Terms

Updated September 1, 2025

Online Ticketing Policy for Australia Venues

Only Online Tickets will be available to purchase on this website with Australian-Based race track venues.

All ticket sales for an Australian-Based entity will be in $AUD. GST (10%) is included on any service fees for the ticket as well as the ticket price itself, if the event promoter is registered for GST. If the event promoter is not registered with GST, only the service fees for the ticket sale are subject to GST (10%).

All Ticket Sales are final. There are no returns on ticket sales from MyRacePass directly. You must contact the track holding the event in which you purchased the tickets regarding any returns as the money collected for ticket sales is distributed to the event promoter.

Immediately following the purchase of Australia Online Tickets, the tickets and tax invoice will be delivered to the email address you provided on the purchase as well as inside the Tickets tab within the MyRacePass app or on www.myracepass.com/account/orders if you created a MyRacePass account at the time of purchase.

In the unfortunate event of a Rain Out, you will need to view the Event’s Rain out Policy for the proper procedures. The event promoter will have the option to refund your ticket price, or your ticket will be transferred to the next event. If you purchased the ticket for a Special Event, please view the promoters’ Rain Out Policy.

Credit / Debit cards will be used for the ticket purchase. MasterCard, Visa and Discover will be the available options for your ticket purchase with your Credit Cards and Debit Cards.

MyRacePass PTY LTD
ABN: 76 688 151 019

If you have questions on your ticket sale, please contact our support desk at support@myracepass.com.

Acceptance of the Terms and Conditions

These Terms and Conditions apply to all websites, apps, products, services and content, provided by, operated by and/or hosted by CAVAHO, LLC d/b/a MyRacePass and its affiliates (collectively “MRP” and “MRP’s Products and Services”).

Whether you are simply browsing, creating or using an account, by posting any content and/or purchasing products or services from MRP, your use of this site or app signifies that you have read, understand, acknowledge and agree to be bound by these Terms and Conditions.
This site is protected by United States, individual state and international copyright, trademark and trade secret laws. All rights reserved. Certain features of the website may only be accessible by registered users of the website.

Eligibility

Participation in MRP’s Products and Services is void where prohibited. MRP’s Products and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By participating, you represent and warrant that you are 18 or older, and that you agree to and will abide by all of these Terms and Conditions.

MRP Subscriptions

By signing up for a MRP Subscription, you agree that your credit card will be automatically charged the monthly or yearly service fee. Your MRP Subscription account may be cancelled by you at any time. If a trial period is offered, your card will not be charged until the trial period expires. Prices and availability are subject to change.

Accessing MRP’s Products and Services and Account Security

In order to access some of the features of MRP’s Products and Services, you will have to create an account. You represent and warrant to MRP that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete. You are solely responsible for the activity that occurs on your account, whether authorized by you or not, and you must keep your account information secure, including without limitation your login, password, payment method(s) and API access key. You must notify MRP immediately of any breach of security or unauthorized use of your account. MRP will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss MRP or others incur that is caused by the actions of your account, whether those actions were caused by you, an authorized person, or an unauthorized person.

Audio Feeds

MRP does not claim any rights or interest in any musical sounds that are picked up in the background of the audio feed broadcast on the MRP app. Audio feeds are pulled directly from the host organization and are not moderated by MyRacePass. The opinions and views expressed by on air personnel are the opinions and views of those on air personnel. Audio levels can be unpredictable so set your volume accordingly.

No Account Sharing

You are not permitted to share your account with any other party. Only you are entitled to access your account and you should not share or disclose your login credentials. In the event that you are found to have shared your login credentials with another party, MRP may immediately terminate your account without notice or liability to you, as provided in the “Misuse of MRP Products and Services” section below.

Refunds or Returns

If you believe the Products or Services you have received may be faulty, please contact MRP to determine your options regarding repair, replacement, or refund.

If you are ordering a monthly subscription, you are able to cancel your monthly account anytime, located in the account settings > billing, of your account.

Contests, Drawings, and Affiliates

From time to time, MRP may run promotional drawings including but not limited to free products, product discounts, and other incentives. Awards will be provided to any winners by our customers. In order to remain eligible to win, you must be a current MRP Pro member unless otherwise stated. By signing up for MRP Pro you are automatically eligible to receive discounts and be entered into drawings – in doing so, MRP may share your information with promotional affiliates on a limited basis.

Ticket Policy

All Ticket Sales are final. There are no returns on ticket sales from MyRacePass directly. You must contact the track holding the event in which you purchased the tickets for regarding any returns as the money collected for ticket sales is distributed to the event promoter.

In the unfortunate event of a Rain Out, you will need to view the Track’s Rain out Policy for the proper procedures. The track will have the option to refund your ticket price, or your ticket will be transferred to the next event. If you purchased the ticket for a Special Event, please view the Track’s Rain Out Policy. The additional fees for the Online Ticket purchase will not be refunded to the ticket holder. If you purchased the ticket from one of your favorite drivers, they will still get the Ticket Referral Fee and you will still be continuing your support of the drivers.

If you have questions on your ticket purchase, please contact the track/series you are purchasing the ticket from.

Copyrights and Trademarks

All MRP created or supplied website design, text, graphics, logos, button icons, audio and video clips, the selection and arrangement thereof, pricing and financial information, data, and all software, including its content management system, is the exclusive property of MRP or its content suppliers, Copyright © 2025, MYRACEPASS ALL RIGHTS RESERVED. All access to MRP’s Products and Services is provided subject to a limited, non-exclusive license.

Permission is granted to electronically copy and to print in hard copy portions of MRP’s website for personal, non-commercial purposes including reviewing information therein, for understanding and/or using the products and services of MRP or for using this website as a resource for use of MRP’s products or services. Permission is also granted to download, reproduce and distribute the images of MRP’s products and services for the purpose of promoting MRP’s products and services. The permissions granted herein are subject to and contingent upon your agreement not to state or imply any affiliation, association, sponsorship, license or other relationship between yourself and MRP other than what may truthfully exist; and your agreement not to libel, disparage, tarnish or otherwise harm the goodwill and reputation of MRP or to use MRP’s images for illegal purposes, for immoral purposes, to violate any regulation, for any sexually explicit purpose or to violate or infringe the rights of any third party. These permissions do not apply to individualized driver, track, series, business or other individualized customer websites or webpages hosted by MRP.

Any other use of materials or information on any MRP website – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of MRP, is strictly prohibited.

Except as noted in context or herein, all trademarks, service marks, trade dress, product names and company names or logos cited herein are the property of MRP with ALL RIGHTS RESERVED.

