Terms and Conditions
This Terms and Conditions is effective as at 1 August 2018.
Section 1: Acceptance
This online registration and ticketing platform provided by 4 Thirteen Group Sdn Bhd (1103326-V) is for registered users of www.race.my (“Site”) to:
- register for sporting events (“Event” or “Events”) organised by event organisers ("Organisers" or “Organiser”) through the Site; and
- pay for the registration fees, tickets, merchandise and other goods and/or services relating to the Events through the Site.
You acknowledge and agree that, by clicking on the "I agree" button and/or by accessing, using, browsing, posting at and/or receiving any content from or through the Site, you are indicating that you have read, understand and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Site or submit or receive Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
You hereby represent and warrant to 4 Thirteen:
- that you are authorized to register and/or act as an agent to complete the registration of the Events on behalf of yourself and/or any party(ies) you are registering ("Users", “User”, “you” or “your”) through the Website;
- that your acts for an on behalf of the Users shall be binding upon them as if they have done it themselves; and
- that you are fully authorized to utilize the credit card, debit card and/or online bank transfer to which registration fees and any other transaction fees are to be charged.
You also hereby indemnify 4 Thirteen of any and all claims, losses and/or damages related to the transactions by way of credit card, debit card and/or online bank transfer performed through the Website.
Certain areas of the Site, and your access to or use, posting or receipt of certain Content, and your access to certain third-party websites, may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict or inconsistency between these Terms and the terms and conditions for a specific area of the Site or Content, or the terms of any third-party websites, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Content or that third party website, to the extent of the conflict or inconsistency. You acknowledge and agree that any terms you have agreed to or agreed will apply in respect of your access to or use, posting or receipt of Content from time to time, shall apply in respect of your access to or use, posting or receipt of Content, including without limitation through the Site, and that you have read, understand and agree to those other terms.
Section 2: Modification
We reserve the right, at its sole discretion, to modify, discontinue or terminate the Website, or to change, modify or amend these Terms or any other documents incorporated by reference, at any time without your consent or prior notification. If we modify these Terms, it will provide you with notice of the modification when you next use the Site. By continuing to access or use the Site after we have provided you with the said notice, you are indicating that you agree to be bound by the revised Terms. If the revised Terms are not acceptable to you, your only recourse is to cease using the Site.
Section 3: Registration
You may register for the Event as a User by creating an account ("Account") with us through our Site.
You hereby agree the following:
- All information submitted by you for the registration are complete and accurate.
- Your participation in the Event is only confirmed and be deemed valid upon the full payment of the registration fees is successfully made by you.
Upon full payment of the registration fees being successfully made by you ("Registration Date"):
- a registration confirmation email for the Event ("Confirmation Email") will be sent to you;
- in the event that you do not receive the said Confirmation Email within seven (7) working days from the Registration Date, please contact our hotline stated below and/or email us at email@example.com;
- you agree to abide by all the rules and regulations imposed by the Organiser;
- the Confirmation Email shall constitute as the only valid proof of your registration;
- the Confirmation Email shall be used for the collection of race kits and/or merchandises provided by the Organizer, if any; and
- you are not allowed to change your categories or any other details in relation to the Event.
For the avoidance of doubt, all registration entries are strictly:
- subject to Section 5 below, non-refundable; and/or
- The Organiser reserves the right at all time:
- to limit, accept and/or reject any entries without prior notice and reasons; and
- to close the entries for registrations before the stipulated deadline without any notice;
- to close the entries for registrations before the stipulated deadline when the Event quota has reached its limit;
- to change the date and/or venue of the Event at their own discretion;
- to cancel the Event at their own discretion;
- to not refund you the payment for the registration of the Event, in the event that you are unable to attend the Event for any reason whatsoever; and
- to refuse to offer all or any part of the services and/or Content under the Site to you and to terminate or suspend your account without notice for any reason whatsoever including your breach of any of these Terms.
If you are a non-Malaysian participant:
- you shall be solely responsible to ensure that you have obtained all necessary entry, exit, health permits and other relevant documents in order to participate in the Event("Permits");
- the Organiser and/or us shall not be responsible whatsoever with regards to the Permits and shall not be liable for any loss or damage arising from the same;
- you are advised to contact the applicable Consulate or Embassy for the Permits and/or any other relevant requirements.
Unless specified otherwise:
- All transactions made through Race.my shall be in Ringgit Malaysia (“MYR” or “RM”); and
- For Events which apply foreign currencies for non-Malaysians, the equivalent amount in RM may be converted based on the billing bank’s exchange rates.
- If you are paying from overseas or using non-Malaysian Bank, you would be subject to any applicable exchange rates, which mey differ from bank to bank. You are advised to contact the banks directly if you have any questions on the bank rates.
- Your use and access of the Site through shall be at your own discretion and risk.
- You shall be solely responsible for safeguarding and maintaining the confidentiality and security of your account (including your password) and for all activities that occur through your account.
