Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

Welcome to www.racerfly.com! These Terms of Use describe the terms and conditions applicable to your access and use of the website at www.racerfly.com, a 'Site.' This document is a legally binding agreement between you as the User (s) of the Site (referred to as 'you,' 'your,' "Customer" or 'User' after this) and the racerfly.com entity (referred to as 'we,' 'our' or 'racerfly.com' after this).

For any transactions on racerfly.com from India, these terms are an agreement between you and RACERFLY TECHNOLOGY CO., LTD, goods and/or services will be delivered by RACERFLY TECHNOLOGY CO., LTD, returns and chargebacks are also handled by RACERFLY TECHNOLOGY CO., LTD.

1. Application and Acceptance of the Terms

1.1 Your use of the Site and racerfly.com's services, software, and products (collectively the as the 'Services' hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy and any other rules and policies of the Site that racerfly.com may publish from time to time. This document and such additional rules and policies of the Site are collectively referred to below as the 'Terms.' By accessing the Site or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Site if you do not accept all of the Terms.

1.2 You may not use the Services and may not accept the Terms if (a) you are not of legal age (at least 16 years old) to form a binding contract with racerfly.com, or (b) you are not permitted to receive any Services under the laws of India or other countries/regions including the country/region in which you are resident or from which you use the Services.

1.3 You acknowledge and agree that racerfly.com may amend any Terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to use the Services or the Site, you agree that the amended Terms will apply to you.

1.4 If racerfly.com has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Site.

1.5 You may be required to enter into a separate agreement, whether online or offline, with racerfly.com or our affiliate for any Service ('Additional Agreements'). If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

1.6 The Terms may not otherwise be modified except in writing by an authorized officer of racerfly.com.

2. Provision of Services

2.1 You must register as a user on the Site in order to access and use some Services. Further, racerfly.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that racerfly.com may impose in our discretion.

2.2 Some Services may be provided by racerfly.com's affiliates on behalf of racerfly.com.

2.3 Services (or any features within the Services) may vary for different regions and countries. No warranty or representation is given that a particular Service or feature or function thereof or the same type and extent of the Service or features and functions thereof will be available for Users. racerfly.com may, in our sole discretion limit, deny, or create different levels of access to and use of any Services (or any features within the Services) concerning other Users.

2.4 racerfly.com may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice except that in case of a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.

3. Users Generally

3.1 As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.

3.2 You agree to use the Site or Services solely for your own private and internal purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Site (the 'Site Content'), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with racerfly.com or otherwise commercially exploiting the Site Content. Systematic retrieval of Site Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from racerfly.com is prohibited. The use of any content or materials on the Site for any purpose not expressly permitted in the Terms is not permitted.

3.3 You must read racerfly.com's Privacy Policy, which governs the protection and use of personal information about Users in possession of racerfly.com and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you per the Privacy Policy.

3.4 racerfly.com may allow Users to access to content, products, or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web site. You are cautioned to read such web site' terms and conditions and/or privacy policies before using the Site. You acknowledge that racerfly.com has no control over such third parties' web site, does not monitor such web site, and shall not be responsible or liable to anyone for such web site, or any content, products, or services made available on such web site.

3.5 You agree not to undertake any action to undermine the integrity of the computer systems or networks of racerfly.com and/or any other User nor to gain unauthorized access to such computer systems or networks.

3.6 You agree not to undertake any action which may undermine the integrity of racerfly.com's feedback system, such as leaving positive feedback for yourself using secondary User IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

4. User Accounts

4.1 User must be registered on the Site to access or use some Services (a registered User is also referred to as a 'user' below). Except with racerfly.com's approval, one User may only register one user account on the Site. racerfly.com may cancel or terminate a User's user account if racerfly.com has reasons to suspect that the User has concurrently registered or controlled two or more user accounts. Further, racerfly.com may reject the User's application for registration for any reason.

4.2 Upon registration on the Site, racerfly.com shall assign an account and issue a user ID and password (shall be chosen by a registered User during registration) to each registered User.

4.3 A set of user ID and password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under your account. No user may share, assign, or permit the use of your user account, ID, or password by another person outside of the User's business entity. The User agrees to notify racerfly.com immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

4.4 user agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services or sending messages) will be deemed to have been authorized by the User.

4.5 user acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple uses"), may cause irreparable harm to racerfly.com or other Users of the Site. User shall indemnify racerfly.com, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account. The User also agrees that in case of the multiple uses of your account or User's failure to maintain the security of your account, racerfly.com shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User's account without liability to User.