Public Information

A MRP Product or Service may allow you to voluntarily publish and share, or have published, content and information on your own individualized website or webpage or on third party websites or webpages. This content may include public data about you, such as racing results and statistics, obtained from third party sources. Public information may include your public profile, text, photos, videos, biography information, racing history and results, race schedule, racing stats, news, recognition of crews or sponsors, links, reviews, critiques, editorials, testimonials, commentary, forum or blog discussions or similar type submissions via posting, email, messaging or other communication means (“Public Information”). MRP treats all information published by you or others to its website and/or its hosted websites and webpages as Public Information. Any material you place on your own or third party websites or webpages, or public data about you obtained from third party sources, shall be treated as Public Information and you hereby waive any claim to confidentiality.
CONFIDENTIAL AND/OR PRIVATE OR PERSONAL INFORMATION SHOULD NOT BE PUBLISHED ON YOUR OWN OR THIRD PARTY WEBSITES OR WEBPAGES. PLEASE EXERCISE CAUTION WHEN VOLUNTARILY DISCLOSING ANY INFORMATION.
When you use third-party apps, websites or other services that use, or are integrated with MRP’s Products and Services (e.g. Facebook, PayPal), they may receive information that you voluntarily publish or agree to share with them. In addition, when you download or use such third-party services, they may access your public profile, content and information you agree to share. Information collected by these apps, websites or integrated services is subject to their own terms and policies.
Software that is utilized by the clients of MRP contains user generated data, including, but not limited to, race schedules, driver information, race results, live timing data, news releases, photos, videos, contact information, and general text content shall be treated as Public Information and you hereby waive any claim of ownership.

Prohibited Uses

When using MRP’s Products and Services, you may not post material that: contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, bullying, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. As a non-limited list of examples, it a violation of this policy to provide any content or communication which:

• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
• unfairly interferes with any third party’s uninterrupted use and enjoyment of this site.
advertises, promotes or offers to trade any products or services, except in areas specifically designated for such purpose.
• uploads copyrighted or other proprietary material of any kind on this site without the express permission of the owner of that material.
• includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
uploads or transmits viruses or other harmful, disruptive or destructive files.
• disrupts, interferes with, denies service to or otherwise harms or violates the security of this site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through MRP or affiliated or linked sites, “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

We reserve the right to remove all or any portion of any entry or any other content that does not comply with the above at our sole discretion. In the case of an egregious or repeat offender, MRP reserves the right to suspend or terminate the offender’s account or access to the MRP system.

You represent and warrant that you own, have the right to use or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that its disclosure and use will not cause injury to any person or entity. You hereby agree to defend, indemnify and hold harmless MRP, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third-parties based on any content you provide.

You grant MRP, its affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable worldwide right and license to use, copy, modify, display, perform, archive, store, distribute, reproduce and create derivative works from Public Information, in any form, media, software or technology of any kind now existing or developed in the future. You also grant MRP and its affiliates and related entities the right to use your name and any other information about you that you provide as Public Information in connection with the use, reproduction or distribution of such material.

You hereby grant MRP the right to use any material, information, ideas, concepts, know-how or techniques contained in any public communication you send to us for any purpose whatsoever. All rights in this paragraph are granted without the need for additional compensation of any sort to you. You agree that MRP has the right and permission to use your name, voice, image, likeness, and content in any media (including, without limitation, television, print, radio and the Internet), world-wide, for the purposes of advertising, promoting, reporting and disseminating information about MRP and MRP’s business.

Consent and Changes to the Terms

In addition to all applicable laws, your use of MRP’s Products and Services constitutes your consent to the Terms and Conditions. We may revise and update the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of MRP’s Products and Services thereafter.

Your continued use of MRP’s Products and Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Changes to MRP's Products and Services

We may update the content on MRP’s Products and Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on MRP’s Products and Services may be out of date at any given time, and we are under no obligation to update such material.

Third Party Statements

MRP is not responsible for third party statements. Reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties are not intended to imply sponsorship, adoption, belief or endorsement of them by MRP.

Links from MRP Products and Services

As a courtesy, MRP’s Products and Services may include external links to other sites of possible interest. You may access these sites directly or through this site. MRP is not responsible for the content in other sites, and links from MRP to other sites are not intended to imply endorsement of them by MRP.
MRP grants permission for third parties to post links to the home page of MRP’s website for the purposes of promoting MRP’s products and services and for referring people to MRP’s website. Deep-linking to pages of MRP’s website and framing content from MRP’s website is prohibited.

Third Party Rights Policy

MRP respects the rights of third parties. In the event that a third party believes that content used on or with MRP’s Products and Services violates that party’s copyright or trademark rights, the following policy applies:

(1) The complaining party should provide a notice to MRP informing MRP of the asserted violations. To be effective, a “Notice” must be a written communication to MRP’s agent which includes the following:

a) identification of the work or rights alleged to be infringed;
b) identification of the material claimed to be infringing or which is the subject of the violation and identifying information for the party allegedly committing the violation;
c) the complaining party’s contact information, including a complete name, address, telephone and e-mail address;
d) a statement under penalty of perjury that the complaining party has a good faith belief that use of the material is unauthorized, that the information in the Notice is accurate and, that the complaining party is authorized to act on behalf of the owner; and
e) a physical or electronic signature of a person authorized to act on behalf of the complaining party.
Notices should be sent to the Agent using the contact information provided below.

(2) Upon receipt of a sufficient Notice, MRP will review the Notice, will notify the party
allegedly committing the violation and will temporarily remove or disable the allegedly violative material. MRP reserves the right to terminate the account of repeat offenders.

(3) MRP will provide the allegedly violating party an opportunity for 10 business days to provide a Counter-Notice defending the allegedly violating material and will forward any Counter-Notice to the complaining party.

(4) Upon receipt of a Counter-Notice, MRP may at its option restore the removed or disabled material in no less than 10 business days unless the complaining party notifies MRP that it has sought a court order for injunctive relief.

MRP Marketplace

-Store Owners

If you are a driver, track, series, or business and have an apparel item on the MRP Marketplace and have a current active subscription of at least an Essential plan, you are open for commissions/profits on Apparel Sales.

In order to receive your funds from commissions earned from MRP Online Ticket Sales or MRP Dropship Apparel, you must have at least a current Driver, Business, Track or Series Essential subscription. If you cancel before your funds reach the $100.00 threshold, you will forfeit your earnings.

Profits/Commissions will be sent via ACH to your account if and only if you have supplied MyRacePass with an updated ACH form.

-Users

MRP Online Ticket Sales is a service promoters use to sell tickets. Refunds are sent on the next Tuesday following the event, if and only if, the promoter (track/series/event) has denoted the ticket sales for refunds. MyRacePass is not responsible for the ticket refunds until the action has been made by the track to signal a refund.

MRP Dropship Apparel Orders will be processed within 24 hours of your initial order and then can take up to 14-21 business days for you to receive your order. There are no refunds with apparel as the store owners (drivers/tracks/series/businesses) collect the profits from the sales.