- You agree to immediately notify us of any unauthorised use or access of your account or other breach of security with respect to your account.
- We shall not be liable for any loss or damage arising from any unauthorised use or access of your account.
Section 4: Payment
We shall be entitled to collect all payments made by you relating to the Event for and on behalf of the Organiser and to deduct from such payments, without prejudice to our other rights and remedies:
- any outstanding balance owed to us by the Organiser, whether for that particular Event or for any other Event registered with us; and/or
- any applicable fees and charges including the payment gateway's transaction fees.
We shall release such payments less any such deductions to the Organiser in such manner and at such times as determined by us in our sole discretion or as otherwise mutually agreed in writing between us and the Organiser.
Section 5: Refunds
Any refunds for purchases made by a User through the Site relating to an Event shall be subject to the refund policy of the Organiser. It shall be the sole responsibility of the Organiser to communicate its refund policy to the Users and to issue any refunds to the Users via the Site or otherwise.
If a User desires to request a refund, in connection with an Event listed on the Site:
- the User must request the refund directly from the Organizer;
- all communications or disputes regarding refunds are between the Organizer and the User and 4 Thirteen shall not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Event;
- all communications and disputes regarding chargebacks and refunds are between the Organizer and the User and 4 Thirteen shall not be responsible or liable in any way for chargebacks in connection with the Event.
For the avoidance of doubt, we do not act as an agent for and on behalf of any Organiser in respect of the sale of tickets, merchandise and other goods and/or services relating to an Event.
You agree, accept and undertake not to hold 4 Thirteen liable for any loss or damage which may be occasioned to you arising from the dispute between you and the Organizer.
Section 6: Personal Data Protection Act 2010
You hereby agree that by providing any information, personal or otherwise of yourself or other person who you are registering for, in order to register for the Event or any activity(ies) involving the Organiser and the Event sponsors (if any), you and/or any other person who you are registering for are deemed to have agreed to the following:
- The personal data of the Users ("Personal Data") shall be used by the Organiser and 4 Thirteen for the purposes of sending communication materials to the Users, including but not limited to, direct mailers, emails, Short Messaging Service, social media messages and/or telephone calls.
- The Organiser may engage the services of third parties to process the Users’ Personal Data.
- All such third parties are contractually obliged not to use the Users’ Personal Data for any other purpose, other than as specified herein.
- Any of the Users has the right, at any time, to:
- withdraw his/her consent for the use of the Personal Data;
- to request for any correction/update of the Personal Data; or
- raise any general queries regarding the use of his/her Personal Data;
In order to provide the registered users with the wide range of services offered under the Website, it is necessary for the Users’ Personal Data to be made known or available to us, our subsidiary, if any, and our authorized agents, suppliers, and service companies that provides support to the Site including but not limited to securing and developing the quality and availability of the Content. We shall also collate, develop, and personalize the Services to the registered user.
Whilst we will take reasonable care and use our best endeavour to ensure the Personal Data transmitted and received is secure, and the User acknowledges the risks involved in using the Site, we cannot guarantee the security of the Personal Data and that it may not be accessed by unauthorized third parties. You hereby agree not to hold us responsible for any loss or damage suffered arising from the disclosures as specified herein.
The Personal Data will not be disclosed to any third parties for purposes other than the above.
If you do not agree to revealing or divulging the Personal Data and your personal information with us and/or our authorized agents, suppliers, vendors and service companies, you shall notify us in writing by contacting the Organiser directly and 4 Thirteen by sending an email to firstname.lastname@example.org and the Organiser’s email which is listed in the Site.
Section 7: Waiver of Liability
For the avoidance of doubt:
- Race.my only acts as a portal for registration and collection of payments and is therefore not responsible for the organisation, staging and safety of any Events;
- any claims by the Users howsoever arising shall be directed to the Organiser; and
- Race.my shall not be liable for all or any claims, damages, compensations, liabilities or costs arising from or in connection with the Event.
You hereby acknowledge and agree:
- that you are fully aware of the nature of the Event and the associated medical and physical risks and hazards involved in participating in the Event, including the possibilities of serious physical trauma, injury or death; and
- that there may be unforeseeable dangers and risks involved in the Event, including but not limited to any personal injury, property damage or death;
- that participation in the Event will be physically demanding and warrants that you are in good physical condition and are sufficiently prepared and able to safely participate in the Event.
Furthermore, you acknowledge, agree and declare that:
- the Organiser, their subcontractors, agents, directors, employees;
- 4 Thirteen, their subcontractors, agents, directors, employees, advisers;
- all municipal agencies and local governments whose property or personnel are used;
- all sponsors (including co-sponsors), their subcontractors, agents, directors, employees; and
- any individuals related to the Event, volunteers and affiliates;
(collectively referred to as the, “Releasees”);
shall not be liable to you for any liability in contract, tort (including any negligence) or otherwise for any loss or damage including but not limited to any loss of business, revenue or profits, anticipated savings or wasted expenditure, loss or damage of or to personal equipment belonging to you or any indirect or consequential loss or damage whatsoever (notwithstanding that such loss was within the contemplation of the parties at the date of submitting your registration for the Event) arising out you taking part in the Event or any other matter arising under these Terms nor for an aggregate amount greater than the fee paid by the Users.
