Terms & Conditions

This MyRaceCall website is made available for the benefit of its Members, Subscribers, Guests and Associates.

 

  1. Acceptance of terms

By using MyRaceCall`s online and offline products and services (collectively, “the Service” or “Services”), provided by MyRaceCall.com.au, (collectively, “MyRaceCall,” “We” or “Us”) you agree to be bound by the following Terms of Service (“TOS”), together with our Privacy Policy. The TOS may be updated by us from time to time without notice. You can review the most current version of the TOS at any time at:

www.myracecall.com.au/terms

This TOS governs your access to and use of myracecall.com.au, any order you place through the MyRaceCall website, by any means, and, as applicable, your use or attempted use of any ofMyRaceCall.com.au’s products and services (collectively, “Your Use”).

Your Use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE, DO NOT ORDER, DO NOT SUBSCRIBE, AND DO NOT USE ANY MYRACECALL PRODUCT OR SERVICE.

 

  1. About this website

This website is owned and operated by My Race Call (hereinafter referred to as MRC)

ABN 48 603 667 509 and includes all web pages under or forming part of the domain name www.myracecall.com.au and any other My Race Call-branded web pages.

Your use of the services, information, text, graphics, materials and other content on any part of the MyRaceCall Website (‘Material on this Website’) is governed by these Terms of Conditions and the associated Privacy Policy. By using this website you agree to be bound by these Terms of Conditions. If you do not agree with any of the Terms and Conditions contained herein do not use this website.

In addition to the Terms of Conditions contained in this document, other terms of use or conditions may apply to your use of this MyRaceCall Website, parts of this Website, or to products and services offered via this Website. You agree to be bound by these additional terms, as applicable.

You may not access the Service for purposes of monitoring its performance, availability, or functionality, or for any other benchmarking or competitive purposes, without My Race Call’s prior written consent. You may not access the Service if you are a direct competitor of My Race Call, except with MyRaceCall’s prior written consent.

 

 

Privacy

Your privacy and security is very important to our Company. Certain data items are collected and used by MyRaceCall Website in order to provide insurance quotations and other online services. MyRaceCall Website will record and track the use you make of this website. The use of this data is subject to our Privacy Policy. Please read our Privacy Policy in full.

  1. Terms of Use

By using this website you agree to the terms of use set out within the website herein. This includes our legal disclaimer, privacy policy and other terms and conditions contained within the website. A copy of these terms are displayed on MyRaceCall website at all times and by using the website you accept these terms as they apply. This disclaimer is not altered by or limited by other terms and conditions on this website. If you do not agree with the terms and conditions contained on this website do not use the website. Use of this website constitutes your agreement with the terms and conditions contained herein.

  1. Liability arising from the use of the MyRaceCall Website

MyRaceCall is not liable or responsible for damages arising from your use of this website, including such as may arise from transmission of your information to us via our website or our communication of information to you, at your request over the internet.

Customer will be solely responsible for any damage sustained to its devices, networks, information systems or other platforms or for the loss of information or any damage resulting from use of the ‘My Race Call’ Platform or Software Services, including in the event that the Services or software were defective in any way.

 

  1. Website information accuracy

The information within this website is provided for the benefit of customers and visitors and MyRaceCall endeavours to provide the best possible information for its members and subscribers, but the information contained within the website is accurate at the time of publishing and may not continue to remain accurate with the passage of time. No warranty of any kind is given except as may be required under statute. MyRaceCall do not warrant the accuracy, completeness or adequacy of information contained in this website and disclaims liability for any errors or omissions.

  1. Links provided on this Website

Links to other websites are provided for your convenience and MyRaceCall is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, and MyRaceCall will not accept any liability for the use of those links to connect to websites that are not under our control.

 

 

  1. Intellectual Property Rights

Logos, trademarks, phrases and graphics used in the website, or linked to by the website, may be trademarks or the intellectual property of Story Untold Consulting, MyRaceCall and any third parties. The display of these items on this website does not imply that any third party has been granted the use of that intellectual property and all content of the website is protected by copyright law. Website visitors may use the content of the website for their own purposes but not republish or distribute that content for any other purposes.