5. User's Responsibilities

5.1 Each User represents, warrants, and agrees that they have full power and authority to accept the Terms in this agreement.

5.2 Users will be required to provide information or material about your entity as part of the registration process on the Site for a user account. Each User represents, warrants, and agrees that (a) such information and material, whether submitted during the registration process or after that throughout the continuation of the use of the Site or Service are correct, accurate, current, and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

5.3 Upon becoming a user, you consent racerfly.com to store and use your information per the Privacy Policy.

5.4 Each User represents, warrants, and agrees that any User Content that they submit, post, or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets, or any other personal or proprietary rights of any third party ('Third Party Rights').

5.5 Each User further represents, warrants, and agrees that the User Content that you submit, post, or display shall:

  1. be true, accurate, complete and lawful;
  2. not be false, misleading or deceptive;
  3. not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
  4. not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  5. not contain any link directly or indirectly to any other web Site which includes any content that may violate the Terms.

5.6 Each User further represents, warrants, and agrees that you shall:

  1. carry on your activities on the Site in compliance with any applicable laws and regulations;
  2. carry on your actions following the Terms and any applicable Additional Agreements;
  3. not use the Services or Site to defraud any person or entity;
  4. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
  5. not engage in spamming or phishing;
  6. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any illegal activities;
  7. not involve attempts to copy, reproduce, exploit or expropriate racerfly.com's various proprietary directories, databases and listings;
  8. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
  9. not involve any scheme to undermine the integrity of the data, systems or networks used by racerfly.com and/or any user of the Site or gain unauthorized access to such data, systems or networks;
  10. not engage in any activities that would otherwise create any liability for racerfly.com or our affiliates.

5.7 user may not use the Services to engage in activities which are identical or similar to racerfly.com's e-commerce business.

5.8 user agrees to provide all necessary information, materials, and approval and render all reasonable assistance and cooperation required for racerfly.com's provision of the Services, evaluating whether User has breached the Terms and/or handling any complaint against the User. If the User's failure to do so results in delay in, or suspension or termination of, the provision of any Service, racerfly.com shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

5.9 user acknowledges and agrees that racerfly.com shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained, or accessible through the Services or Site. racerfly.com does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any user. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.

6. Breaches by users

6.1 racerfly.com reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post, or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject racerfly.com or our affiliates to liability or is otherwise found inappropriate in racerfly.com's opinion.

6.2 If any user breaches any Terms or if racerfly.com has reasonable grounds to believe that any user is in breach of any the Terms, racerfly.com shall have the right to impose a penalty against the User or suspend or terminate the User's account or subscription of any Service without any liability to the User. racerfly.com shall also have the right to restrict, refuse, or ban any current or future use of any other Service that may be provided by racerfly.com. The penalties that racerfly.com may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted, or displayed, imposing restrictions on the number of product listings that the User may publish or display, or imposing restrictions on the User's use of any features or functions of any Service for such period as racerfly.com may consider appropriate in our sole discretion.

6.3 Without limiting the generality of the provisions of the Terms, a user would be considered as being in breach of the Terms in any of the following circumstances:

  1. racerfly.com has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counterparty,
  2. racerfly.com has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or
  3. racerfly.com believes that the User's actions may cause financial loss or legal liability to racerfly.com or our affiliates or any other Users.

6.4 racerfly.com reserves the right to cooperate fully with governmental authorities, private investigators, and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, racerfly.com may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. racerfly.com shall not be liable for damages or consequences arising from such disclosure, and User agrees not to bring any action or claim against racerfly.com for such disclosure.

6.5 If a user is in breach of the Terms, racerfly.com also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving illegal or fraudulent activities, racerfly.com also reserves the right to disclose the records of such infringement to our affiliates. Such racerfly.com affiliates may impose a limitation on, suspend or terminate the User's use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User's breach of the Terms on the website operated by or controlled by such racerfly.com affiliates.

6.6 racerfly.com may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User's use of any Service or the Site without being liable to the User if racerfly.com has received notice that the User is in breach of any agreement or undertaking with any affiliate of racerfly.com and such breach involves or is reasonably suspected of involving illegal or fraudulent activities. racerfly.com shall have the right to publish the records of such breach on the Site. racerfly.com shall not be required to investigate such breach or request confirmation from the User.

