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Terms & Conditions
SUPERCARS DIGITAL PROPERTIES
(Website and Mobile Application)
Terms and Conditions
Effective February 2017
You acknowledge and agree that by accessing, using or downloading any of the digital assets owned by V8 Supercars Australia Pty Limited (ACN 077 053 484) (Supercars), including (without limitation) the Supercars website at www.supercars.com and Supercars’ mobile application (together the Supercars Digital Properties and each a Supercars Digital Property), that you accept and agree to be bound by the following terms and conditions:
No Warranties or Representations
The information contained within the Supercars Digital Properties is for preliminary and general purposes only.
This information is provided by Supercars “as is” and to the extent permitted by law, and is provided without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement.
Supercars may, at any time and from time to time, at its sole discretion, make changes to any of the information that is contained within any of Supercars Digital Properties.
While the information provided within the Supercars Digital Properties is believed to be accurate, it may include errors or inaccuracies. As such, the information that is contained within the Supercars Digital Properties may not be accurate, complete or up to date and no reliance whatsoever should be placed on this information.
Supercars is not responsible and will not accept responsibility or liability for any cost, damage, expense or loss (whether direct or indirect) that is or may be incurred as a result of any possible error, inaccuracy, misrepresentation and/or omission that is, was, or may be contained within the Supercars Digital Properties at any time and from time to time.
Links to Other Sites
The Supercars Digital Properties may contain links to other internet websites or applications that are owned by third parties.
These third party links are provided solely for your convenience and do not indicate either express or implied endorsement by Supercars of the products or services that are provided by any third party internet websites or applications.
When accessing third party internet websites or applications and choosing to use those products and services, you agree and undertake to do so at your own risk.
The text, images, graphics, sound files, animation files, video files and their arrangement within the Supercars Digital Properties are all subject to copyright and other intellectual property protection laws in Australia and other countries, including but not limited to the Copyright Act 1968 (Cth) and applicable international treaties.
Apart from any use that is permitted under the Copyright Act 1968 (Cth) all rights are reserved by Supercars.
No material within the Supercars Digital Properties, nor the Supercars Digital Properties themselves, may be copied for commercial use or distribution by any person, nor may material or information within the Supercars Digital Properties be modified or reposted to other internet sites.
Some of Supercars Digital Properties may contain images that are subject to the copyright rights of third party providers.
The Supercars Digital Properties include registered trade marks, trade marks which are the subject of pending applications and trade marks which are otherwise protected by law.
You acknowledge that Supercars must protect its intellectual property, including its patents, trade marks and copyrights.
Accordingly, you hereby acknowledge and agree that access to and use of the Supercars Digital Properties does not grant any licence or other proprietary rights to the intellectual property in the Supercars Digital Properties nor to any material or information contained within the Supercars Digital Properties.
Information Collection and Use
Supercars Digital Properties collect personal information for purposes considered necessary for the effective functioning or activities of the Supercars business.
Generally, Supercars only processes personal information for the purposes for which it was originally collected, unless required or authorised by or under law or if the individual concerned has consented to the intended use.
Supercars does not collect and/or process any personal or sensitive information against the expressed wishes of an individual, unless Supercars is required by law to do so.
You have the right to remain anonymous when entering into transactions with Supercars, unless such anonymity would be considered unlawful or impracticable.
Supercars ensures that its takes all the required steps to ensure that personal information is kept safe from misuse, loss and unauthorised access, modification and disclosure.
Supercars will not transfer personal information to a foreign country, unless such a transfer is allowed by law.
Site privacy practices
The Supercars Digital Properties sometimes use cookie technology in order to provide information and services to website visitors.
Cookies are pieces of information that a website transfers to your device storage for record keeping purposes and are a necessary part of facilitating online transactions. The majority of web browsers are set to accept cookies due to cookies being useful in estimating the number of users on Supercars Digital Properties and to determine the overall traffic patterns through Supercars Digital Properties.
At any stage, should you receive communications from Supercars that you do not wish to receive, please let us know.
Access to Facilities and Services
Supercars offer the Supercars Digital Properties for your use and you acknowledge and agree that you cannot send the Supercars Digital Properties or any materials or information contained within the Supercars Digital Properties to any third party, and you are not allowed to copy or modify the Supercars Digital Properties, any part of the Supercars Digital Properties, or any of Supercars’ intellectual property rights in any way.
