RACERCODE
Terms and Conditions
1. ACCEPTANCE
1.1 Definitions
The following definitions apply to these terms and conditions: The www.racercode.com website will hereinafter be referred to as "the Site". Registered users who are event organizers and planners shall hereinafter be referred to as "Organizers". Registered users who will attend or participate in such events shall hereinafter be referred to as "Racer". Partner websites, the services and software available on or through the Site (taken together with the Site), collectively shall hereinafter be referred to as "the Service". The payment processing gateway shall hereinafter be referred to as the "Gateway". Any software in connection to the service shall be hereinafter referred to as the "Software".
1.2 Overview
The following terms and conditions govern all usage of the www.racercode.com, the Site, as well as the Service. The Service is owned and operated by RACERCODE. The Service is offered conditionally upon your acceptance to the terms of the conditions contained herein, along with all other operating rules, policies, and procedures that may be updated or modified from time to time on the Site by RACERCODE. Your acceptance must be without modification to any of the terms and conditions contained herein. USING OR ACCESSING ANY PART OF THE SERVICE SHALL BE DEEMED ACCEPTANCE TO ALL TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.
1.3 Modification
RACERCODE reserves the right, at its sole discretion, to modify or replace any of the terms or conditions contained herein. It is your responsibility to check this Terms and Conditions periodically for changes. Continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those modifications. If you do not agree to any of the changes to the Terms and Conditions, your sole remedy is to cease accessing, browsing, or otherwise using the Service and Site in any way.
2. DESCRIPTION OF RACE REGISTRATION ONLINE
RACERCODE provides an effective, yet simple means for Organizers to create events and collect event registration fees from Racer. After visiting the Site to create events, fill out information about their events including pricing, location, products, charities, etc., Organizers may set up collecting event registration fees online directly from Racer. Payments are transacted through the RACERCODE payment processing gateway (the "Gateway"). For more information, please see https://www.racercode.com. These Terms and Conditions apply to both Organizers and Racer alike.
3. PAYMENT METHODS
Depending on the payment processing option the Organizer elects when using the Service, monetary payments will be made to the Organizer by RACERCODE. There is one form of payment processing for Organizers which requires the use of the Gateway for event registration fee collection.
(a) Payment Process
If an Organizer elects to use the Service to collect event registration fees, payment processing is directly handled by RACERCODE. Under the Service, (i) RACERCODE will collect all event registration fees on behalf of the Organizer from the Racer and deduct all applicable service charges from the event registration fees passed along to the Organizer.; (ii) RACERCODE will distribute all payments to the Organizer (event registration fees minus applicable service charges) at the address, or direct deposit details that the Organizer accurately provided; and (iii) RACERCODE will submit payment for the balance due to the Organizer within fifteen (15) business days after the event end date for the event to which the registration fees correspond, provided that RACERCODE reserves the right to withhold funds at any time as RACERCODE determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud and other discrepancies.
(b) Refunds
(i) The Organizer has the responsibility to communicate its refund policy to Racer and to issue refunds on the behalf of Racer via the Service. Organizer shall ensure that its refund policy is consistent with the terms of this Agreement and the payment and refund mechanics of the Service. Refunds issued by Organizer will be processed within fifteen (15) business days after the Organizer instructs the issuance of the refunds via the Service. No payments shall be made to the Organizer from RACERCODE with respect to any event that is cancelled. If a Racer desires to request a refund, Racer must request the refund from the Organizer (either before the event or shortly after the event, to permit the Organizer sufficient time to issue the refund). All communications or disputes regarding refunds are between the Organizer and Racer and RACERCODE will not be responsible or liable for refunds or the lack thereof issued in the course of the use of the Full Service option. (ii) Notwithstanding the foregoing, whether you are using the Service as an Organizer, Racer or otherwise, you acknowledge and agree that RACERCODE shall have the right to force a refund of any or all funds at any time for any reason or no reason, including without limitation if RACERCODE receives complaints from a substantial number (as determined by RACERCODE in its sole discretion) of Racer with respect to an Organizer or the applicable event, or RACERCODE determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations.
