1.2 myrace365 is an online platform that provides access to plan and book a variety of fitness and wellness activities at participating outlets (offline race) and online Virtual Runs (collectively referred to as “Virtual Race”, “Virtual Challenges”)
1.3 myrace365 is a technology firm that provides the Platform and/or Service but not the Activities. The Service enables myrace365 members to reserve and join Activities offered by the myrace365 & respective Partners. It is up to the Partners to offer their Activities to myrace365 members and it is up to myrace365 members to accept such Activities. The Platform and/or Service provided by myrace365 is to connect myrace365 members with such Partners but it does not nor is it intended to provide any of the Activities or any act that can be construed in any way as an act of providing the Activities.
1.4 By accessing, browsing, downloading and/or using the Platform and/or Service, you acknowledge that you agree to comply with and be bound by these Terms. If you disagree with any part of these Terms, you may discontinue your access and/or use of the Platform and/or Service.
1.5 We may revise or update these Terms at any time by posting a revised/an updated version on the Platform. Unless stated otherwise, any revision or update takes effect immediately. Your continued access and/or use of the Platform and/or Service after a revision or update to these Terms constitutes your binding acceptance of the revised or updated Terms.
1.6 We may change or update the Platform and/or Service and any information on the Platform and/or Service at any time without notice to you or liability to us. We may also suspend, discontinue, or restrict access to, the Platform and/or Service temporarily or permanently at any time without notice to you or liability to us.
1.7 Headings are inserted for convenience and shall not affect the interpretation of these Terms.
1.8 Promotional offers or discounts: We may make promotional offers or discounts with different features and different rates to our myrace365 members at our sole and absolute discretion and you agree that such promotional offers or discounts, unless also made available to you, shall have no bearing on your use of the Service.
2. PURCHASING AND PAYMENTS
2.1 Purchasing of Virtual Race & Virtual Challenge is done solely via credit card through our payment provider Stripe and that further changes or upgrades to this system may to enhance our services further.
2.2 Payment Method: You must provide us with a current, valid and accepted payment method (as may be updated, “Payment Method”) to use the Service. This does not waive our right to seek payment directly from you through any other methods, should the Payment Method fail. You may edit your Payment Method information by contacting Stripe at [email protected] . If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any unpaid purchases or fees and authorize us to continue billing the Payment Method.This may result in a change to your payment billing date. We use third party payment service providers to facilitate your Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreement between you and your financial institution, credit/debit card issuer or other provider of your selected Payment Method. We disclaim all liabilities associated with the security of the Payment Method. You shall be responsible to resolve any disputes with your financial institution, credit/debit card issuer or other provider of your selected Payment Method. Aside from Stripe, we accept online transfer – direct credit to our bank account. You may contact respective bank for the transaction issue.
2.3 Taxes: Your purchase of an activity fee is inclusive of applicable taxes where required by law. You agree that your fee shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time. You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend us to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
2.4 No refunds: Purchases are not refundable, and we will not refund or credit for any partially used or unused activities unless you provide credible evidence to us to prove that you have been wrongly billed or such other circumstances.
2.5 Competitions and promotions, such user content remains your property. However, by providing user content to us, you grant us an irrevocable, worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, reproduce, modify, publish, list information regarding, edit, remove, translate, distribute, publicly perform or display, and make derivative works of your user content in whole or in part, in any form, media or technology, whether now known or hereinafter developed for any purposes, including for the purpose of marketing and promoting myrace365 and the Platform and/or Service in any media formats and through any media channels, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that:
(i) you either are the sole and exclusive owner of all user content or you have all rights, licenses, consents and releases necessary to grant us the license to the user content as set forth above; and
(ii) neither the user content nor your submission, uploading, publishing or otherwise making available of such user content nor our use of the user content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide user content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole and absolute discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove user content, in our sole and absolute discretion and at any time and for any reason, without notice to you or liability to us.
2.6 Postage: myrace365 will provide initial delivery service upon completion of event for medal/race kit and that delivery charges may occur to be upheld from users end which will vary for each region/country and that myrace365 will not be liable for any damage caused from your local postal service. As delivery time of medal/merchandise will vary from region/country as well number of demand at the time.
Myrace365 will only be able to provide an estimate delivery date of delivery however will not be born to any form of mismanagement by the local postal service/provider and delivery times may vary between regions.
