Last Modified: 01 Jul 2017
Thanks for using our products and services (“Services”) on www.racenext.com (“Site”). The Services are provided by RaceNext Information Solutions Pvt. Ltd. (“RaceNext”), located at C-201, Gokul Divine, 687 S.V.Road, Vile Parle West, Mumbai 400056.
By using our Services, you are agreeing to these terms. Please read them carefully.
If you do not accept these TOU, please discontinue using the Site and Services. Your use of the Site or a Service included within the Site may also be subject to additional terms that govern particular services, offers, or features, such as community or chat areas or special promotions or contests (the “Additional Terms”). In the event that any of the provisions in these TOU conflict with Additional Terms provided with any particular Service, then these TOU shall control. These TOU apply regardless of the device used to access the Site and/or Services (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
RaceNext reserves the right to post changes to the TOU on this Site at any time, and by your continuing to use the Site thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this Site.
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and RaceNext shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by RaceNext to meet the needs of its users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any part or all of the Site, without notice. To access some of the content or features of the Site or its Services, users may need to enhance or update the hardware or software in their computer systems. RaceNext assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the user's system, the Internet network or any other cause.
You hereby represent and warrant that you are at least 18 years of age.
This Site and Services include links to other websites or resources. Because RaceNext has no control over such sites and resources, you acknowledge and agree that RaceNext is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which RaceNext has no control and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, RaceNext may allow advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services and/or on the Site, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. RaceNext does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that RaceNext will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors. You understand that there is an inherent risk in submitting content to the Site and/or Services, and that any communications may be subject to interception by a third party.
You acknowledge that expressly reserves its rights to not be treated as the publisher or speaker of any information provided by another information content provider of the Site.
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of RaceNext, or respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of RaceNext or the appropriate affiliate. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these TOU are reserved by RaceNext.
In your use of the Site and Services, you agree to comply with all applicable laws including those regarding the transmission of technical data exported from the United States or the country in which you reside.
The following activities are strictly prohibited:
When you visit our Site or send us email, our responses to your communications may be by e-mail. RaceNext has the right to disclose any email sent by a user, or any objectionable material, to comply with legal process or to protect the rights or property of RaceNext, its customers, suppliers, third parties, and users.
RaceNext reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that RaceNext will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
We may terminate your use of the Site and/or Services or account and deny you access to the any additional services in our sole discretion due to: (i) your violation of these TOU; or (ii) if we consider, in our sole discretion, that your use of the Site or Services does not meet our standards or violates our guidelines. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that RaceNext may immediately deactivate or delete your access and all related information and/or bar any further access by you of the Site or Services. If you use the Site or Services in violation of these TOU, RaceNext may, in its sole discretion, retain all data collected from your use of the Site or Services. Further, you agree that RaceNext shall not be liable to you or any third party for the discontinuation or termination of your access to the Site or Services.
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. RaceNext IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RaceNext EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR RaceNext’S PARTICULAR PURPOSE AND NON- INFRINGEMENT WITH RESPECT TO THE USE OF THIS SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. RaceNext MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
YOU UNDERSTAND AND AGREE THAT RaceNext, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS RaceNext'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify and hold RaceNext, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) any content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these TOU or the Community Guidelines, or (e) your violation of any rights of another party.
We own all right, title and interest in and to the Site, the products and Services offered on the Site as well as our logos, tradenames, and trademarks (“RaceNext IP”). The RaceNext IP is protected under the Controller General of Patents, Designs and Trademarks, India and international intellectual property laws (including, without limitation, copyright and trademark). Except as otherwise allowed under these TOU, you agree not to copy, display, or use the RaceNext IP in any manner without RaceNext's prior written permission. To seek permission to use any of the RaceNext IP, please contact RaceNext at firstname.lastname@example.org or in writing at the following address: C-201, Gokul Divine, 687 S.V.Road, Irla, Vile Parle West, Mumbai, INDIA 400 056.