(c) Credit Card Chargebacks
RACERCODE will be the sole and direct channel of correspondence in all chargeback proceedings. Chargeback notifications from use of the Service (initiated by the Racer with their credit card provider) are sent directly to RACERCODE via the constituent merchant banks. RACERCODE will utilize all available resources to contest or address each chargeback directly with the merchant bank in the time allotted for response. Chargeback cases where RACERCODE does not successfully secure a reversal or deems the chargeback to be warranted as stated, shall be charged back to the Organizer of such event. RACERCODE shall either (i) deduct these costs, and any associated fees from the merchant bank, from such Organizer’s outstanding balance, whether for that particular event or for any other event that such Organizer lists through the Service; or (ii) send an invoice to such Organizer for such costs if no balance exists. If payment for such invoice is not received by RACERCODE within thirty (30) days, RACERCODE reserves the right, at RACERCODE’s sole discretion, to terminate such Organizer’s registration for the Service and to cancel all other events listed by such Organizer as provided herein. In accordance with and without limiting Section 11, all communications and disputes regarding chargebacks are between the Organizer and Racer and RACERCODE will not be responsible or liable in any way for chargebacks issued in the course of the use of the Full Service option.
(d) Confirmation
RACERCODE generates a confirmation message and issues a unique confirmation number upon receipt of a credit card authorization from each purchase. If you are using the Service as an Organizer, you agree to unconditionally accept, honor, and fulfill all registration commitments that have been confirmed by RACERCODE through the Service, and it is your responsibility to verify the Racer’s status, confirmation number and/or any event restrictions prior to the subject event.
4. USE OF THE SERVICE AND SOFTWARE
4.1 The Service
Use of the Service shall be limited to use of the same for purposes that are permitted by these Terms and Conditions and any applicable laws and regulations (foreign and domestic). Organizers and Racers shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event registrations through the Service as an Organizer); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service. RACERCODE may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.
4.2 Software
Downloading of any software shall constitute a granting by RACERCODE, subject to the terms and conditions, of a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with the terms and conditions and the written instructions/ directions (if any) provided by RACERCODE. For clarity, the Software will be deemed a part of the "Service" hereunder.
5. REGISTRATION OBLIGATIONS
All registered users of the Service, both Organizers and Racers alike, agree to the following registration obligations: (a) provide true, accurate, current and complete information as prompted by the Service registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RACERCODE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RACERCODE has the right to suspend or terminate your account and refuse any and all of your current or future use of the Service (or any portion thereof). RACERCODE is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority to register for an account.
6. PASSWORD, SECURITY, AND ACCOUNT
You will create an account and password as part of the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RACERCODE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RACERCODE cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
7. INDEMNIFICATION AND LIMITATION OF LIABILITY
7.1 Indemnification
All users alike, including Organizers, Racer, Organizer Referrers, and Racer Referrers or otherwise, agree to defend, indemnify and hold RACERCODE, and its affiliates, and their officers, agents, cobranders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys` and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service (including the Referral Software); your violation of these Terms and Conditions; or your violation of any rights of another. RACERCODE shall provide notice to you of any such Claim. RACERCODE reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting RACERCODE’s defense of such matter.
7.2 Limitation of Liability
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, OR FRUSTRATION OF BUSINESS EXPECTATIONS, WHETHER ARISING OUT OF SUCH PARTY’S BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). NEITHER PARTY SHALL ASSERT ANY SUCH CLAIM AGAINST THE OTHER OR ITS SUBSIDIARIES OR AFFILIATED COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES. RACERCODE ’S MAXIMUM LIABILITY HEREUNDER FOR ANY CLAIMS WHATSOEVER IS EXPRESSLY LIMITED TO THE AMOUNT PAID UNDER THIS AGREEMENT BY CUSTOMER TO RACERCODE DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE GIVING RISE TO THE CLAIM, IF ANY. NO CLAIM MAY BE BROUGHT BY THE CUSTOMER OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT MORE THAN ONE YEAR AFTER THE INCIDENT GIVING RISE TO THE CLAIM.
8. MODIFICATIONS OF SERVICE/SUSPENSIONS
RACERCODE reserves the right at any time to make modifications to, suspend, or discontinue (temporarily or permanently), the Service (or any part of the Service), with or without notice. RACERCODE will not issue refunds, in whole or in part, for service charges for any reason, except with respect to refunds to Racer that are expressly permitted under Section 3(b). You agree that RACERCODE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION
RACERCODE, in its sole discretion, may terminate your account, password, and/or your right to use the Service, and remove and discard any and all of Your Content within the Service. RACERCODE may do so for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due to RACERCODE, or if RACERCODE believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that RACERCODE may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that RACERCODE shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of these Terms and Conditions that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
10. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, THE SERVICE IS PROVIDED HEREUNDER BY RACERCODE “AS IS” WITHOUT WARRANTY OF ANY KIND. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, RACERCODE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, WHETHER MADE BY EMPLOYEES OF RACERCODE OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY RACERCODE FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF RACERCODE WHATSOEVER.
