conditions.
28. QUERIES
If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact Racelab.