There will also be no refunds for any partially used or unused activity unless you provide credible evidence to us to prove that you have been wrongly billed. We reserve the right to suspend or terminate your Account without compensation to you and/or prevent your access to the Platform and/or Service if you are found to have repeatedly violated this policy. We reserve the right in our sole and absolute discretion to remove certain Activities from the Platform and/or Service. We shall not be liable for the Activity cancellation.
2.7 Communications from myrace365: By signing up with myrace365, you agree to receive email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, Activity reservation and cancellation confirmations as well as friend requests from other myrace365 members. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter which you can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail.
2.8 Children: The Virtual Race & Virtual Challenge is only open to those who have attained the age of 18 or above, or the age of majority in your country. By signing up with myrace365, you represent and warrant that you are at least 18 years of age. If you are under the age of 18 or the age of majority in your country, may only use the Activities under the company or supervision of a parent or legal guardian, under such person’s Account and otherwise subject to these Terms.
2.9 Multiple accounts: Every member is only entitled to create one account per person. Any member who creates multiple accounts with single identity or multiple identities shall be in violation of these Terms and shall have his Account suspended/terminated and shall not be allowed to have access to the Platform and/or Service upon suspension/termination. We and/or our Partners reserve the right to review and investigate all allegations of fraudulent activities and to take all measures we and/or our Partner deem necessary to ensure a fair sign up scheme is implemented accordingly.
Additional terms: When using the Platform and/or Service, you will be subject to any additional guidelines or rules applicable to specific products, services or features which may be posted (“FAQs”). All such FAQs are hereby incorporated by reference into these Terms. In the event of any inconsistencies or discrepancies between these Terms and the FAQs, these Terms shall prevail. Should you have any questions, please send us an email to [email protected]
3. PROMO CODE
3.1 Promo code is not transferable, exchangeable, convertible or redeemable for cash.
3.2 Promo code may not be combined or accumulated with other offers or promo codes.
3.3 Promo code may only be used pursuant to the specific terms that we establish for such promo code and you must enter the promo code into the “Promo Code” field prior to completing the order.
3.4 There is no limitation on the number of referrals that you can make. You can refer as many friends as you like if this referral policy is still in effect.
3.5 We reserve the right to withhold, deduct or remove credits or other features or benefits obtained using a promo code by you or any other user if we determine or believe that the use or redemption of the promo code was in error, fraudulent, illegal or in violation of the applicable promo code terms or these Terms.
3.6 We reserve the right to change, suspend, cancel and/or waive the promo code and its applicable terms at our sole and absolute discretion without notice to you or liability to us.
4. LUCKY DRAW
4.1 Lucky Draw winner selection shall be final and no correspondence shall be entertained.
4.2 Lucky Draws are tagged to respective races – all registered race participants are entitled entry to the Lucky Draw.
5. YOUR OBLIGATIONS
5.1 You are solely responsible for your own internet connection/telecommunication charges incurred for accessing and connecting to the Platform.
5.2 You may access and view the Platform and may save an electronic copy or print out a copy of the materials from the Platform, solely for your own personal and non-commercial use. All copies that you make must be in the form as presented on the Platform and must include all applicable copyright and other notices on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or for any commercial use.
5.3 You must comply always with any instructions for use of the Platform and/or Service which we make from time to time.
5.4 You must keep your username and/or login password secure and:
(a) not permit any other person to use your username and/or login password, including not disclosing or providing it to any other person; and
(b) immediately notify us if you become aware of any unauthorized use or disclosure of your username and/or login password, by sending an email to [email protected]
5.5 You should be aware that there are inherent physical and mental health risks to exercise, including the risk of injury or illness. Prior to participating in any of the Activities, you should seek the advice of your doctor or other qualified healthcare professional if you have any concerns or questions about your health. By using the Service and/or joining the Activity, you acknowledge and agree that your participation in any of the Activities offered by our Partners is entirely at your own risk and you shall have no recourse whatsoever against us and our Partners.