11. NOTICE
Any notice or correspondence required or permitted to be given or forwarded hereunder or by law shall be effective on receipt and shall be considered properly given if in writing and delivered personally or faxed with confirmation or sent by any commercially reasonable means of receipted delivery, addressed, with respect to Customer, to the address of Customer most recently provided in writing to RACERCODE, and with respect to RACERCODE, to the address of RACERCODE appearing on its web site at the time of such notice.
12. PRIVACY POLICY
The Privacy Policy of RACERCODE is hereby incorporated by reference into these Terms and Conditions. All information provided by you or collected by RACER CODE in connection with the Service is governed by RACERCODE’s Privacy Policy. RACERCODE strongly recommends that you review the Privacy Policy closely. In particular, Event Organizers should note that RACERCODE may use information it receives or collects regarding Racer in accordance with the terms of its Privacy Policy. Further, any information submitted or provided by you to the Service may be publicly accessible. You should take care to protect private information or information that is important to you. RACERCODE shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Service, this information may become public. RACERCODE does not control and shall not be responsible for the acts of you or any other users of the Service.
13. ASSIGNMENT
These Terms and Conditions shall inure to the benefit of, and shall be binding upon, both parties and their respective successors and permitted assigns. The rights and duties of the parties are not assignable or delegable. Any attempt to assign or delegate any rights or duties under these Terms and Conditions without the prior written consent of the other party shall be void, except as expressly set forth herein or to an individual entity which has merged or which has otherwise succeeded to all or substantially all of the assets or equity securities of the assignor, and which has assumed in writing or by operation of law, the assignor’s obligations under these Terms and Conditions.
14. GENERAL
This Agreement represents the complete agreement between the parties hereto with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether written or oral, between the parties. This Agreement may not be modified or amended, except by a written instrument executed by each of the parties hereto. This Agreement is for the sole benefit of the parties hereto and is not for the benefit of any third party. The parties hereto shall be deemed to be independent contractors hereunder, and as such, neither party shall be, nor hold itself out to be, an employee or agent of the other party. The language used in this Agreement shall be deemed to be language chosen by both parties hereto to express their mutual intent, and no rule of strict construction against either party shall apply to licenses granted herein or to any term of condition of this Agreement.
15. GOVERNING LAW
This Agreement shall be governed by the laws of Indonesia.
16. REPORTING VIOLATIONS
Please report any violations of these Terms and Conditions by email to support@racercode.com. Privacy Policy
RacerCode
As of: May 2, 2018
Respect of Privacy
We respect your right to the privacy of your personal information. RacerCode is committed to protecting the privacy of our visitors. In order to provide a safe, secure experience, we make every effort to ensure that your information remains private and is used only for the purposes described below.
Your information
This website provides forms and may request you to provide information including but not limited to the following:
- Full name, residential address, phone number, email address, gender, date of birth, payment information (if applicable).
- We use this information to register events, racers and/or sponsors for the purposes described within our website.
Uses
We may use the information and data collected for auditing or research and analysis to operate and improve RacerCode products, technologies and services. We may share aggregated, non-personal information with third parties outside of RacerCode. We may also share information with third parties in limited circumstances. This may include compliance with legal processes aimed at preventing fraud or eminent harm. This may also include the goal of ensuring the security of our network and services.
Children’s Privacy Policy
RacerCode facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
External Sites
Our website visitors have access to links to other web pages from our site; however the views of these linked sites may or may not reflect the views of this organization. RacerCode is not liable for content or information gathered on any of those linked sites not owned by RacerCode.
Analytical Information
RacerCode uses cookies and other technologies to collect anonymous traffic data. When a user visits our website, the servers automatically record information including URL, IP address, browser type and language, including the date and time of the request.
Information Security
RacerCode takes precaution to protect personal information. We utilize security measures such as data encryption, SSL secure link usage, and password protection where applicable.
Future Changes to Privacy Policy
RacerCode reserves the right to update, modify, or expand upon this privacy policy. Any future changes will alter the current effective privacy policy, and it is the user’s responsibility to check for periodic changes to the terms with which users are accepting.
Contact Information
RacerCode appreciates your feedback, questions, ideas and words of appreciation. Our contact information is the following:
RacerCode
Equity Tower 35th Floor SCBD Lot 9
Jl. Jend Sudirman Kav 52-53 Jakarta 12190
Phone:
cs@racercode.com