Transfer of Profile Rights Upon Assumption of Control

Any Owner, Lessee, or other Entity that assumes control of a given organization (Race Track, Race Series, Sanctioning Body, Club, Non-Profit, Race Team) shall be vested with, or shall retain, all rights pertaining to the associated MyRacePass Account (MRP Profile), notwithstanding any pre-existing rights or subscriptions.

The final decision of any access to any MyRacePass account is made solely by MyRacePass.

Administrator Removal and Subscription Treatment Upon Change of Ownership

Upon the sale or other transfer of ownership of a business entity utilizing a MyRacePass account, current administrators may be removed from the profile without prior notice. The existing subscription shall be deemed an asset to be resolved between the transacting parties, and no refunds of previously paid fees shall be required.

The final decision of any access to any MyRacePass account is made solely by MyRacePass.

Disclaimer and Limitation of Liability

MRP makes every effort to provide helpful information and to keep all data accurate and up to date, but makes no warranties or representations regarding MRP’s Products and Services. You agree that all access and use of MRP’s Products and Services and externally linked pages are at your own risk. NOTWITHSTANDING THE CONSUMER GUARANTEES THAT ARE PROVIDED BY THE AUSTRALIAN CONSUMER LAW OR NEW ZEALAND CONSUMER GUARANTEES ACT, MRP IS PROVIDING MRP’S PRODUCTS AND SERVICES AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO MRP’S PRODUCTS AND SERVICES OR ITS CONTENTS. MRP DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY. MRP DOES NOT WARRANT THAT USE OF MRP’S PRODUCTS AND SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT MRP’S PRODUCTS AND SERVICES OR ANY MATERIALS ARE FREE OF BUGS, VIRUSES OR ERRORS. IN ADDITION, MRP DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA MRP’S PRODUCTS AND SERVICES IS ACCURATE, COMPLETE OR CURRENT.

EXCEPT FOR A BREACH OF THE CONSUMER GUARANTEES THAT ARE PROVIDED BY THE AUSTRALIAN CONSUMER LAW OR NEW ZEALAND CONSUMER GUARANTEES ACT, IN NO EVENT SHALL MRP OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH MRP’S PRODUCTS AND SERVICES (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THIS AGREEMENT, WHETHER OR NOT MRP MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, EXCEPT FOR A BREACH OF THE CONSUMER GUARANTEES THAT ARE PROVIDED BY THE AUSTRALIAN CONSUMER LAW OR NEW ZEALAND CONSUMER GUARANTEES ACT, IN NO EVENT WILL MRP’S CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED ONE HUNDRED DOLLARS (U.S. $100.00). THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

Misuse Of MRP Products and Services

MRP reserves the right in its sole discretion to suspend or terminate your access to MRP’s Products and Services or delete your account if it believes your actions (a) violate any provision of these Terms and Conditions; (b) constitute misuse or abuse of any MRP websites, apps, products, services, or content; (c) provide inappropriate content; (d) violate any rights of others; (e) violate the law; or (f) are harmful to the interests of MRP or its affiliates.

MRP may take any of the actions listed above without notice or liability to you. Should MRP terminate your account for any reason, you will remain liable for all amounts due under your account up to and including the date of termination. MRP will not issue a refund for any MRP Subscription fees paid prior to termination.

Disputes Between Users

As a condition of access to MRP’s Products and Services, you release MRP (and MRP’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more other MRP users; including, without limitation, any claim that another user infringes upon your intellectual property rights. You further understand and agree that: (a) MRP will have the right but not the obligation to resolve disputes between users relating to MRP’s products and services, and MRP’s resolution of any particular dispute does not create an obligation to resolve any other dispute; (b) to the extent MRP elects to resolve such disputes, it will do so in good faith based solely on its general rules and standards and will not make judgments regarding legal issues or claims; (c) MRP’s resolution of such disputes will be final with respect to MRP’s products and services, (d) you hereby release MRP (and MRP’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with MRP’s resolution of disputes relating to MRP’s products and services.

Applicable Law

This site is provided in accordance with the laws of the United States and the State of Nebraska. By using MRP’s Products and Services you consent to this exclusive choice of law and to exclusive jurisdiction and venue for any disputes related to the website in the federal and/or state courts located in or whose jurisdiction covers Lincoln, Nebraska. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed by the parties with respect to these Terms and Conditions and the transactions contemplated hereby.

MyRacePass Contact Information

Cavaho, LLC
151 N. 8th Street
5th Floor
Lincoln, NE 68508
402-302-2464
support@myracepass.com


Australia

1. Acceptance of the Terms

These terms and conditions ("Terms") apply to any individual or organisation ("you" or "your") that accesses or uses the MyRacePass platform (available through the www.myracepass.com website as a web-based platform or as a downloadable mobile application) ("Platform") operated by Cavaho, LLC and MyRacePass Pty Ltd ABN 76 688 151 019 (together, "MRP", "we", "our" or "us").

Whether you are simply browsing or hold a Platform user account ("Account"), by using or accessing the Platform, you signify that you have read, understood, acknowledge and agree to be bound by these Terms.

The Platform is protected under United States, Australian, international and any individual state copyright, trade mark and trade secret laws. MRP reserves all rights in and to the Platform.

2. Eligibility

Participation in the Platform is void where prohibited. The Platform is intended solely for users who are eighteen (18) years of age or older. You must not use the Platform if you are under the age of 18. Any registration to, or use or access of, the Platform by anyone under 18 is unauthorized, unlicensed and in violation of these Terms.

By using or accessing the Platform, you represent and warrant that you are 18 years of age or older and that you agree to, and will abide by, these Terms.

3. Accounts

3.1 Creating your Account

(a) In order to access some of the features of MRP’s Products and Services, you will have to create an Account. You may create and register an Account by following the process described on our website at www.myracepass.com ("Website") and www.support.myracepass.com (Documentation).

(b) You may create an Account in your individual capacity ("Individual User"), on behalf of a company or business, race promoter, or race track operator as its authorized representative ("Business"), or as an employee of a Business ("Business User").

(c) By creating an Account, you represent and warrant that:
(i) all information you submit when you create your Account and as set out in your Account (whether public or for MRP's records), is accurate, current and complete;
(iI) you will keep your Account information accurate, current and complete; and
(iII) you are using the Platform for your sole benefit and not on behalf of any other person or for such person's benefit (except if you are a Business or Business User).

3.2 No Account sharing

(a) Unless otherwise specified in these Terms, you are not permitted to share your Account with any other party. Only you are entitled to access your Account and you should not share or disclose your login credentials.

(b) In the event that you are found to have shared your login credentials with another party, MRP may immediately terminate your Account without notice or liability to you, as provided in the “Suspending or terminating your access” section at clause 4.4 below. If you are an Australian resident, MRP will notify you of the termination of your Account.