5.6 You must not:
(a) act in a way, or use or introduce anything (including any virus, worm, Trojan horse, time bomb, keystroke logger, spyware or other similar feature) that may compromise, damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, network, data or personal data stored on the Platform;
(b) use the Platform in any manner that could damage, disable, overburden or impair any of our server, or the networks connected to our server, or interfere with any other party’s access and use of the Platform;
(c) attempt to gain unauthorized access to the Platform, other MyRace365 members’ Accounts, computer systems or networks connected to our server, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
(d) obtain, or attempt to obtain, any information through any means not intentionally made available on or through the Platform;
(e) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform;
(f) license, sub-license, sell, re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
(g) modify or create a derivative work based on the materials on the Platform, nor decompile, decipher, reverse-engineer or disassemble or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform in order to build a competitive product or service; build a product using similar ideas, features, functions or graphics of the Platform; or copy any ideas, features, functions or graphics of the Platform;
(h) link to, mirror or frame any portion of the Platform;
(i) cause or launch any programs or scripts for scraping, indexing, surveying, or otherwise data mining any portion of the Platform;
(j) intentionally or unintentionally cause or attempt to cause physical or property damage or harm to any MyRace365 members or Partners; and/or
(k) permit third parties (including other MyRace365 members) to use any Activities reserved under your own subscription plan, unless such Activities are reserved for a child’s use, in which case, the child must be accompanied or supervised by you when he/she uses the Activities.
5.7 You hereby agree to indemnify and hold us, our affiliates, and each of our and their respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives harmless against all losses, damages, claims, liabilities, expenses or costs that arise from or in connection with:
(a) your access and/or use of the Platform and/or Service;
(b) your breach of any of these Terms or any applicable law or regulation;
(c) your dealing with the Partners, including your breach of any terms set by the Partners or the rights of any third party, including the Partners;
(d) any other party’s access and/or use of the Platform and/or Service using your username and/or login password; and/or
(e) any other party’s breach of any of these Terms where such party was able to access and/or use the Platform and/or Service using your username and/or login password.
5.8 Any rights relating to the use of the Platform and/or Service not expressly granted herein are reserved and no license or right is granted to you by implication, estoppel or otherwise.
6. CONTENT AND USE OF MESSAGING
6.1 In order to operate and provide our services through our Platform, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Platform. The rights you grant in this license are for the limited purpose of operating and providing our services (such as to allow us to display your profile picture and status message, and transmit your messages).
6.2 The Platform may allow you to participate in private chat rooms and to utilize messaging features to communicate with other users of the Platform. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform, solely for your personal, non-commercial use.
6.3 Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available.
6.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or messages that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may or may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
6.5 You agree not to use the Platform in order to:
(a) post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise harmful;
(b) defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
(c) upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or other users’ computers;
(d) attempt to obtain passwords or other private information from other members.
6.6 If you see something that you think violates 6.5 or find content you are uncomfortable with or find inappropriate, but does not violate 6.5, you may “unfollow” and / or “block” the User who posted it. You may also “report” a User for violations to the guidelines and agreement stated in 6.5.
6.7 We reserve the right to remove Content that violates the agreement made in 6.5 and other examples like, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
6.8 These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms & Conditions or improper use of the Platform and to take action including termination of your Account and exclusion from further participation in the Platform.
6.9 You acknowledge that we have the rights to view Your Content (including but not limited to Messages). You also acknowledge that we have the right (but not the obligation) in our sole discretion to remove any of Your Content and we reserve the right to change, condense, or delete any of Your Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any of Your Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
7. INTELLECTUAL PROPERTY
7.1 We are the owner (or the licensee, where applicable) of all proprietary and intellectual property rights on the Platform (including all information, data, texts, graphics, visual interfaces, artworks, photographs, logos, icons, sound recordings, videos, look and feel, software programmed, computer code, downloadable files, software applications, medals, interactive features, tools, services) or other information or content made available on or through the Platform.
7.2 We grant you, subject to these Terms, a non-exclusive, non-transferable, non-assignable, personal, limited license to access and use the Platform and/or Service for your own personal and non-commercial use. This license is revocable at any time without notice to you or liability to us. All rights not expressly granted to you are reserved by us.
7.3 The terms “MyRace365”, “Live 365 Technology”, and our logo are our trademarks, trade names and service marks. Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the marks “MyRace365”, “Live 365 Technology” and our logo.
7.4 All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
8.1 While we endeavor to ensure that the information and materials on the Platform and/or Service are correct, no representation, warranty or guarantee, express or implied, is given that they are complete, accurate, up-to-date, fit for a purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. The information and materials on the Platform and/or the quality of the Service are provided to you for information purposes only and on an “as is” and “as available” basis without representations, warranties or guarantees of any kind either express or implied.