You agree that you will not attempt to extract the source code(s) of the Supercars Digital Properties, try to translate the Supercars Digital Properties into other languages, or make derivative versions of the Supercars Digital Properties.
The Supercars Digital Properties, trade marks, copyright, database rights and any other intellectual property rights related to the Supercars Digital Properties are and remain the property of Supercars.
Supercars is committed to ensuring that the Supercars Digital Properties are as useful and efficient as possible. Supercars reserves the right at its sole discretion to make changes to the Supercars Digital Properties or to charge any of its services, at any time and for any reason.
Any fees associated with the Supercars Digital Properties will be set out clearly and you will be aware of what you are paying for and what services you will be receiving.
The Supercars Digital Properties store and process personal data that have been provided to Supercars. It is your responsibility to keep your device and access to the Supercars Digital Properties secure. Supercars therefore recommend that you do not jailbreak or root your device, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. In the event that you jailbreak or root your device, your device may become vulnerable to malware/viruses/malicious programs and/or compromise your devices security features which may result in the Supercars Digital Properties not working correctly on your device.
Supercars will not take the responsibility for certain functions of its application, which includes but is not limited to the ability to download or access live timing. Supercars will not be responsible and will not provide any compensation where services are unavailable for any reason.
The Supercars Digital Properties will require you to have an active internet connection. The internet connection may be Wi-Fi, or provided by your mobile network provider, but Supercars cannot take responsibility for the Supercars Digital Properties not working at full functionality in the circumstances that you do not have access to Wi-Fi, internet from your service provide or you do not have any data allowance left on your phone plan.
In the event that you are using the Supercars Digital Properties outside of an area with Wi-Fi, you must understand that the terms of agreement with your mobile network provider will apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Supercars Digital Properties, or other third party charges. In using the Supercars Digital Properties, you are accepting responsibility for any such charges, including roaming data charges should you choose to use the Supercars Digital Properties outside of your home territory (that is your region or country) without turning off data roaming. In the event you are not the bill payer for the device on which you are using the Supercars Digital Properties, you acknowledge that you have obtained the permission from the bill payer for using the Supercars Digital Properties.
Supercars Official Application Subscription Services – “Live Timing and Tracking”
Supercars offers the following subscription service which may be purchased within its mobile application – “Live Timing and Tracking – 12 Month Access” (the Subscription Service).
If you subscribe to the Subscription Service, the following subscription terms and conditions will apply. You acknowledge and agree that by accessing the Subscription Service you accept and agree to be bound by these terms and conditions.
When you subscribe to the Subscription Service, you will receive access to live race timing information and live car tracking on an interactive map in respect of motor races within the Supercars championship managed and promoted by Supercars on your compatible Apple iOS or Android powered handset.
The cost of the Subscription Service is AUD$9.99 per year. Payment will be charged to the iTunes account or Google Play™ account assigned to your device at the time that you confirm purchase of the Subscription Service.
Subscription to the Subscription Service provides you with access for one year (being 365 days) from the time that you purchase the Subscription Service.
Your subscription to the Subscription Service will automatically renew for a further one year period unless your “auto-renewal” function is turned off at least 24 hours before the end of the then current subscription period. The cost of this automatic renewal will be as above unless otherwise notified to you, and will be charged to your iTunes account or Google Play™ account.
You can cancel your subscription to the Subscription Service and/or turn off your “auto-renewal” function at any time within your iTunes or Google Play™ account settings. Please note however that you will not be entitled to any refund of the fee (or any part of it) that Supercars has already charged you for your subscription.
The Subscription Service is a data streaming service which does not allow permanent download of information.
The application and the Subscription Service is provided for your personal, non-commercial use only. You must not download, retain, store, reproduce, republish, modify, adapt, translate, prepare derivative works from, reverse engineer or disassemble content or information included within the Subscription Service, nor authorise, allow or provide the means for others to do any of these things, without obtaining Supercars’ prior written permission.
Multiple device compatibility allows your use of the Subscription Service to be shared across up to five (5) compatible web or mobile devices linked to the unique Apple ID or Google ID. This is subject to the Apple App Store™ and Google Play™ rules and can be amended from time to time without warning.
Supercars may, from time to time at its absolute discretion, change the times of race sessions included within the Subscription Service without telling you beforehand.