3.3 Account activity

(a) You are solely responsible for the activity that occurs on your Account (whether authorized by you or not). You must keep your Account information (including, without limitation, your login, password, payment method(s) and API access key) secure.

(b) You must notify MRP immediately of any breach of security or unauthorized use of your Account.

(c) MRP will not be liable for any loss, damage, cost, charge liability or expense ("Loss") you incur due to any unauthorized use of your Account. You, however, may be liable for any Loss incurred by MRP or any third-party that is caused by the actions of your Account, whether those actions were caused by you, an authorized person, or an unauthorized person.

3.4 Transfer of Account upon assumption of control

Any entity that assumes control of a Business, shall be vested with, or shall retain, all rights pertaining to the associated the Account, notwithstanding any pre-existing rights or subscriptions.

The final decision of any access to any Account is made solely by MRP.

4. Access and use of the Platform

4.1 Grant

No rights of ownership or any intellectual property rights subsisting in and to the Platform or MRP Content (including any updates, versions, upgrades or modifications to the Platform or MRP Content) is transferred to you under these Terms and all such rights remain with MRP.

In exchange for your compliance with these Terms, MRP grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free right to use and access the Platform for your personal use, non-commercial use or (if you have signed up as a Business or Business User) your internal business purposes. You may also download, copy and print any information, data, images, videos available on the Platform ("MRP Content") or take screenshots of the Platform for those relevant purposes and to promote your use of the Platform.

These permissions do not apply to individualized driver, track, series, business or other individualized customer websites or webpages hosted by MRP.

You understand and agree that you are not granted any rights to access or use the Paid Features (as defined at "Access to Paid Features" in section 5.5 below).

4.2 Availability and updates

MRP will use reasonable efforts to make the Platform available to you. However, MRP is not liable for any error, delay, defect, disruption, interruption or other unavailability in respect of the Platform.

We may update the Platform and MRP Content from time to time, but its content is not necessarily complete or up to date. Any MRP Content may be out of date at any given time, and we are under no obligation to update such content.

4.3 Misuse of Platform

In accessing and using the Platform, you must not (and must not allow, enable or permit any other person to):

(a) access or use the Platform or MRP Content other than as permitted under these Terms;
(b) access or use the Platform or MRP Content in any unlawful, illegal or immoral purposes;
(c) cause harm or loss to anyone;
(d) sell access to, or information from, the Platform;
(e) engage in phishing or identity theft;
(f) post any material that contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
(g) post any material that is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, bullying, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
(h) violate any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation;
(i) interfere with any other user's use and enjoyment of the Platform;
(j) advertise, promote or offer to trade any products or services, except where expressly permitted by these Terms;
(k) upload copyrighted or other proprietary material of any kind on the Platform without the express permission of the owner of that material;
(l) post any images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
(m) upload or transmit viruses, malware or other harmful, disruptive or destructive files;
(n) disrupt, interfere with, deny service to or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through MRP or affiliated or linked sites;
(o) “flame” any individual or entity (e.g., by sending repeated messages related to another user and/or makes derogatory or offensive comments about another individual) or repeat prior posting of the same message under multiple threads or subjects
(p) reproduce, adapt, duplicate, rent, copy, sell trade, resell, distribute, exploit or commercialise the Platform or MRP Content, except as expressly permitted under these Terms;
(q) deep-link to pages of MRP's Platform or Website or frame content from the Platform or Website;
(r) distribute any spam;
(s) state or imply any affiliation, association, sponsorship, license or any other relationship between you and MRP, unless we have provided our prior written consent; or
(t) libel, disparage, tarnish or otherwise harm the goodwill and reputation of MRP.

4.4 Suspending or terminating access

(a) MRP reserves the right in its sole discretion and may suspend or terminate your access to the Platform or delete your Account immediately if:
(i) MRP believes that your actions violate any provision of these Terms, constitute misuse or abuse of the Platform, violate any rights of other users, violate the law or are harmful to the interests of MRP;
(ii) required by applicable law;
(ii) it is no longer commercially viable for MRP to provide the Platform; or
(iv) an event or circumstance beyond MRP's reasonable control occurs, which restricts or prevents us from performing our obligations under these Terms (including to provide you access to the Platform).

If you are a US resident or reside outside of Australia, MRP may take any of the actions listed above without notice or liability to you.

(b) You may stop accessing or using the Platform at any time by following the process set out in the Platform or Documentation.

(c) Once your access is terminated or your Account is deactivated:
(i) you will remain liable for all amounts due under your Account up to and including the date of termination;
(ii) these Terms as between you and MRP terminate immediately; and
(iii) you may no longer access the Platform.

5 Platform subscription terms

5.1 Subscription process

(a) You may purchase any of the subscription plans offered on the Website for the use and access of the Platform ("Subscription Plan"). This section 5 ("Subscription Terms") applies if you purchase a Subscription Plan or hold an Account under a Subscription Plan. The inclusions and features of each Subscription Plan are detailed on the Website and Documentation.

(b) If you are subscribing to the Platform as an Individual User, you may register for any of the subscription plans offered to such users described on the Website and Documentation ("Individual Plans"). If you have subscribed to an Individual Plan, you are a "Registered User".

(c) If a Business is subscribing to the Platform under a subscription plan offered to Businesses, as described on the Website and Documentation ("Business Plans"), the Business must:

(i) complete the relevant subscription form on the Platform;
(ii) specify the number of Business Users for whom the Business has procured a licence to use and access the Platform under a Business Plan ("Registered Business User");
(iii) ensure that each Business User is over the age of 18; and
(iv) hold and maintain the necessary authority to bind the Business to these Terms and otherwise act on behalf of the Business.

5.2 Subscription Period

The Subscription Period:

(a) starts on the date the Subscription Plan begins and continues for the initial one-month or one-year period selected in the Platform; and
(b) will automatically and continuously extend for additional one-month or one-year (as selected) periods on these Terms, until the Subscription Plan is cancelled in accordance with the process set out in the Platform or Documentation.

The Registered User or Business may cancel the Subscription Plan at any time.

If the Subscription Plan is cancelled:

(a) the Subscription Terms remain on foot until the end of the initial period or the current extended period, after which these Subscription Terms terminate automatically and no longer apply to your use of the Platform;
(b) your Account will revert to a free Account and you will no longer have access to the Paid Content;
(c) all Subscription Fees payable for the Subscription Period are immediately due and payable;
(d) MRP will not issue a refund for any Subscription Fees paid prior to termination and MRP is entitled to retain all prepaid Subscription Fees; and
(e) the other provisions of these Terms remain on foot.

5.3 Subscription Fees

(a) The Registered User or Business (as applicable) is responsible for paying all fees payable for your and/or each Registered Business User's use of the Platform under your selected Subscription Plan, as set out on the Website ("Subscription Fees").

