TERMS AND CONDITIONS WEBSITE TERMS AND CONDITIONS
Welcome to the ZiKART.org website (the “Website”). The following terms and conditions (“Terms”) apply to the entire contents of this Website as well as to any correspondence by e-mail or otherwise between us and you. Please read these Terms carefully before using this Website. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with the ZiKA or otherwise submit any data, information or other material to us. If you do not accept these Terms, do not use this Website. These Terms are issued by Zpirit Karting Association (“ZiKA”).
This Website has been developed to be a safe and fun place for your child to visit when they are online. Parents are encouraged to review their children's email and internet activities to ensure that the Website is being used in accordance with these Terms.
If you are under 16, you must ask your parent or a guardian before you:
- email the Website, or ask ZiKA to email anything to you;
- send any information to ZiKA;
- enter any competition or game that requires information about you or offers a prize;
- apply to join the ZiKA;
- post any information on any bulletin board or enter any chat room; or
- offer or agree to buy anything online.
By continuing to use this Website and any of the services offered, you are confirming that you have received the informed consent of your parent or a guardian.
1. INTRODUCTION
1.1 You may access most areas of this Website without registering your details with us. The ZiKA Member area of this Website is only open to you if you register. We reserve the right to add other areas to the Website which are only available to users who register.
1.2 By accessing any part of this Website, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, you must leave this Website immediately.
1.3 ZiKA may revise these Terms at any time by updating this posting. You should check this Website from time to time to review the then current version of these Terms, because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website. For example, certain sections of the Website are only available to accredited representatives of the media and are subject to the terms and conditions that apply to such sections.
2. LICENCE
2.1 You are permitted to print and download extracts from this Website for your own private personal use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from the accompanying text; and
(c) ZiKA’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright, database rights and other rights in all material on this Website (including without limitation photographs, text, audio-visual works and graphical images) are owned by ZiKA or its licensors in accordance with paragraph 10 below. Any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy or permanently erase from any computer memory or storage device any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without ZiKA’s prior written permission.
2.4 Any rights not expressly granted in these Terms are reserved to ZiKA.
3. SERVICE ACCESS
3.1 While ZiKA endeavors to ensure that this Website is normally available 24 hours a day, ZiKA shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond ZiKA’s control or otherwise at ZiKA’s discretion.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. ZiKA shall have no obligations with respect to such material. ZiKA and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes in any media whatsoever.
4.2 You are prohibited from posting or transmitting (whether deliberately or inadvertently) to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the HKSAR or any other country in the world; and/or
(d) which is or may be technically harmful (including, without limitation, any material which contains or consists of computer viruses, spyware, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 ZiKA shall fully co-operate with any law enforcement authorities or court order requesting or directing ZiKA to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. LINKS TO AND FROM OTHER WEBSITES; FAN WEBSITES
5.1 Links to third party websites on this Website (including without limitation any link to any Karting, or Motorsport Team websites) are provided solely for your convenience. If you use these links, you leave this Website. ZiKA has not necessarily reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. ZiKA therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions that may be applicable to such sites.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and you observe the Third Party Guidelines in full.
5.3 ZiKA expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of the Third Party Guidelines and to take any action it deems appropriate.
5.4 You shall fully indemnify ZiKA for any loss or damage suffered by ZiKA or any of its group companies or teams for breach of paragraph 5.2 or any of the Third Party Guidelines.
5.5 ZiKA encourages the establishment of fan websites but any such websites must be subject to the Third Party Guidelines.
6. REGISTRATION FOR THE ZiKA MEMBER
6.1 Each ZiKA MEMBER registration is for a single user only. ZiKA does not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 You must keep your password secure and confidential and responsibility for doing so rests with you.
7. TICKETS AND MERCHANDISE
The buying of any tickets and/or merchandise and/or premium services bought through this Website will be subject to other terms and conditions which will be made clear to you before making a purchase. Acceptance of the applicable terms and conditions will be a prerequisite for purchase.
8. DISCLAIMER
8.1 While ZiKA endeavours to ensure that the information on this Website is correct, ZiKA does not warrant the accuracy and completeness of any of the material on this Website. ZiKA may make changes to the material on this Website, or to the products, prices, schedules, dates, statistics or other information referred to in it, at any time without notice. The material on this Website may be out of date, and ZiKA makes no commitment to update such material.
8.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, ZiKA provides you with this Website on the basis that ZiKA excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.
9. LIABILITY
9.1 ZiKA, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of ZiKA’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses or spyware that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of this Website or your downloading of any material from this Website or any websites linked to this Website.
9.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. INTELLECTUAL PROPERTY
10.1 All rights, including without limitation copyright, trade mark rights and database rights, in this Website and its contents, are owned, licensed to or controlled by ZiKA, or otherwise used by ZiKA as permitted by applicable law. All rights in the copy, names, events, trade marks, logos, vehicle designs and liveries, track designs and layouts, merchandise designs and get up, photographs and all other materials and/or parts of materials of ZiKA or of its official sponsors, licensees, suppliers, franchisees or other third-party products or services, belong exclusively to ZiKA or such third party, as applicable, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international laws, as applicable. The use or misuse of these trade marks or other materials or rights, except as permitted herein or by the Third Party Guidelines, is expressly prohibited and nothing stated or implied on this site confers on you any licence or right in respect of such trade marks, materials or rights.
10.2 Unless expressly stated otherwise, nothing stated or implied in this Website is designed to grant any licence or right under any copyright or other rights of ZiKA or any third party or to use any property, material or other works or content featured on the site. No act of downloading or otherwise copying or reproducing from this Website will transfer title to you to in respect of the property, material or rights in question.
11. NO WAIVER
No failure or delay on the part of ZiKA to enforce any of its rights under these Terms shall act as a waiver of such rights.
12. GOVERNING LAW AND JURISDICTION
This Website and the use contemplated herein shall be governed by the laws in force of the Hong Kong Special Administrative Region. All users irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region.
© 2009 Zpirit Karting Association; All rights reserved.