6.7 Each User agrees to indemnify racerfly.com, our affiliates, directors, employees, agents, and representatives and to hold them harmless from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms.

6.8 Each User further agrees that racerfly.com is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. racerfly.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In this event, the User shall cooperate with racerfly.com in asserting any available defenses.

7. Transactions Between Customers and racerfly.com

7.1 Customers agrees to provide all information and materials as may be reasonably required by racerfly.com in connection with orders placed at racerfly.com. racerfly.com has the right to suspend or terminate any Customer's account if the Customer fails to provide the required information and materials or provides inaccurate or fraudulent information.

7.2 Each User agrees that racerfly.com shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions, or expenditures of any kind that may arise a result of or in connection with any use or storage of any products purchased from racerfly.com.

8. Limitation of Liability

8.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY racerfly.com ON OR THROUGH THE SITES ARE PROVIDED "AS IS", "AS AVAILABLE" AND 'WITH ALL FAULTS', AND racerfly.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, racerfly.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITES; racerfly.com DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITES DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND racerfly.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE SITES.

8.3 Any material downloaded or otherwise obtained through the Site is done at each User's sole discretion, and risk and each User is solely responsible for any damage to racerfly.com's computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any User from racerfly.com or through or from the Site shall create any warranty not expressly stated herein.

8.4 Each User hereby further agrees to indemnify and save racerfly.com, our affiliates, directors, officers, and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Site. Each User hereby further agrees that racerfly.com is not responsible and shall have no liability to you for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with each User. racerfly.com reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with racerfly.com in asserting any available defenses.

8.5 racerfly.com shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following.

  1. the use or the inability to use the Site or Services;
  2. any defect in goods, samples, data, information or services purchased or obtained from a User or any other third party through the Site;
  3. unauthorized access by third parties to data or private information of any User;
  4. statements or conduct of any User of the Site; or;
  5. any matters relating to Services however arising, including negligence.

8.6 Notwithstanding any of the foregoing provisions, the aggregate liability of racerfly.com, our employees, agents, affiliates, representatives, or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to racerfly.com or our affiliates during the calendar year and (b) INR 10000. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site or Services must be filed within one (1) year from the date the cause of action arose.

8.7 The limitations and exclusions of liability to you under the Terms shall apply to the maximum extent permitted by law and shall apply whether or not racerfly.com has been advised of or should have been aware of the possibility of any such losses arising.

9. Force Majeure

9.1 Under no circumstances shall racerfly.com be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

10. Intellectual Property Rights

10.1 racerfly.com is the sole owner or lawful licensee of all the rights and interests in the Site and the Site Content. The Site and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the Site and Site Content shall remain with racerfly.com, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by racerfly.com are hereby reserved.

10.2 "racerfly.com" and related icons and logos are registered trademarks or trademarks or service marks of racerfly.com,

10.3 racerfly.com may have independent third parties involved in the provision of the Services (e.g., the authentication and verification service providers). You may not use any trademark, service mark, or logo of such independent third parties without prior written approval from such parties.

11. Notices

11.1 All legal notices or demands to or upon racerfly.com shall be made in writing and sent to racerfly.com personally, by courier, certified mail, or facsimile to the following address: XYZ, NEW DELHI, INDIA. The notices shall be effective when they are received by racerfly.com in any of the above-mentioned manners.

11.2 All legal notices or demands to or upon a User shall be sufficient if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to racerfly.com, or by posting such notice or demand on an area of the Site that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.

  1. racerfly.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
  2. Immediately upon racerfly.com posting such notice on an area of the Site that is publicly accessible without charge.

11.3 You agree that all agreements, notices, demands, disclosures, and other communications that racerfly.com sends to you electronically satisfy the legal requirement that such communication should be in writing.

12. General Provisions

12.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and racerfly.com with respect to and govern your use of the Site and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

12.2 racerfly.com and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

12.3 If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted, and the remaining provisions shall remain valid and be enforced.

12.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

12.5 racerfly.com's failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of racerfly.com's right to act with respect to subsequent or similar breaches.

12.6 racerfly.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of racerfly.com). You may not assign, in whole or part, the Terms to any person or entity.

12.7 The Terms and Conditions shall be governed by the laws of India without regard to its conflict of law provisions. If it enters the judicial process, the parties to the Terms and Conditions hereby submit to the exclusive jurisdiction of India International Economic and Trade Arbitration Commission.

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