(b) By registering for a Subscription Plan, MRP will automatically charge the Subscription Fees to the credit card or direct debit account the Business or Registered User has provided in accordance with the billing schedule selected on the Platform.

(c) Unless stated otherwise, the Subscription Fees are exclusive of the applicable tax. The Registered User or Business must pay MRP an additional amount equal to the amount of tax relating to MRP's taxable supply (if any) at the same time such users pay the Subscription Fees or other consideration for the supply.

(d) From time to time, MRP may offer the Subscription Plan on a free trial basis, in which case, the Subscription Fees will not be charged until the trial period expires.

5.4 Change to Subscription Fees

Prices and availability are subject to change. If you are an Australian resident or the Business is incorporated in Australia, the following conditions apply:

(a) we may only change the Subscription Fees within 14 days' prior notice, by an amount equivalent to the Consumer Price Index Number in Perth published by the Australian Bureau of Statistics or, if that index does not exist, the nearest equivalent index;

(b) any change in the Subscription Fees does not take effect until the start of the following billing period; and

(c) if the Registered User or Business does not agree with the change, the user may cancel the Subscription Plan as set out within the Platform or Documentation.

If the automatic charge fails for any reason and the Subscription Fees remain unpaid after 14 days of MRP notifying you of the failed charge, MRP may suspend your access to the Platform.

5.5 Access to Paid Features

In consideration of the Subscription Fees, MRP grants you a limited, non-exclusive, royalty-free, non-sublicensable, non-transferable right to access and use the features, functionalities, information, materials or information available exclusively to Registered Users and Registered Business Users under the relevant Subscription Plan ("Paid Features").

5.6 Business terms

The following conditions additionally apply to a Business or Registered Business Users:

(a) the Business is responsible and liable for all acts and omissions of each Registered Business User;
(b) the Business must nominate a Registered Business User to act as the representative of the Business and for managing the Business Plan (including, payments and use of the Platform by Registered Business Users) ("Administrator");
(c) the Administrator's Account may be used for the benefit of the Business and its Registered Business Users, and may be shared among different individuals acting as the Administrator, as determined by the Business;
(d) if a Business or a Registered Business User is found liable under or in connection with these Terms, each of those parties is jointly and severally liable to MRP under these Terms;
(e) the Business must not exceed the allocated number of licenses or Registered Business User Accounts permitted under its Subscription Plan;
(f) the Business must comply with any other restrictions applicable to its Subscription Plan, including without limitation, restrictions regarding data usage;
(g) the Business must take steps to ensure that each Registered Business User is suitably trained on how to use the Platform and complies with these Terms;
(h) a Registered Business User may deactivate their Account, and the Administrator may deactivate one or more of the other Registered Business User's Account at any time by following the process set out in the Documentation or Platform. If such Account is deactivated:
(i) the Registered Business User's Account will be permanently deactivated;
(ii) these Terms as between MRP and that user terminate immediately and the Registered Business User will be removed from the Business Plan, however MRP may retain all Subscription Fees paid for that user's licence and charge the Business for any unpaid Subscription Fees due at the end of the initial subscription period or current extended period in respect of that user;
(iii) these Terms as between MRP and the Business and other Registered Business Users remain on foot; and
(iv) MRP will adjust the Subscription Fees for the following extended period (as applicable); and

(i) upon the sale or transfer of ownership of a Business utilising an Account:
(i) current Administrators may be removed from the Account without prior notice; and
(ii) the existing Subscription Plan shall be deemed an asset to be resolved between the transacting parties, and no refunds of previously paid fees shall be required.

5.7 Liability

Notwithstanding any other provision in these Terms, if MRP is found liable for any Loss, claim or liability under or in connection with these Terms (whether arising under contract, tort, negligence or statute), then to the full extent permitted by applicable law, MRP's total liability is limited to the amount equal to the Subscription Fees paid or payable by the Registered User or Business under the Subscription Plan in the 12 months before the date the liability arose.

6. Trademarks

You may use any of the MRP trademarks, service marks or brand materials ("MRP Trademarks") available through the Platform for personal use or your internal business purposes (as the case may be). You acknowledge and agree that all reputation and goodwill generated in your use of the MRP Trademarks automatically inures to, and for the benefit of, MRP.

You must use the MRP Trademarks strictly in accordance with the brand guidelines available on the Platform or Website, and must not:

(a) modify or distribute the MRP Trademarks, except with our prior written approval;
(b) use any other trademark which is substantially identical or deceptively similar to the MRP Trademarks;
(c) use the MRP Trademarks in such a way which has or is likely to have an adverse effect on the goodwill of the MRP Trademarks;
(d) do, or omit to do, any act or thing in relation to the MRP Trademarks which may expose MRP to any liability or potential liability;
(e) use the MRP Trademarks to represent any affiliation, partnership, association or other relationship between you and MRP, unless expressly permitted under these Terms; or
(f) use, register or attempt to register any company, business or trade name or trade mark which is substantially identical or deceptively similar to any MRP Trademarks.

No right, title and interest and any intellectual property rights subsisting in and to the MRP Trademarks are transferred to you under these Terms. Except as noted in context or herein, all MRP Trademarks herein are the property of MRP with ALL RIGHTS RESERVED.

7. Your Content

7.1 Using Your Content

The Platform allows you to publish, share or create your own content or information ("Your Content"), including the information published on your Account, reviews, commentary, blog discussions and other communications made through the Platform. Your Content does not form part of the MRP Content for the purposes of these Terms.

Your Content is publicly available information and MRP has no obligations to keep Your Content confidential. You understand and agree that Your Content may be used by any other user of the Platform.

When you use third-party apps, websites or other services that use, or are integrated with the Platform (e.g. Facebook, PayPal), they may receive information that you voluntarily publish or agree to share with them. In addition, when you download or use such third-party services, they may access Your Content. Information collected by these apps, websites or integrated services is subject to their own terms and policies.

You retain all right, title and interest in and to Your Content, but you grant MRP a non-exclusive, royalty-free, irrevocable licence to use and exploit Your Content to:
(a) facilitate your and other users' use of the Platform;
(b) to promote your use of the Platform;
(c) improve or develop the Platform and our other products and services; and
(d) for any other lawful purpose.

If any personal information is comprised in Your Content, MRP will use your personal information in accordance with our Privacy Policy.

7.2 Warranties

By publishing, sharing or creating Your Content, you represent and warrant that:

(a) you own, have the right to use or otherwise control Your Content;
(b) you are authorized or have the necessary title or rights to use, publish, share or create Your Content and grant the licence at the "Using Your Content" section at clause 7.1 above;
(c) Your Content is accurate; and
(d) Your Content does not violate these Terms and its disclosure and use will not cause injury to any person or entity.

7.3 Removing Your Content

MRP reserves the right to, and may immediately, remove all or any portion of Your Content that does not comply with these Terms at our sole discretion. In the case of an egregious or repeat offender, MRP reserves the right to suspend or terminate the offender’s account or access to the Platform.

