WARNING AND TERMS & CONDITIONS OF SUBSCRIPTION
SECTION 1 – WARNING
KART RACING, KART DRIVING AND ASSOCIATED SPORTS ARE DANGEROUS AND
INVOLVE SERIOUS RISK OF PERSONAL INJURY, PERMANENT DISABILITY, DEATH
AND/OR PROPERTY DAMAGE. ON THIS BASIS, SERA DRIVER DEVELOPMENT URGES
CUSTOMERS TO TAKE CARE WHEN PARTICIPATING IN KART RACING, KART DRIVING,
OTHER MOTORSPORTS AND RECREATIONAL ACTIVITIES. BY SUBSCRIBING TO THIS
SUBSCRIPTION SERVICE THE CUSTOMER:
(a) ACKNOWLEDGES THAT THERE ARE RISKS ASSOCIATED WITH PARTICIPATING IN
KART RACING, KART DRIVING AND OTHER MOTORSPORTS.
(b) ACKNOWLEDGES THAT PARTICIPATING IN KART RACING, KART DRIVING AND
OTHER MOTORSPORTS MAY EXPOSE THE CUSTOMER TO DANGER OF INJURY, PERMANENT
DISABILITY OR DEATH.
(c) VOLUNTARILY ACCEPTS AND ASSUMES ALL RISKS ARISING FROM OR ASSOCIATED
WITH THEIR USE OF OR RELIANCE ON THE SUBSCRIPTION SERVICE AND ANY
RELATED PARTICIPATION BY THEM IN KART RACING, KART DRIVING AND OTHER
MOTORSPORTS.
(d) ACKNOWLEDGES THAT SERA DRIVER DEVELOPMENT WILL NOT BE LIABLE FOR ANY
RISKS OR FOR ANY LOSS OR DAMAGE SUFFERED BY THE CUSTOMER IN CONNECTION
WITH THE CUSTOMER’S USE OF OR RELIANCE ON THE SUBSCRIPTION SERVICE AND
ANY RELATED PARTICIPATION BY THE CUSTOMER IN KART RACING, KART DRIVING
AND OTHER MOTORSPORTS.
SECTION 2 – TERMS AND CONDITIONS OF SUBSCRIPTION
1. DEFINITIONS
In these Terms: Billing Date means the date payment
is made by the Customer for the Subscription Service, for either the
first monthly payment or the first 6 monthly payment, depending on which
payment option the Customer selects. Recurring Billing Date means each 6
month anniversary of the Billing Date. If the Customer has chosen to
make monthly payments the Recurring Billing Date is 6 months after the
first monthly payment, and then every 6 month anniversary of that date.
Monthly Billing Date means the monthly anniversary of the Billing Date
if the Customer has chosen to pay for the Subscription service by a
monthly payment.the first calendar day of each month. Customer means the
person, corporation or association, jointly or severally if more than
one, acquiring the Subscription Service from Sera Driver Development.
Intellectual Property means all copyright, patents, trademarks, names,
formulae, specifications, confidential information and all
modifications, improvements and enhancements (whether registered or
registrable, or not). Materials means materials made available by Sera
Driver Development pursuant to the Subscription Service, including kart
racing and kart driving information, instructional videos and content,
and includes any content provided by third parties such as sports
trainers and sports psychologists. If the Customer does not notify Sera
Driver Development at least 7 days before the Recurring Billing Date [by
email info@kartclass.com that it does not wish to continue to subscribe
to the Subscription Service, then Sera Driver Development is authorised
to continue to withdraw payments from the Customer Account either
monthly or every 6 months (depending on which payment option the
Customer has selected), unless it receives notice of cancellation from
the Customer at least 7 days before the Recurring Billing Date [by email
info@kartclass.com ] If the Customer chooses to pay by monthly
instalments, they must still pay for the balance of the monthly
instalments for the full 6 month period which they have subscribed for.
Price means the price for the Subscription Service stated on the Website
from time to time. Privacy Act means the Privacy Act 1988 (Cth), as
amended from time to time. [INSERT DEFINITION OF RECURRING BILLING DATE]
Sera Driver Development means Sera Driver Development Pty Ltd ACN 628
560 190. Subscription Service means the subscription service supplied by
Sera Driver Development pursuant to these Terms. Terms means these Terms
and Conditions of Subscription as varied or amended from time to time.
Website means https://kartclass.com/.
2. GENERAL
These
Terms apply to all subscriptions to the Subscription Service. By
subscribing to the Subscription Service, the Customer acknowledges that
they have read and that they agree to be bound by these Terms.
3. PAYMENT
3.1 Payment for the Subscription Service must be made via PayPal or an
approved credit/debit card.
3.2 By subscribing to the Subscription Service the Customer authorises
Sera Driver Development to withdraw payment for the Subscription Service
from the Customer’s PayPal account or credit/debit Card (Customer
Account), on the Monthly Billing Date or the 6 Monthly Billing Date,
depending on which payment option the Customer has chosen when it
subscribes to the Subscription Service.If the Customer does not notify
Sera Driver Development at least 7 days before the Recurring Billing
Date [by email info@kartclass.com that it does not wish to continue to
subscribe to the Subscription Service, then Sera Driver Development is
authorised to continue to withdraw payments from the Customer Account
either monthly or every 6 months (depending on which payment option the
Customer has selected), unless it receives notice of cancellation from
the Customer at least 7 days before the Recurring Billing Date [by email
info@kartclass.com ] If the Customer chooses to pay by monthly
instalments, they must still pay for the balance of the monthly
instalments for the full 6 month period which they have subscribed
for.