MyRaceCall holds the copyright to this website. MyRaceCall grants you a limited licence to download this website for personal use only. You are not permitted to reproduce or alter this website, or any copy of it, for any other purpose without the prior expressed written consent of My Race Call.

  1. Modifications

MyRaceCall reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.

 

  1. Your Account

In consideration of your use of the Service, you represent and warrant that (i) you are not barred from receiving services under the laws of Australia or any other applicable jurisdiction, (ii) your use of the Service does not violate any applicable law or regulation, and (iii) you access the Service through one or more humans. Accounts registered by “bots” or other automated methods are not permitted. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (‘Registration Data’); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MyRaceCall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyRaceCall has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Registration Data and certain other information about you is subject to our Privacy Policy which is incorporated by reference herein in its entirety. For more information, see our full privacy policy at https://www.myracecall.com.au/privacy/. You understand that through your use of the Service you consent to the collection and use (as set out in the Privacy Policy) of this information.

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MyRaceCall of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. MyRaceCall cannot and will not be liable for any loss or damage arising from your failure to comply with the TOS, including, without limitation, this section.

 

 

 

  1. Billing

We will begin billing you for subscription fees corresponding to your subscription plan, plus any applicable tax, at the end of your $1 Trial, unless you cancel prior to the end of you’re the trial period. To view the specific details of your subscription plan, you can check the “Account Management – Subscription” page, available after logging into the Service. You will not receive a notice from us that your trial has ended or that your subscription amount has changed.

Unless cancelled, your Service subscription will be automatically renewed at the end of your subscription period. We will bill the subscription fee plus any applicable tax to you. Your membership will automatically renew for successive subscriptions, without prior notice to you, unless and until you cancel your membership, or we terminate it. You must cancel your membership before it renews in order to avoid billing of the next period’s subscription fees to your payment method.

By using the Service, you are expressly agreeing that we are permitted to bill you a subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. Additional charges may include service level changes you request. The subscription fee will be billed at the beginning of your subscription and on each renewal thereafter, unless and until you cancel your membership. We will automatically bill you each billing period on the calendar day corresponding to the commencement of your membership. Except and to the extent required by applicable law (including, without limitation, Australia law), all fees and charges are non-refundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise remove any paid component or feature. If you elect to upgrade your service level or otherwise add any paid component or feature, we will pro-rate the amount due based on the number of days remaining in your billing cycle; provided, however, that any such proration shall be based on your service level or paid components or features in existence immediately prior to your election to upgrade or add paid components or features.

If you change your service level (downgrade it), you may cause the loss of Content or features for your account. MyRaceCall does not accept any liability for such loss. You may cancel your subscription to the Service at any time, and cancellation will be effective immediately. Except and to the extent required by applicable law (including, without limitation, Australia law), WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR ANY FEATURE OF COMPONENT THAT YOU HAVE PAID FOR BUT NOT USED.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree, that unless otherwise required by applicable law, to indemnify MyRaceCall pursuant to the section below entitled “Indemnity” to the extent that MyRaceCall incurs any obligations or other liabilities in connection with such taxes.

 

  1. Fee Increases

We may change the fees and charges in effect or add new fees and charges from time to time. Furthermore, notwithstanding any other provision contained herein (but subject to any applicable law), at the time of any renewal of your subscription you agree that we may increase your recurring fees up to the greater of (i) the then list price as publicly marketed on our website, or (ii) five percent (5%). We may, in our sole discretion, offer you a grace-period in which your fees will not increase for a certain period of time. If you do not accept the increase or addition to the existing fees, you may elect to terminate your account during the then current billing period and you shall not be liable for such fee increase after the applicable billing period; however, any later renewal of service will be subject to the increased fee structure. If your credit or debit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing you, and you remain responsible for any uncollected amounts.