8 Third-Party Content

To the extent that any links, information, data or materials owned or held by a third-party to these Terms (including any other user of the Platform) ("Third-Party Content") is comprised in the Platform or MRP Content, you understand and agree that:

(a) MRP does not make any representations, guarantees or warranties in respect of the Third-Party Content, including without limitation, any representations, guarantees or warranties that:
(i) your use of the Third-Party Content will not infringe third-party intellectual property rights; or
(ii) the Third-Party Content is secure will operate or function without any errors or interruptions;
(b) MRP is not liable for your use of the Third-Party Content;
(c) in respect of any third-party links, MRP is not responsible for the content in other sites, and links from MRP to other sites are not intended to imply endorsement of them by MRP;
(d) in respect of any statements made by third parties, MRP is not responsible for such statements and any reviews, critiques, editorials, commentary, forum or blog discussions or similar type statements posted by third parties on the Platform is not intended to imply any sponsorship, adoption, belief or endorsement of them by MRP;
(e) no right, title or interest in and to the Third-Party Content (including the intellectual property rights subsisting in such content) is transferred to you under these Terms; and
(f) unless we inform you otherwise, you are solely responsible for complying with the terms and conditions applicable to your use of the Third-Party Content (which may be made available to you by MRP or the third-party provider) and payment of the associated fees for your use of the Third-Party Content.

9. Disclaimers

MRP makes every effort to provide helpful information and to keep all MRP Content accurate and up to date, but makes no warranties or representations regarding the Platform. You agree that all access and use of MRP’s Products and Services and externally linked pages are at your own risk.

If you are an Australian or New Zealand Resident

Subject to any consumer guarantees that cannot be excluded under Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") or New Zealand's Consumer Guarantees Act 1993 (NZ) ("CGA"), MRP is providing the Platform and MRP Content on an “as is” basis and makes no representations, guarantees or warranties of any kind with respect the Platform or MRP Content. MRP disclaims all such representations and warranties, including for example warranties of merchantability. MRP does not warrant that use of the Platform or MRP Content will be uninterrupted or error free, or that the Platform or MRP Content are free of bugs, viruses or errors. In addition, MRP does not represent or warrant that the information accessible via the Platform (including the MRP Content) is accurate, complete or current.

10. Liability and indemnity

10.1 MRP's liability

TO THE FULL EXTENT PERMITTED BY LAW, MRP WILL NOT BE LIABLE FOR:

(a) ANY LOSS WHICH DOES NOT DIRECTLY AND NATURALLY FLOW IN THE NORMAL COURSE OF EVENTS FROM THE EVENT GIVING RISE TO THE LIABILITY FOR SUCH LOSS, WHETHER OR NOT SUCH LOSS WAS CONTEMPLATED BY THE PARTIES AT THE TIME OF ENTRY INTO THESE TERMS, AND INCLUDES (WITHOUT LIMITATION) ANY LOSS OF REVENUE OR PROFITS, OPPORTUNITY, ANTICIPATED SAVINGS OR SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ("CONSEQUENTIAL LOSS"); OR

(b) ANY LOSS, CLAIM OR LIABILITY ARISING FROM OR IN RELATION TO ANY THIRD-PARTY CLAIMS (INCLUDING OTHER USERS OF THE PLATFORM) OR ANY BREACH OF THESE TERMS BY YOU.

UNLESS YOU HOLD A SUBSCRIPTION PLAN OR ARE A REGISTERED BUSINESS USER OR OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS, IF MRP IS FOUND LIABLE UNDER OR IN CONNECTION WITH THESE TERMS (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, STATUTE OR OTHERWISE), THEN TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, MRP'S TOTAL LIABILITY WILL BE LIMITED IN THE AGGREGATE TO US$100.00.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

10.2 Refunds and returns

If you believe the any of the products or services you have received may be faulty, please contact MRP to determine your options regarding repair, replacement, or refund.

10.3 Liability under the ACL for Australian and New Zealand residents

This clause only applies if you are an Australian or New Zealand resident and the ACL or CGA (as the case may be) applies to these Terms.

If a supply under these Terms is a supply of goods or services to a consumer within the meaning of the ACL or CGA, nothing in these Terms affects the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the ACL or CGA, provided that, to the extent permitted under the ACL or CGA and subject to clause 18, our liability is limited to (at MRP's option):

(a) in respect of a supply of goods: repairing the goods or paying the cost of repair, or providing a replacement that is identical, or of the same type and value as the goods; or

(b) in respect of a supply of services: the resupply of the services or payment of the cost of resupplying the services.

10.4 Indemnity

You must defend, indemnify and hold harmless MRP (and our employees, agents, licensees, successors and assigns) against all Loss, claim and liability (including without limitation, attorney's fees and costs) arising from or in relation to:

(a) Your breach of these Terms;
(b) Your breach of the applicable privacy laws;
(c) any third-party claims for the infringement of that third-party's intellectual property rights; and
(d) MRP's use of Your Content in accordance with these Terms.

11. Termination

These Terms automatically terminate upon the later of: you permanently ceasing access or use of the Platform, and the deletion of your Account.

Once these Terms terminate:

(a) you may no longer access the Platform;

(b) unless you tell us to delete Your Content, we may keep copies of, and continue to use, Your Content;

(c) if you have an active Subscription Plan, the consequences of termination at the "Subscription Period" section at clause 5.2 additionally apply; and

(d) the following provisions survive termination of these Terms: clause 3.3 (Account activity), 5.2 (Subscription Period), 5.7 (Liability under Subscription Plan), 6 (Trademarks), 7.1 (Using Your Content), 8(b) (Third-Party Content), 10 (Liability and indemnity), this clause 11(d), 13 (Applicable law), 14 (Notices and Complaints), 17.1(a) and 17.1(b) (Ticketing), 18(a) (Marketplace and Merchandise), 20(f) (Trade promotion by Businesses), 22 (Ticketing), 23 (Marketplace and Merchandise), 24 (Audio Feeds), and 25(f) (Trade promotion).

12. Changes to these Terms

MRP may revise and update these Terms from time to time in our sole discretion. Unless the below exception applies to you, all changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

If you are an Australian resident or the Business is incorporated in Australia, the following conditions apply:

(a) MRP will notify you at least 14 days before making any changes to the Terms;

(b) if you hold or are under a Subscription Plan, the changes will only take effect at the start of the following billing period and if you do not agree to the proposed changes, you may cancel your Subscription Plan and cease access of the Platform at any time; and

(c) if you do not agree with the proposed changes to the Terms, you may cease access of the Platform at any time.