8.2 Whilst we endeavor to make the Platform available 24 hours a day, we shall not be liable if for any reason the Platform is unavailable for any time or for any period. We make no representation, warranty or guarantee that your access to the Platform will be uninterrupted, timely or error-free. Due to the nature of the Internet, this cannot be guaranteed. In addition, we may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
8.3 To the extent permitted by law, we and our licensors hereby disclaim all warranties, express or implied, statutory or otherwise, in respect of the Platform and/or Service and we and our licensors have no liability or responsibility to you or any other person (even if we have been advised as to the possibility) for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with:
(a) the Platform and/or Service being unavailable (in whole or in part), interrupted or performing slowly;
(b) any error in, or omission from, any information made available through the Platform and/or Service;
(c) any other party’s access and/or use of the Platform and/or Service using your username and/or login password;
(d) any exposure to malicious software including but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful forms of interference which may damage your computer system, mobile device, software, data or other property or expose you to fraud when you access or use the Platform and/or Service. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform and/or Service protects you from this; and/or
(e) any site linked from the Platform and/or Service. Any link on the Platform and/or Service to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
8.4 We make no representation, warranty or guarantee:
(a) that the Platform and/or Service is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform and/or Service is not illegal or prohibited, and for your own compliance with applicable local laws;
(b) that the Platform and/or Service will be compatible with all hardware, software and operating system which you may use;
(c) about the accuracy, reliability, suitability, completeness or timeliness of the Platform and/or Service or of any information from the Partners, such as class times, locations and descriptions; and/or
(d) about the quality, suitability, safety or ability of the Partners’ services.
8.5 We are not responsible nor liable for any direct, indirect, economic, exemplary, incidental or consequential loss (including loss of profit and loss of data), damage, cost or expense, whether in contract, tort (including negligence, injuries or other health or medical problems), that you may suffer or incur as a result of or in connection with the acts, omissions and/or negligence of any Partner who provides the Activities to you.
9. EXCLUSION OF LIABILITY
9.1 To the maximum extent permitted by law:
(a) your access and use of the Platform and/or Service is entirely at your own risk; and
(b) we, our respective directors, shareholders, employees, partners, agents, contractors, directors, suppliers, vendors and representatives are not liable or responsible to you or any other person for any direct, indirect or consequential loss (including loss of profit and loss of data), damage, claim, liability, expense or cost, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, arising out of or in connection with these Terms, the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service.
9.2 To the extent our liability cannot be excluded but can be limited, our liability shall not exceed MYR 100.
9.3 To the maximum extent permitted by law and only to the extent clauses 9.1 and 9.2 of these Terms do not apply, our total liability to you under or in connection with these Terms, or in connection with the Platform and/or Service, or your access and use of (or inability to access or use) the Platform and/or Service, shall not exceed MYR 100.
11. SUSPENSION AND TERMINATION
11.1 We reserve the right, in our absolute discretion, to monitor all access and use of the Platform and/or Service.
11.2 Without prejudice to any other right or remedy available to us, if we consider that you have breached any of these Terms or we otherwise consider it appropriate, we may immediately, and without notice to you or liability to us, suspend or terminate your Account and access to the Platform and/or Service (or any part of it) without compensation to you and we may block access from a particular Internet protocol address to the Platform and/or Service (or any part of it) in the event of any breach of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for breach of these Terms.
11.3 On suspension or termination of your Account, you must immediately cease using the Platform and/or Service and must not attempt to gain further access.
12. LINKS TO OTHER WEBSITES
12.1 Any links provided on the Platform are provided for your convenience only. Should you leave the Platform via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any purpose or any representations, warranties or guarantees arising from usage, custom or trade or by operation of law.
12.2 Any such link to other linked web pages or websites on the Platform does not constitute an endorsement, authorization, verification or representation that we are affiliated with the operators or owners of those linked websites, or the contents.
12.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
13. THIRD-PARTY ADVERTISING
We may allow third party advertisers to place advertisements on the Platform or any part thereof. Such advertisements will be clearly identified as originating from third parties. By using the Platform and/or Service, you agree to receive such advertising and marketing materials. If you do not want to receive such advertising and marketing materials, you should notify us in writing. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements.