 

  1. Content

“Content” means any and all information, data, code, video, images, text, documents or other materials of any type that you upload, post, email, transmit, submit or otherwise make available to or through the Service, regardless of whether it is publicly posted or privately transmitted. All Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Story Untold Consulting, are entirely responsible for all Content that you upload, post, email, transmit, submit or otherwise make available via the Service. MyRaceCall does not control the Content posted via the Service and does not have access to such Content (except account-related information or unless authorised by you). As such, MyRaceCall does not and cannot guarantee or endorse the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, objectionable or illegal in your jurisdiction. Under no circumstances will MyRaceCall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, emailed, transmitted, submitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit, submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, under any applicable laws;
  2. harm minors in any way;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any rights of any other party, including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, or any other form of solicitation;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. act in a manner that negatively affects other users’ ability to use the Service;
  10. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  11. intentionally or unintentionally violate any applicable local, state, national or international law;

You acknowledge that MyRaceCall does not pre-screen Content, but that MyRaceCall and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any Content that is available via the Service. Without limiting the foregoing, MyRaceCall and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable or illegal as determined in My Race Call’s sole discretion. In no event shall MyRaceCall or its designees have any liability or obligation to you in connection with exercising any rights contained in this section. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MyRaceCall or submitted to My Race Call.

You acknowledge, consent and agree that MyRaceCall may access, preserve and disclose your account information and Content if required to do so by any applicable law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any applicable legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of My Race Call, its users and the public. If we receive a subpoena which requests disclosure of information contained in your account you agree that we may disclose any such requested information contained in the account regardless of whether such information is deemed to be owned or held in the name of (i) the Business User, or (ii) the name of Individual Users. For the sake of clarity, (i) if the subpoena is issued in the name of the Business User, we may disclose information regarding both the Business User and the Individual User(s), and (ii) if the subpoena is issued in the name of Individual User(s) we may disclose information regarding both the Business User and the Individual Users(s).

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

You will retain all right, title and interest in and to your Content and MyRaceCall shall not claim ownership of your Content; provided, however, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MyRaceCall the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicenseable license to collect, use, copy, store, transmit, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

  1. Indemnity

Except and to the extent required by applicable law, You (specifically including the Business User and Individual User(s)) agree to indemnify and hold MyRaceCall and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in connection with, (i) your Content, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the TOS or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.

  1. No resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service unless you otherwise have an agreement with us which specifically grants you such right(s).

  1. General practices regarding use and storage

You acknowledge that MyRaceCall may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on My Race Call’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MyRaceCall has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by the Service. You acknowledge that MyRaceCall reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyRaceCall reserves the right to modify these general practices and limits from time to time.

  1. Modifications to Service

MyRaceCall reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MyRaceCall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. Marketing

You agree to be identified as a member/subscriber of MyRaceCall and you agree that MyRaceCall may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in My Race Call’s marketing materials and website. You hereby grant MyRaceCall a fully-paid, irrevocable, perpetual, world-wide license to use your name and any of your trade names and trademarks solely in connection with the rights granted to MyRaceCall pursuant to this marketing section.

  1. Termination and cancellation

You agree that MyRaceCall may without prior notice immediately terminate your MyRaceCall account and access to the Service (both as a Business User and/or Individual User(s)). Such termination may be made in My Race Call’s sole and absolute discretion with or without cause. For illustrative purposes only, the situations in which MyRaceCall may terminate your account and access to the Service shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions): (d) discontinuance or material modification to the Service (or any part thereof): (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) non-payment of any fees owed by you in connection with the Service. Further, you agree that all terminations for cause shall be made in Story Untold Consulting’s sole and absolute discretion and that MyRaceCall shall not be liable to you or any third party for any termination of your account, or access to the Service.

 

  1. MyRaceCall Dispute Facility

If you are not completely satisfied with the services provided by My Race Call, please contact us by emailing is here: info@digitalsolutionsgroup.com.au and we will be happy to assist with any concerns you may have.