RaceNext respects the intellectual property rights of others and requires those that visit the Site and use the Services to do the same. RaceNext may, in appropriate circumstances and at our discretion, remove or disable access to material on the Site or Services that infringes upon the copyright rights of others. RaceNext also may, at our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to the Site or users of our Services repeatedly infringe on others’ copyrights, RaceNext may in its sole discretion terminate those individuals’ rights to use the Site and/or Services pursuant to our Digital Millennium Copyright Act repeat infringer policy.
If you believe that your work has been used on RaceNext’s Site or in connection with its Service in any manner that constitutes copyright infringement, please notify RaceNext’s copyright agent by written notice. The notice should include the following information:
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS ARBITRATION IS DIFFERENT FROM COURT; THE RULES, INCLUDING DISCOVERY ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. General. Except as otherwise provided in this section, by using the Site and Services, you and RaceNext agree to submit any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination or invalidity of these TOU or this arbitration provision (including questions of its formation and enforceability) to final and binding arbitration under the Arbitration and Conciliation Act, by one or more arbitrators appointed in accordance with those Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Maharashtra, as set forth in the section entitled “General” below. You agree to submit to binding arbitration in Mumbai, India.
RaceNext will not consider any requests to advance or reimburse any arbitration filing fee, or administrative and hearing fees that you are required to pay to pursue a claim in arbitration. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Class Action Waiver. Any proceedings to resolve any dispute will be conducted solely on an individual basis. Neither you nor RaceNext will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration proceeding may be combined with another without the prior written consent of all parties to the applicable proceeding.
NO RIGHT TO JURY TRIAL FOR ARBITRAL CLAIM.YOU HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRAL CLAIM. IF FOR ANY REASON THIS SECTION 16 IS HELD NOT TO APPLY TO AN ARBITRAL CLAIM, WHETHER SUCH ARBITRAL CLAIM IS AGAINST YOU, RaceNext, OR RaceNext INDEMNIFIED PARTIES, BOTH YOU AND RaceNext STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBITRAL CLAIM. BY USING THE SITE AND/OR SERVICES, YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL.
Exception. Notwithstanding the parties’ decision to resolve all disputes through arbitration, this agreement does not preclude claims by RaceNext to enforce its intellectual property rights and/or remedy unfair competition, misappropriation of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage. Neither party is precluded from seeking relief in a court located in San Francisco, for provisional remedies, including temporary restraining order, preliminary injunctions, and receiverships, pending arbitration or comprehensive litigation, to the extent authorized in this section.
Replacement or transfer of registration to another individual can be considered only if a written request along with the new person details is received 3 days prior to the program. There are no service charges for replacement requests. To consider the request is at the sole discretion of RaceNext.
For any unforeseen reason, if a delegate wishes to reschedule a paid registration to a future date, a rescheduling fee of 10% of the amount will be charged. RaceNext, at it’s sole discretion may waive off the fee, if the rescheduling request is received in writing at least 7 or more days prior.
Rescheduling is subject to availability of seats and other resources like faculty, licenses etc.
Request for reschedule or replacement for a second time for the same registration will incur a service charge of 20%. Cancellation of such registration will be eligible for 50% of the discount if the request is before 20 working days of the program.
In case RaceNext reschedules a program or event, the options available to the participating delegates are:
In case RaceNext cancels a program, a refund of 100% will be provided to delegates within 20 working days of the date of cancellation.Refund of the duplicate payment made by the delegate will be processed via the same source (original method of payment) in 10 working days post intimation by the customer.
These TOU, and any applicable TOS, constitute the entire agreement between each user and RaceNext governing the user's access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The TOU is governed by the laws of the Republic of India without giving effect to its conflicts of laws principles. Each user hereby agrees to the jurisdiction of the courts of Mumbai, India. The failure by RaceNext to exercise any right or to enforce any provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of the TOU will remain in full force and effect. You agree that, except for RaceNext and as otherwise expressly provided in these TOU, there shall be no third party beneficiaries to this agreement. The section titles in this TOU are for convenience only and have no legal or contractual effect. It is the express will of RaceNext and each user that the TOU and any applicable TOS have been prepared in English.
If you have any questions or concerns with respect to these TOU or Site and Services, please send a message to our team at email@example.com or reach out to us at the contact numbers published on the Site.