14. GPS APP AND IT’S USAGE
For non-treadmill results that’s submitted to us, the results provide must be submitted via a GPS based mobile app used to track athletic activity via satellite navigation and then upload and share such activities.(Strava, Run keeper, Endomondo, Garmin etc)
As with any GPS app or mobile data device, the accuracy of the location information shown on the tracking panel depends on, amongst other things, the quality of the connection between the Device and the GPS satellites and the connection with the mobile phone network. These can be affected by environmental factors such as bad weather or the presence of tall buildings and information can be delayed, corrupted or lost. The information on the tracking panel is therefore to be regarded as being a guide to the location of the Device at the time of the last update received from it, and subject to error. At best, the Device is accurate to around 5 meters. We do not warrant that the Service will be available always, as (in addition to the factors mentioned above), it may be down for maintenance or as a result of a fault. Accordingly, we cannot accept liability for any loss or damage incurred by you or any third-party app using your Device, arising from the Service or the Device, from any information displayed as part of the Service or from any unavailability of any of them. Use of the Device and the Service is not a substitute for proper care and supervision of the item to which the Device is attached. It is your responsibility to ensure you have any relevant insurance and to consider and decide whether the Device and Service are appropriate for your needs. We do not accept liability for death of or injury to any person caused by user’s own negligence. We do not accept liability for any indirect or consequential losses, or for loss of profit, business or revenue, whether direct or indirect. The usage of GPS routes is to showcase distance completed by user based upon results submitted as to ensure fair play among all users. If at any time we believe that you have broken these Terms or the terms of any other agreement with us or are using the Device or the Service improperly or illegally, we may terminate or suspect the provision of the Service immediately. We will inform you by text or e-mail to the contact details you have given us if we have taken, or intend to take, such action.
15.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. Notice will be deemed given 48 hours after email is sent or notice is posted on the Platform. You agree that this satisfies all legal requirements in relation to written communications.
15.2 These Terms, and any dispute relating to these Terms or the Platform and/or Service, shall be governed by and construed in accordance with the laws of each user’s country without regard to the choice or conflicts of law principles of any jurisdiction. Each party submits to the exclusive jurisdiction of the Courts of the user’s country in relation to any disputes or claims arising out of or in connection with these Terms or the Platform and/or Service.
15.3 The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by all the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
15.4 Any cause of action arising out of or in connection with these Terms or the Platform and/or Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15.5 For us to waive a right under these Terms, the waiver must be in writing.
15.6 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 5, 6, 7 and 11, continue in force.
15.7 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid under any enactment or rule of law or by any court in any jurisdiction, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will remain in full force and effect and continue to be binding and enforceable on you.
15.8 These Terms set out everything agreed by the parties relating to your use of the Platform and/or Service and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty, guarantee or agreement relating to the Platform and/or Service that is not expressly set out in these Terms, and no such representation, warranty, guarantee or agreement has any effect from the date you agreed to these Terms.
15.9 You may not assign these Terms without our prior written approval. We may assign these Terms without your consent to: (i) our subsidiary or related/affiliated company; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, MyRace365 or any Partner because of these Terms or use of the Platform and/or Service.
1.4 If you are a company, an entity or an organization, references to the term “you” and “your” shall also include your employees, representatives and agents.
2. INTERNET AND MOBILE APPLICATION USE
2.1 You acknowledge that the provision of your personal data to us over the Internet is entirely at your own risk.
2.2 You further acknowledge that if you post your rating and/or review on the Platform, your rating and/or review will become a public information and will be retained by us even after your subscription plan has been terminated. Your email address and phone number will not be visible to others through any rating and/or review that you post.
2.7 We may automatically receive, record and store location services information from your computer or mobile device when you interact with us. You hereby consent to our use of anonymised location services information collected from you. Where the location services information is personally identifiable, we will give you the options to manage your disclosure of this information. Depending on the functionalities available on your computer or mobile device, you may benefit from advanced options to manage the location services information. A computer or mobile device may report its GPS location at the time you interact with us if the location services settings are enabled. Such information is not identified as personal data, except where we are required to do otherwise under applicable law.
In order to improve our products and services, we collect data by way of “cookies”. Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App. This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users. Cookies also enable you to use or access certain features or services of our Site or App, including the shopping cart and check-out features. Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally. Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App.
4. CONTACT DETAILS
Last updated on 19 Apr 2020