3.3 The Customer can update their payment details by contacting Sera
Driver Development.
4. PRICING
4.1 Unless otherwise
stated, Prices for the supply of the Subscription Service are in
Australian dollars and include GST and any other duties, taxes or
imposts imposed in relation to the Subscription Service in Australia.
4.2 Prices for the supply of the Subscription Service are subject
to change and may be varied by Sera Driver Development from time to
time, by providing the Customer with notice deemed by Sera Driver
Development to be appropriate under the circumstances (including by
publishing notice on the Website or by sending an email to the
Customer’s nominated email address.)
4.3 The Customer’s continued use of the Subscription Service after
notice of the changes has been provided by Sera Driver Development will
constitute the Customer’s acceptance of those changes. If the Customer
does not accept the changes, the Customer may cancel the Subscription
Service.
5. CANCELLATION
5.1 The Customer may cancel the Subscription Service at any time by
contacting Sera Driver Development at info@kartclass.com. Cancellation
by the Customer will take effect the day after the next Billing Date.
5.2 Sera Driver Development may cancel the Customer’s Subscription
Service at any time by providing notice deemed by Sera Driver
Development to be appropriate under the circumstances.
5.3 Sera Driver Development may cancel the Customer’s Subscription
Service without notice, upon breach of these Terms by the Customer.
6. INTELLECTUAL PROPERTY
6.1 Sera Driver Development own or have
been granted a licence to all Intellectual Property rights in connection
with the Subscription Service, except where otherwise indicated.
6.2 Sera Driver Development allow the Subscription Service and Materials
to be used by the Customer for private, non-commercial use only. Except
for the purpose of using the Subscription Service and the Materials, the
Customer is not permitted to reproduce, transmit, adapt, distribute,
sell, modify, publish or store any of the Intellectual Property in
connection with the Subscription Service or Materials without David Sera
Development’s prior written consent.
7. PRIVACY
Any personal information obtained or supplied in connection with the
Subscription Service will be collected, used, stored, disclosed,
transferred and destroyed in accordance with Sera Driver Development’s
obligations under the Privacy Act.
8. DISCLAIMER
8.1 Any and all Materials made available by Sera Driver Development,
including content provided by third parties such as sports trainers and
sports psychologists, are general in nature and are not intended to be a
substitute for professional advice, including professional medical
advice and should not be relied on as such.
8.2 Whilst Sera Driver Development takes care to ensure that the
Materials are accurate and up to date, Sera Driver Development does not
warrant, and to the extent permitted by applicable laws, will not accept
any liability for, the reliability or safety of the Subscription Service
or Materials including content provided by third parties, or for any
loss or damage suffered by the Customer or any other person (however
caused, including by negligence) in respect of the Customer’s use of, or
reliance on, the Subscription Service and those Materials.
9. CUSTOMER WARRANTY
9.1 The Customer warrants and
represents to Sera Driver Development that prior to their participation
in kart racing, kart driving or other motorsports in connection with the
Subscription Service, the Customer has considered all associated risks,
including those outlined in these Terms.
10. INDEMNITY BY
CUSTOMER
10.1 The Customer indemnifies and agrees to keep indemnified Sera Driver
Development (including its directors, officers, employees, agents,
sponsors and related parties) against any claim, action, damage, loss,
liability, cost, charge, expense, outgoing or payment which either Sera
Driver Development or the Customer pays, suffers, incurs or is liable
for in arising directly or indirectly from the Customer’s use or
reliance on the Subscription Service and Materials.
11. RELEASE OF SERA DRIVER DEVELOPMENT
11.1 The Customer acknowledges that: (a) motorsports, including kart
racing and kart driving, are dangerous and may involve serious risk of
personal injury, permanent disability, death and/or property damage; (b)
the Customer is responsible for their own decisions as to the use of the
Subscription Service and Materials, including any related participation
by them in motorsport activities, including kart racing and kart
driving; and (c) the Customer voluntarily accepts and assumes all risks
arising from or associated with the Customer’s use of or reliance on the
Subscription Service and Materials and any related participation by them
in motorsport activities, including kart racing and kart driving.
11.2 The Customer hereby releases Sera Driver Development and all of its
affiliated companies, sponsors, agents and all of their officers,
directors, shareholders and employees, to the fullest extent permitted
by law, from any and all claims, judgments, legal fees and expenses,
court and pre-trial discovery costs, demands, actions, causes of action
or liabilities arising out of or related to any loss, damage or injury,
including death, that may be sustained by the Customer under or as a
result of use of or reliance on the Subscription Service and
Materials.
11.3 The release and indemnifications contained in these Terms bind the
spouse, insurers, heirs, next of kin, executors, legal representatives
and administrators of the Customer.
12. FORCE MAJEURE
12.1 Sera Driver Development is not liable in
any way under these Terms to the extent that it is prevented from acting
by events beyond its reasonable control. If an event of force majeure
occurs, Sera Driver Development may suspend or terminate these Terms by
providing the Customer with notice deemed by Sera Driver Development to
be appropriate under the circumstance.
13. JURISDICTION
These Terms are governed by and must be construed
in accordance with the laws of the State of Victoria.
14.
MISCELLANEOUS
14.1 Sera Driver Development may vary these Terms from time to time in
its sole discretion by publishing such amended Terms on the Website.
14.2 If any of these Terms (or any parts thereof) are held by any Court
of competent jurisdiction to be ineffectual, invalid or unenforceable,
then the remaining Terms (or parts thereof) will not be affected and
will remain in full force and effect.
14.3 These Terms will survive any cancellation of the Subscription
Service whether by Sera Driver Development or the Customer.