by David Sera
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.
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.