Terms and Conditions of Use

Welcome to Racewear Carousel.

 

  1. Accepting these Terms and Conditions

The Terms and Conditions are a legally binding contract between you and Racewear Carousel. This contract sets out your rights and responsibilities when you use the services provided by Racewear Carousel (we’ll refer to our website and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms and Conditions. If you don’t agree with the Terms and Conditions, you may not use our Services.

  1. Other Documents

Racewear Carousel’s Services connect people to sell and buy goods. Here’s a summary of our policies to help you understand the specific rules that are relevant for you, depending on how you use the Services.

Please read each policy

BUYER and VENDOR
SHIPPING
-RETURNS and REFUNDS
-PAYMENTS and FEES
COMMUNITY

  1. Your Privacy

Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms and Conditions.

  1. Your Account with Racewear Carousel

You’ll need to create an account with Racewear Carousel to use some of our Services. Here are a few rules about accounts with Racewear Carousel:

  1. You must be 18 or older to use our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
  2. Provide accurate information about yourself. It’s not OK to use false information or impersonate another person or company through your account.
  3. A username that is offensive, vulgar, or infringes someone’s intellectual property rights violates the Terms and Conditions. When registering for an account use an appropriate email address as usernames are automatically generated using your email address.
  4. You are responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity you personally guarantee that you have the authority to agree to the Terms and Conditions on behalf of the business. Also, your accounts are not transferable.
  5. Protect your password. You’re solely responsible for any activity on your account, so it’s important to keep your account password secure.
  6. These Terms and Conditions don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and Racewear Carousel.
  7. Business directory listings expire after 12 months. Fees and charges may apply to renew your listing. Any request to be removed  from the directory must be done in writing via email.

Your Content

Content that you post using our Services is ‘your content’. We don’t make any claim to it. That includes anything you post using our Services (like usernames, shop names, profile pictures, listing photos, listing descriptions etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
  2. Permission to Use Your Content. By posting Your Content through our Services, you grant Racewear Carousel a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Racewear Carousel function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your items.
  3. Rights You Grant Racewear Carousel. By posting Your Content, you grant Racewear Carousel a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Racewear Carousel, your Racewear Carousel shop, or the Services in general, in any formats and through any channels, including across any Racewear Carousel Services or third-party website or advertising medium.
  4. Racewear Carousel reserve the right to modify your business details and make changes to any of your product or service information.

It’s necessary for us to keep Racewear Carousel going.

  1. Reporting Unauthorised Content. Racewear Carousel is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
  2. Inappropriate, False or Misleading Content. There are certain types of content we don’t want posted on Racewear Carousel’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms and Conditions. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
  3. Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and Conditions and the following restrictions in particular:

  • Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you. You may not sell anything that violates any laws; and don’t commit fraud, theft or any other crimes against Racewear Carousel, another Racewear Carousel user or a third party.
  • Pay Your Bills. You are responsible for paying all fees that you owe to Racewear Carousel. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
  • Don’t Steal From Us. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • Follow Our Trademark Policy. The name “Racewear Carousel” and the other Racewear Carousel marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of Racewear Carousel in Australia and other countries. If you’d like to use our trademarks, please contact us.
  • Share Your Ideas. Your suggestions and ideas can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Racewear Carousel (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  1. Deactivation

Deactivation By You. You may terminate your account with Racewear Carousel at any time by contacting us. Deactivating your account will not affect the availability of some of Your Content that you posted through the Services prior to deactivation. You’ll still have to pay any outstanding bills.

Deactivation By Racewear Carousel. We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. Racewear Carousel may refuse service to anyone, at any time, for any reason.

If you or Racewear Carousel deactivate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Racewear Carousel reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

Survival. The Terms and Conditions will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

  1. Warranties and Limitation of Liability

Items You Purchase. You understand that Racewear Carousel does not manufacture, store or inspect any of the items sold through our Services. We provide the venue; the items in our marketplace are produced and sold directly by independent sellers, so Racewear Carousel can’t and does not make any warranties about their quality, safety or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Racewear Carousel from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Racewear Carousel is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own Terms and Conditions of use. Racewear Carousel is not a party to those agreements; they are solely between you and the third party.

Warranties. Racewear Carousel is dedicated to making our Services the best they can be. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.

We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability Limits. To the fullest extent permitted by law, neither Racewear Carousel, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms and Conditions. In no event shall Racewear Carousel’s aggregate liability for any damages exceed the greater of one hundred ($100) AU Dollars or the amount you paid Racewear Carousel in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

9. Indemnification

If Racewear Carousel gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Racewear Carousel (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms and Conditions or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

  1. Disputes with Other Users

If you find yourself in a dispute with another user of Racewear Carousel’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Buyers and sellers who are unable to resolve a dispute related to a transaction on our website may contact us for support. Racewear Carousel will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Racewear Carousel has no obligation to resolve any disputes. You release Racewear Carousel from any claims, demands and damages arising out of disputes with other users or parties.

 

  1. Changes to the Terms and Conditions

We may update these Terms and Conditions from time to time. If we believe that the changes are material, we’ll notify you by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms and Conditions.

  1. Some Finer Legal Points

The Terms and Conditions, including all of the policies that make up the Terms and Conditions, supersede any other agreement between you and Racewear Carousel regarding the Services. If any part of the Terms and Conditions is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect. Our failure to enforce any part of the Terms and Conditions is not a waiver of our right to later enforce that or any other part of the Terms and Conditions. We may assign any of our rights and obligations under the Terms and Conditions.

  1. Contact Information

If you have any questions about the Terms and Conditions, please email us at: hello@racewearcarousel.com.au.