Without limiting the foregoing, the Releasees shall not be liable for any actions of any spectators or other third parties unless otherwise set out herein.
- You hereby expressly and irrevocably renounces, for yourself, your heir(s) and successor(s)-in-title the right to any recourse or claims whatsoever against the Releasees, or persons for whom it is answerable (“Associated Parties”) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by you, directly or indirectly, or by your family or by any dependents and caused by an event in any way relating to the your participation in Event;
- undertake, for yourself, your heir(s) and successor(s)-in-title the right to indemnify and hold harmless the Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made. indemnify the Releasees and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the your declarations above and/or theyour negligent acts or omissions and/or wilful misconduct;
- release, waive, discharge and covenant not to sue 4 Thirteen for any and all liability from any and all claims arising from the participation in the events by you or any other registered user.
- expressly and irrevocably renounces, for yourself, your heir(s) and successor(s)-in-title the right to any recourse or claims whatsoever against the Releasees, or persons for whom it is answerable (“Associated Parties”) as a result of any kind of physical, mental or other loss or damage of whatsoever nature (including any loss of earnings, profits, or pain and suffering) suffered by you, directly or indirectly, or by your family or by any dependents and caused by an event in any way relating to your participation in Event;
- undertake, for yourself, your heir(s) and successor(s)-in-title the right to indemnify and hold harmless the Organiser, and the Associated Parties for any costs and/or amount, which they or any of them may be required to pay as a result of any aforesaid recourse or claim by whomsoever made.
- indemnify the Releasees and the Associated Parties for any claim, actions, liabilities or losses resulting from any breach of the your declarations above and/or your negligent acts or omissions and/or wilful misconduct;
- release, waive, discharge and covenant not to sue 4 Thirteen for any and all liability from any and all claims arising from the participation in the events by you or any other registered user.
You acknowledge that the Organizer of the Event has the right at its own discretion to alter, change, cancel and/or postpone any of these Events as a results of circumstances that would directly affect or impact the event which is or beyond control.
4 Thirteen makes no warranty and assurance that the services in the Site will be uninterrupted, secure or error free. 4 Thirteen also does not guarantee the accuracy or completeness of any information, or provided in connection to the Events or otherwise in the website.
You affirm that you have read, understood and fully agreed to the terms dealing you'er waiver of liability herein, and that they will give up substantial rights, including the rights to sue and to release all liability to the greatest extend allowed by law.
Section 8: Indemnity
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors and suppliers harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or Content, or your violation of these Terms.
Further, we reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you.
Further, you agree and consent to:
- the use of your name; and
- the usage of your appearance filmed or recorded by the Organiser and Race.my whether by way of photographs or videos;
in broadcasts, newspapers, magazines, brochures, internet website, and other media for the purpose of advertising, publicity and otherwise in relation to the exploitation of the Event ("Marketing Usage").
You shall not claim or demand for any compensation or payment for such Marketing Usage as above mentioned.
Section 10: Termination
We may, at our sole discretion, terminate, disable or suspend your use of the Site and Content with immediate effect at any time, without prior notice or liability, for any reason whatsoever, including but not limited to your breach of any of these Terms, upon which your right to use the Site will immediately cease.
All provisions of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to indemnify and hold us, and our officers, managers, members, affiliates, successor, assigns, directors, agents, suppliers, and employees harmless from any claim or demand, including reasonable solicitors’ fees and court costs, made by any third party due to or arising out of the termination.
Section 11: Links and Third Party Advertisements
Where we provide a hyperlink to or other use of a third party website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to the Site. Any such hyperlink or use does not signify that we have reviewed or approve of the connected third party website or its contents – indeed, in certain instances, a hyperlink may connect you to a third party website containing views contrary to those expressed on the Site, or otherwise held by us.
The Site may also contain third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties, their licensees or contractors. You are referred to the relevant third party advertiser for all information regarding the third party advertiser and its products and/or services.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such third party website or resource. Once you leave our Website, these Terms no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Site, and you accept all responsibility thereof. Your dealings and communications through the Site with any party other than us are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
Section 12: Governing Law and Jurisdiction
These Terms and all matters arising from or in connection with them (including non-contractual obligations) are, except as otherwise expressly referred to in these Terms, governed by the laws of Malaysia. The courts of Malaysia will have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
In the event that any or any part of these Terms shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such terms shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
You agree that this Terms are intended to be as broad and inclusive as is permitted by law of Malaysia.