13 Applicable Law

If you are a United States resident or are a resident of any country other than Australia

These Terms are governed by and is to be construed in accordance with the laws of the United States and the State of Nebraska. By using the Platform, you consent to this exclusive choice of law and to exclusive jurisdiction and venue for any disputes related to the website in the federal and/or state courts located in or whose jurisdiction covers Lincoln, Nebraska.

Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed by the parties with respect to these Terms and Conditions and the transactions contemplated hereby.

If you are an Australian resident

These Terms are governed by and is to be construed in accordance with the laws applicable in Western Australia, Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Western Australia, Australia and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.

14. Notices, questions and complaints

The addresses for delivery of notices are as follows:

(a) for MRP: by email to contact@myracepass.com; and

(b) for you: the contact details specified in your Account.

If a fault or error occurs within the Platform or you have any questions or complaints in relation to the Platform, you may contact support@myracepass.com and MRP will take reasonable steps to address the fault, question or complaint.

15 Disputes between users

As a condition of access to the Platform, you release MRP (and affiliates) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have or claim to have with one or more other Platform users, including, without limitation, any claim that another user infringes upon your intellectual property rights.

You further understand and agree that:

(a) MRP will have the right but not the obligation to resolve disputes between users relating to the Platform, and MRP’s resolution of any particular dispute does not create an obligation to resolve any other dispute;

(b) to the extent MRP elects to resolve such disputes, it will do so in good faith based solely on its general rules and standards and will not make judgments regarding legal issues or claims;

(c) MRP’s resolution of such disputes will be final with respect to the Platform; and

(d) you hereby release MRP (and MRP’s shareholders, affiliates, directors, officers, subsidiaries, employees, and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with MRP’s resolution of disputes relating to MRP’s products and services.

16. Contact Information

For US residents and residents outside of Australia
Name: Cavaho, LLC
Address: 151 N. 8th Street, 5th Floor, Lincoln NE 68508 United States of America
Phone: 402-302-2464
Email: contact@MyRacePass.com

For Australian residents
Name: MyRacePass Pty Ltd
Address: Level 10/1 Eagle Street, Brisbane City, QLD 4000
Phone: (+1) 402-302-2464
Email: contact@MyRacePass.com

INDIVIDUAL USERS – IF YOU ARE ACCESSING OR USING THE PLATFORM FOR PERSONAL AND NON-COMMERCIAL PURPOSES, THE FOLLOWING SECTIONS OF THE TERMS ADDITIONALLY APPLY TO YOUR USE OF THE PLATFORM. THE FOLLOWING SECTIONS DO NOT APPLY IF YOU ARE A BUSINESS OR BUSINESS USER.

17. Ticketing

17.1 General

All event tickets sold through the Platform ("Tickets") are final and may not be returned or refunded with MRP.

In purchasing a Ticket, you understand and agree that:

(a) MRP is not the party hosting, conducting, managing or otherwise responsible for, the Tickets and the events to which the Ticket relates, and accordingly to the full extent permitted by law, MRP excludes all liability for any Loss, claim or liability in relation to:
(i) any Tickets or the event to which a Ticket relates; or
(ii) the cancellation, rescheduling, relocation or any other change to the event;

(b) notwithstanding any other provision in these Terms, if MRP is found liable in relation to or in connection with the provision or sale of the Tickets to you (whether arising under contract, tort, negligence or statute), to the full extent permitted by law, our total liability is limited in the aggregate to the amount lesser of: the purchase price of the Ticket or US$100;

(c) MRP acts on behalf of each Business hosting, conducting, managing or that is otherwise responsible for the event to which the Ticket relates ("Seller") as their authorized ticket sales agent;

(d) you must contact the Seller regarding any returns or refunds;

(e) each Ticket and event is subject to the terms and conditions of the Seller, with which you are solely responsible for complying, and you must contact the Seller regarding any questions you may have about the Ticket; and

(f) MRP's agency arrangement with the Seller does not affect any agreements you may have with the Seller and is not intended to override your commercial relationship with the Seller under those agreements.

If the event is rained out or adversely affected by circumstances beyond the reasonable control of the Seller, you will need to view the Seller's terms and policies for the proper procedures.

If you have purchased the Ticket from one of the drivers, they will still get the Ticket Referral Fee (as described in the Website or Documentation) and you will still be continuing your support of the drivers.

17.2 Tickets for Australian-based race track venues

If you are purchasing Tickets for Australian-based race track venues or events, this clause applies.

Only online Tickets will be available to purchase on this website with Australian-Based race track venues.

All ticket sales for an Australian-Based entity will be in $AUD. GST (as defined under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)) (10%) is included on any service fees for the Ticket as well as the Ticket price itself, if the event promoter is registered for GST. If the event promoter is not registered with GST, only the service fees for the Ticket sale are subject to GST (10%).

Immediately following the purchase of online Tickets, the Tickets and tax invoice will be delivered to the email address you provided on the purchase as well as inside the Tickets tab within the Platform or on www.myracepass.com/account/orders if you created an Account at the time of purchase.

Credit / Debit cards will be used for the ticket purchase. MasterCard, Visa and Discover will be the available options for your ticket purchase with your Credit Cards and Debit Cards.

18. Marketplace and Merchandise

This clause applies if you are purchasing any race track or driver merchandise, apparel or other products ("Merchandise").

All Merchandise orders will be processed within 24 hours of your initial order and then can take up to 14 to 21 business days for you to receive the Merchandise.

In purchasing the Merchandise, you understand and agree that:

(a) MRP is not the party manufacturing the Merchandise and accordingly to the full extent permitted by law, MRP excludes all liability for any Loss, claim or liability in relation to any Merchandise;
(b) MRP acts on behalf of each Business manufacturing the Merchandise ("Seller") as their authorized resale agent;
(c) you must contact the Seller regarding any returns or refunds;
(d) the Merchandise is additionally subject to the terms and conditions of the Seller, with which you are solely responsible for complying, and you must contact the Seller regarding any questions you may have about the Merchandise;
(e) the Merchandise may be subject to specific restrictions (including without limitation, restrictions regarding suitability for use or care instructions) and health and safety information within the packaging and it is your sole responsibility to read any such restrictions or information and ensure the Merchandise is suitable for your intended use;
(f) the Merchandise is not intended for commercialisation;
(g) title and risk in the Merchandise pass to you upon payment of the purchase fee;
(h) MRP may arrange for the replacement of the Merchandise if it is faulty or defective, otherwise MRP has no obligation to replace the Merchandise if it is lost or damaged in the course of delivery of the Merchandise or normal wear and tear;
(i) MRP does not guarantee that the appearance, size, shape or colour of the Merchandise as shown in any advertising is an exact reproduction of the Merchandise manufactured; and
(j) MRP's agency arrangement with the Seller does not affect any agreements you may have with the Seller and is not intended to override your commercial relationship with the Seller under those agreements.

This paragraph applies if you are an Australian resident and to the extent that the ACL applies to MRP's sale of the Merchandise. The Merchandise may come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Merchandise repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

19. Audio Feeds

This clause applies to your access or use of the audio streaming service available through the Platform ("MRP Audio").

MRP does not claim any rights or interest in any musical sounds that are picked up in the background of the audio feed broadcast on MRP Audio.

Audio feeds broadcasted through MRP Audio are pulled directly from the host organization and are not moderated by MRP. The opinions and views expressed by on-air personnel are the opinions and views of those on-air personnel.

MRP does not control the content broadcasted through MRP Audio and accordingly the availability of such content through the Platform or MRP Audio in no way constitutes MRP's support, agreement, affiliation, sponsorship, approval of such content.

Audio levels can be unpredictable so set your volume accordingly.

20. Trade promotions by Businesses

From time to time, Businesses may run, conduct, operate, manage or otherwise be responsible for trade promotions on the Platform.

By participating in the trade promotion, you understand and agree that:
(a) the trade promotions are conducted, operated, managed by the Business and at their absolute discretion;
(b) MRP has no involvement in any trade promotion conducted by Businesses and is not responsible for the promotion, operation, organisation, management, control or operation of a trade promotion;
(c) MRP does not receive any benefit, compensation or commission from the Businesses in respect of the trade promotions;
(d) the trade promotions are subject to the terms and conditions provided by the Business and you are solely responsible for complying with those terms;
(e) MRP makes no guarantee, warranty or representation in relation to trade promotions ran, conducted, operated or ran by Businesses on the Platform or any prizes offered under the promotion;
(f) MRP exclude all liability for any Loss, claim or liability arising from or in relation to a Business' Conduct of a trade promotion; and
(g) in respect of any fantasy races held on the Platform, MRP does not provide any prizes to the race winners and any prize offers or awards are made solely at the discretion of the Businesses.

BUSINESSES AND BUSINESS USERS – IF YOU ARE A BUSINESS OR A BUSINESS USER, THE FOLLOWING SECTIONS OF THE TERMS ADDITIONALLY APPLY TO YOUR USE OF THE PLATFORM. THE FOLLOWING SECTIONS DO NOT APPLY IF YOU ARE AN INDIVIDUAL USER THAT WILL USE THE PLATFORM FOR PERSONAL AND NON-COMMERCIAL PURPOSES.

21. Your Content

Any reference to Your Content in these terms, includes a reference to any race results, audio broadcasted, race schedule, race statistics, and webpages or profiles you create through the Platform.

22. Ticketing

The Business appoints MRP, and MRP accepts that appointment, as the Business' agent to perform any of the following tasks:

(a) advertise and sell any tickets to events hosted, organized, conducted or for which the Business is responsible ("Tickets");
(b) issue or provide the Tickets;
(c) issue invoices for the sale of the Tickets and collect all fees payable for the Tickets;
(d) withhold any goods and services tax; and
(e) hold all Ticket sale proceeds on trust for the Business in a dedicated bank account and disburse those fees at the mutually agreed intervals.

In exchange for the appointment, MRP may retain a portion of the Ticket sales as commission for acting as agent, in the amount mutually agreed by the parties in writing.

You understand and agree that MRP will not be liable for any Loss, claim or liability arising from or in relation to any third-party claims or Consequential Loss. You must indemnify MRP against any Loss, claim or liability made against, or suffered by, MRP arising from or in connection with acting as your agent in accordance with this clause 22.

23. Marketplace and Merchandise

The Business may (whether directly or through MRP) advertise and sell any race track or driver merchandise, apparel or other products ("Merchandise") through the Platform. If the Business holds a current and active subscription to at least the Essential Subscription Plan, the Business is open for commissions or profits on sale of the Merchandise.

All profits and commissions will be sent via ACH to the Business' Account if and only if the Business has supplied MRP with an updated ACH form.

The Business appoints MRP, and MRP accepts that appointment, as the Business' sales agent to perform any of the following tasks:
(a) advertise and sell race track or driver merchandise, apparel or other products ("Merchandise")
(b) ship or deliver (or arrange shipment or delivery of) the Merchandise;
(c) issue invoices for the sale of Merchandise and collect all fees payable for the Merchandise;
(d) withhold any goods and services tax; and
(e) hold all Merchandise sale proceeds on trust for the Business in a dedicated bank account and disburse those fees at the mutually agreed intervals.

In exchange for the appointment, MRP may retain a portion of the Merchandise sales as commission for acting as agent, in the amount mutually agreed by the parties in writing.

You understand and agree that MRP will not be liable for any Loss, claim or liability arising from or in relation to any third-party claims or Consequential Loss. You must indemnify MRP against any Loss, claim or liability mage against, or suffered by, MRP arising from or in connection with acting as your agent in accordance with this clause 23.

24. Audio Feeds

This clause applies to any broadcasts or transmissions made through the audio streaming service available through the Platform ("Audio Feed"), if permitted under the Business' Subscription Plan.

You must:
(a) procure all necessary licences, authorizations, permits, licences and other requirements to air the Audio Feed;
(b) take full responsibility of any Audio Feed and indemnify and hold MRP (and its affiliates) harmless against all Loss, claim or liability arising from or in relation to the Audio Feed; and
(c) not air any unlawful, unethical or inappropriate content or any content that is in breach of these Terms.

You retain all right (including all intellectual property rights), title and interest in and to the Audio Feed. You grant us a non-exclusive, non-transferable, royalty-free licence to use the Audio Feed:
(a) to broadcast and re-broadcast the Audio Feed to other users of the Platform; and
(b) to improve our Platform.

25. Trade promotions

Subject to holding and maintaining the relevant Subscription Plan, you may run, conduct, facilitate, carry on, operate or manage ("Conduct") a trade promotion on the Platform at any time.

In Conducting the trade promotion, you understand and agree that:

(a) you must comply with all laws the apply to your Conduct of a trade promotion through the Platform (including through the fantasy racing feature);
(b) you must procure and maintain all necessary licences, permits, authorizations, permissions, consents or other requirements to lawfully Conduct the trade promotion;
(c) you must provide the participant users with all relevant information regarding the trade promotion, including without limitation, the promotion terms and conditions, your licence, permit or authority details, prize details, entry mechanics and eligibility requirements;
(d) you are solely responsible and liable for Conducting the trade promotion on the Platform, including (without limitation) advertising the trade promotion, determining and enforcing the promotion rules, awarding and delivering prizes to the winners and addressing all questions and concerns of participants in respect of the trade promotion;
(e) MRP has no responsibility to Conduct, assist with Conducting, support, police, manage or monitor the trade promotion or your Conduct of the trade promotion; and
(f) you must indemnify and hold harmless MRP (and all its affiliates) against any loss, claim or liability incurred by MRP arising from or in connection with your Conduct of the trade promotion, including without limitation any regulatory or governmental fines and penalties.

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